Genuine Legal WA

As specialist Family Lawyers, the team at Genuine Legal WA work very hard to help clients come to a swift and amicable resolution without the need to go to Court.

There are so many things that can be done without the need for costly and time-consuming Court proceedings and the best outcomes are always the ones that both parties agree to, as opposed to the ones imposed by the Court.

When you work with our team, we will explore all the options available and work with all parties involved to find a resolution that is fair and equitable.

Make a booking today to speak with one of our team in a free consultation - https://bit.ly/GLWAFreeConsult

𝗦𝗽𝗼𝘂𝘀𝗮𝗹 𝗠𝗮𝗶𝗻𝘁𝗲𝗻𝗮𝗻𝗰𝗲 𝗘𝘅𝗽𝗹𝗮𝗶𝗻𝗲𝗱

In layman's terms, spousal maintenance is the financial support provided by one spouse to another. Payments are usually made on an interim basis until the finances can be finalised, but they may extend beyond that.

For the Court to determine whether one party should pay maintenance to the other, it must establish:

- The reasonable living expenses of the party seeking maintenance ("the payee") exceed the income earning capacity of the payee. It is often called the payee's "need";

- Income earning capacity of the other party ("the payer") exceeds reasonable living expenses. This is often called the payer's "capacity to pay".

Upon finding that the payer has the capacity to pay, the Court may order the payer to provide spousal maintenance to the payee. It is usually the lesser of the payee's needs and the payer's capacity to pay that determines the amount of spousal maintenance.

Many factors will be considered by the Court when determining the above, including any living arrangements, of either party, with another person other than their ex-partner, and the financial circumstances of that cohabitation.

They will also take into account whether either party has control or care of the child of the marriage, as well as each party’s income-earning capacity and the size of the asset pool.

Genuine Legal WA can support you during this process, providing expert guidance and advice as well as facilitating communication. For more information, reach out to one of our team for a free consultation about your case - https://bit.ly/GLWAFreeConsult

"𝙒𝙝𝙚𝙣 𝙬𝙚 𝙨𝙚𝙥𝙖𝙧𝙖𝙩𝙚, 𝙬𝙝𝙖𝙩 𝙝𝙖𝙥𝙥𝙚𝙣𝙨 𝙩𝙤 𝙤𝙪𝙧 𝙥𝙚𝙩𝙨?"

While we love our pets and we consider them members of our family, Family Law recognises them as property and does not apply the same rules as they do for children. In fact, any custody arrangements are included in the property settlement, and if the matter goes to Court, it is very rare the Court will rule for a shared custody arrangement, and will instead decide which party the pet will live with.

In most cases, arrangements can be made outside of Court. They are made as part of the overall property settlement and may take the form of a timetable or schedule based on what both parties agree to. Unless the pet's safety is in question, these arrangements are the best option to resolve the matter.

Keep in mind that, as with children during separation, pets should not be put under undue stress.

"𝘿𝙤 𝙬𝙚 𝙣𝙚𝙚𝙙 𝙩𝙤 𝙝𝙖𝙫𝙚 𝘾𝙤𝙪𝙧𝙩 𝙊𝙧𝙙𝙚𝙧𝙨 𝙩𝙤 𝙙𝙞𝙫𝙞𝙙𝙚 𝙥𝙧𝙤𝙥𝙚𝙧𝙩𝙮 𝙤𝙧 𝙖𝙨𝙨𝙚𝙩𝙨?"

Short answer? No. However, we always recommend clients have these done, even if the split is agreed upon by both parties and the divorce or separation is amicable.

There are a few reasons for this:

1. Without Court Orders, neither party has any legal obligation to honour any agreement made. A simple change in circumstance could mean one or both change their minds, and this can lead to other complications, especially if a lot of time has passed.

2. Having Court Orders also means that all assets and property that fall into the asset pool are recorded at the time of lodgement. This means, once orders are lodged, either party can accumulate other assets without them becoming a part of the asset pool. This is also why we recommend resolving property matters as soon as possible.

3. Properties transferred from a joint name into one name attract substantially less stamp duty, so having these orders could save a lot of money too.

There is also the option of entering into a binding Financial Agreement. This is a private written agreement between the parties and is not filed in Court. Before signing, each party should obtain independent legal advice. The benefits of Financial Agreements are similar to those of court orders, but they are typically more expensive.

If you're not sure which is the best option for your circumstances, please reach out to our team for a free consultation and general advice. You can book here - https://bit.ly/GLWAFreeConsult

With divorce or separation being such an emotional process, mediation is often the best course of action when it comes to resolving conflict and getting agreement from both parties on a way forward.

Many people believe mediation is solely for the purpose of working out parenting arrangements, and while this may form a part of some mediation processes, it's not the only reason to enter into mediation.

There is no script for a mediation. Every case is different and some are more successful than others. We are very open with clients, and make them aware at the outset that, should mediation fail, the next step is to take the matter to Court. While we do what we can to avoid this, sometimes it is the only way to have the matter resolved.

If you'd like support for mediation and want a team of legal experts in your corner, Genuine Legal WA have years of experience helping clients through the mediation process.

𝗙𝗮𝗺𝗶𝗹𝘆 𝗟𝗮𝘄 𝗠𝘆𝘁𝗵𝘀 𝗕𝘂𝘀𝘁𝗲𝗱 - 𝗔𝗹𝗹 𝗮𝘀𝘀𝗲𝘁𝘀 𝗮𝗻𝗱 𝗽𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗮𝗿𝗲 𝘀𝗽𝗹𝗶𝘁 𝟱𝟬/𝟱𝟬

Every family is unique, and the outcome will depend on its particular circumstances. A majority of people believe that the division between the parties is 50/50. In fact, that isn't the case.

Each party's financial, nonfinancial, homemaker and parent responsibilities, as well as their future needs, must be taken into consideration. All of these factors are considered individually and will affect the final outcome.

This is why it's important for married or defacto couples to record their official date of separation and it needs to be the same date. If the dates differ, this can cause problems when it comes time to draw up orders or a binding financial agreement.

"𝘊𝘢𝘯 𝘺𝘰𝘶 𝘩𝘦𝘭𝘱 𝘮𝘦 𝘸𝘪𝘵𝘩 𝘰𝘵𝘩𝘦𝘳 𝘭𝘦𝘨𝘢𝘭 𝘮𝘢𝘵𝘵𝘦𝘳𝘴 𝘵𝘩𝘢𝘵 𝘢𝘳𝘦𝘯'𝘵 𝘍𝘢𝘮𝘪𝘭𝘺 𝘓𝘢𝘸?"

While every lawyer has some basic understanding of the legal system, not all of them are knowledgeable in each particular area of law. Just like doctors or other professionals, lawyers have specific areas of practice. This enables us to best represent our client’s interests and provide expert guidance and advice.

While Genuine Legal WA can assist with some matters, such as Simple Wills, we cannot handle every legal matter. We encourage clients to seek representation from a firm that specialises in their needed area and can provide referrals or recommendations if needed.

There are many reasons why a couple may choose to live under the same roof after a separation. They might be financial, or the separation may be amicable enough that they can co-habitate.

While you do not have to reside in separate properties, you will have to provide evidence of your separation. This may include:

- Informing family/friends of your separation
- Sleeping in different beds
- Not attending social gatherings together
- Message history

One of the most important legal pitfalls that may arise is determining the actual date of separation, and parties may be in dispute over this.

De Facto couples must commence a property settlement within two years of separation. Married couples must have been separated for at least one year prior to applying for a divorce.

The separation date may also affect property settlement matters. Assets acquired post-separation may not be considered part of a property settlement but the party who acquired them would need to provide proof that the asset/s were acquired post-separation. This again means having a recorded and provable separation date.

If you have any questions about property settlements or cohabitation, please reach out to one of our Family Law experts for advice. The earlier this is done, the easier it will make things in the future.

You may think that Wills are something only "old people" think about, but if you've ever lost a loved one unexpectedly, you know this isn't true.

A simple Will can save your family hours, days, weeks, and months of stress as they navigate the long and laborious process of probate and all the associated paperwork and costs.

For $250.00, Genuine Legal WA can prepare a simple Will for you. We will have a brief chat beforehand to ensure your situation isn't too complicated for a simple Will, but for most people, this is more than enough.

Also, we are able to assist with EPOAs (Enduring Power of Attorneys) and EPOGs (Enduring Power of Guardianships).

Feel free to reach out to one of our team members today to see whether Genuine Legal WA is a good fit for your needs. - bit.ly/GLWABooking

We've mentioned this before but it certainly bares repeating.

During a divorce or separation, social media is not the platform for partners to vent about their ex. While there may be no grounds for any legal action as a result of using social media this way, the fallout from this kind of behaviour can ultimately derail mediation or reaching agreements.

We get it. Social media is seen as a place where people can speak their minds, share their opinions and not have to censor themselves. The problem with this, during a divorce or separation, is that ex-partners usually have mutual friends and connections who will see this content and possibly report back to the other party.

This may not be done with malicious intent. They may think they are just looking out for their friend or family member. Ultimately though if one party takes offence to what another party has said on social media, an already emotional situation can become an all-out "war of words", and this doesn't serve anyone's best interests.

Especially where kids are involved, as many of them are actively using social media platforms, we encourage clients to avoid posting anything on social media about their partner or legal proceedings.

If you need advice, don't go to Facebook, speak to your lawyer. If you don't have one, Genuine Legal WA offers a 1hr free consult to discuss your case and provide some initial guidance on what you can do and how we can help. Book in here - bit.ly/GLWAFreeConsult

𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗗𝘂𝗿𝗶𝗻𝗴 𝗗𝗶𝘃𝗼𝗿𝗰𝗲 𝗼𝗿 𝗦𝗲𝗽𝗮𝗿𝗮𝘁𝗶𝗼𝗻

We all like to think of ourselves as rational, reasonable people, but once emotions get involved, things change. During a divorce or separation, even a relatively amicable one, emotions can have an unpredictable impact on how we communicate.

The bottom line is that communication during this process is so important. The only way to get a satisfactory and fair resolution is for both parties to communicate with each other respectfully. Again, easier said than done when feelings are hurt or one or both parties feel they aren't being treated fairly.

At Genuine Legal WA we aim to try and keep things out of Court. It's expensive, time-consuming, and ultimately compounds any current issues through stress and what can seem like a combative process. Your lawyer can help you communicate with your partner and their legal team and we encourage clients to speak with us before sending communications about their separation or divorce.

Late-night texts or phone calls, communication whilst under the influence, or excessive contact can all lead to a much more complicated process, so make sure you speak with your lawyer, set some ground rules for communication at the start, and stick to them.

A very real issue when it comes to divorce or separation is family or domestic violence. Recent changes to the Fair Work Act mean that full-time, part-time and casual employees can access 10 days of paid family and domestic violence leave in a 12-month period.

This leave can be used for making arrangements for their safety, or the safety of close relatives, including relocation, attending court hearings, meeting with police, attending counselling, or making medical, financial, or legal appointments.

Obviously, we hope clients never have to use this, but knowing it is available can take some of the pressure off when they need to attend meetings with their lawyers. With finances being one of the most stressful issues when it comes to divorce or separation, knowing these entitlements are now available will certainly help.

If you or someone you know is experiencing family or domestic violence, please reach out to 1800RESPECT, the national domestic, family and sexual violence counselling, information and support service. You can use their online chat service or phone 1800 737 732.