Family Law

Family Trusts and Family Breakdowns – Understanding Asset Pool Inclusion

Family trusts can significantly impact asset division during family breakdowns, such as divorce or separation. Understanding how family trusts are treated in these situations is crucial for individuals navigating such challenging circumstances.

Defacto Relationships – Understanding the Financial Implications

In the realm of relationships, the legal status of “de facto” often raises questions about financial rights and responsibilities. Understanding what constitutes a de facto relationship and its implications on finances is crucial for individuals navigating this dynamic aspect of modern partnerships.

Defining De Facto Relationships

A de facto relationship is recognized in many jurisdictions as a partnership between two individuals who live together in a domestic arrangement, akin to marriage but without being formally married. The criteria for establishing a de facto relationship vary by jurisdiction but commonly include factors such as:

Compassionate Guidance Through Divorce and Separation

At Ahern Sierakowski, we understand that divorce or separation is a challenging and emotional journey. During this difficult time, having the right support and guidance can make a significant difference.

Understanding the Legal Definition

Divorce is a legal process that formally dissolves a marriage, bringing an end to the marital relationship between two individuals. It is a significant life event that entails both emotional and legal dimensions, impacting various aspects of individuals’ lives and families.

Protecting Your Business Assets

For business owners, navigating divorce can introduce complex challenges that extend beyond personal matters to include the protection of valuable business assets. Whether you’re a sole proprietor, partner, or part of a closely held corporation, safeguarding your business interests during divorce proceedings requires careful planning and strategic considerations.

Our family law system emphasizes empowering separated families to reach their own agreements on caring for their children without the need for court intervention. In Australia, it is mandatory for separated parents to attempt Family Dispute Resolution (FDR) before seeking parenting orders from a family law court.

Mediation and arbitration offer efficient alternatives to lengthy court trials for resolving disputes. Mediation, a structured negotiation facilitated by a neutral third party, helps parties communicate respectfully and identify their needs and interests. If an agreement is reached through mediation, it can be formalized into enforceable court orders via the Family Court of Western Australia, providing added assurance.

Legislation Update: Superannuation Split in WA De Facto Relationships

Recent legislative changes in Western Australia have introduced significant updates regarding the division of superannuation assets in de facto relationships. Understanding these changes is crucial for individuals navigating separation or divorce in the region, particularly concerning financial settlements and superannuation entitlements.

Understanding the Essentials

Custody battles can be emotionally charged and legally intricate, requiring thorough preparation and understanding of key factors. Whether you’re navigating a divorce or separation, understanding what’s involved in custody disputes is essential for advocating for your child’s best interests.

Inheritance can be a sensitive and complex issue in divorce proceedings, often raising questions about whether it constitutes part of the asset pool subject to division. Understanding how inheritance is treated under family law is crucial for individuals navigating divorce or separation.