Family Law
Frichot & Frichot have family lawyers who are experienced in handling all aspects of family law for married, de facto and same sex couples.
We have also acted for and advised grandparents, step-parents and others in relation to their rights under the family law.
Our team of family lawyers is able to advise on any family law matter. They can assist by providing representation and advice at all stages of the family law process – during negotiations, mediation, making applications to the court and, if necessary, representation in court.
Our lawyers understand how difficult the process of separation and divorce can be and strive to provide advice and representation with compassion and understanding. We look for practical and sensible outcomes for our clients, without sacrificing their best interests.
Our family law team has many years of experience in providing advice and representation in financial matters with particular experience in property settlements involving family-owned farms and businesses.
Our Family Law Practice Areas
Property & Financial Settlements
The division of property after separation often involves complex financial issues. With extensive commercial and corporate experience, our family lawyers are able to explain clearly and provide expert advice to enable you to understand your rights, entitlements and obligations and your options to resolve matters through an out of court settlements or determination by the court.
We are able to assist clients in the various aspects of property and financial settlement including:
- Property division;
- Spousal & de facto maintenance
- Superannuation splitting; and
- Third Party interests in property and financial settlements including business partners and related parties.
Financial Agreements
Financial Agreements set out agreed on terms for the division of property in the event of separation and may be made prior to entering into a relationship (married or de facto), during the relationship, at separation or after separation. Financial Agreements are a useful tool for the division of property and can minimise potential conflict in the event of separation.
Frichot’s family lawyers are able to assist parties at different stages of their relationship to discuss sensitively and come to an agreement about the division of property. Financial Agreements that may be appropriate include:
- De Facto Financial Agreements
- De Facto (Same Sex Couple) Financial Agreements;
- Pre-Marriage Financial Agreements (more commonly known as “pre-nuptial agreements” or “prenups”);
- During Marriage Financial Agreements; and
- Post-Separation Financial Agreements.
Parenting Issues
Parents and carers of children have to navigate a broad range of issues after separation. Family dynamics change completely and co-parenting often involves an entirely different approach. We can assist parties with advice on a wide range of children’s issues that arise upon separation. We are also able to provide advice and representation regarding the court system to promote the best interests of children.
We are also in a position to provide advice and representation to others who may be involved in the care and upbringing of a child, such as a grandparent or step-parent.
At Frichot & Frichot we are experienced in dealing with all children’s issues, including:
- Parental responsibility;
- Arrangements for children to spend time with different parties;
- Third party rights (such as grandparents and others with an interest in the welfare of a child);
- Relocation of parents and children;
- International child recovery (Hague Convention);
- Binding Child Support Agreements;
- Adoption; and
- Surrogacy.
Divorce
Divorce is generally a straightforward process. However, for those not familiar with the processes in the Family Court of Western Australia, we can provide assistance in completing and serving an application for divorce and, where necessary, attendance at divorce hearings.
Articles of Interest
Binding financial agreements – Thorne v Kennedy revisited
Since the High Court of Australia handed down its findings in the matter of Thorne v Kennedy [2017] HCA 49, there has been much discussion as to what the implications of the decision are for binding financial agreements in Australia, with more than one headline...
The Family Court and de facto relationships
Over the last decade, an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating...
Marriage Equality: What Impact has the Amendments to the Definition of Marriage had on Family Law?
On 7 December 2017, the Commonwealth Parliament enacted legislation that amended the definition of marriage in the Marriage Act 1961 (Cth) to ‘…the union of 2 people to the exclusion of all others, voluntarily entered into for life’ (formerly, the definition was in...
What you need to know about Child Support
Family law in Australia recognises that both parents of a child should be financially responsible for that child’s care, regardless of the parents’ marital status, their past or present relationships, or their involvement in the child’s life. The child support scheme...
Do you understand your obligations regarding Spousal Maintenance?
It is not common knowledge that, in Australia, when a marriage or a de facto relationship ends, one party to the relationship may be ordered by the Family Court to “financially maintain” the other party to the relationship, by way of “spousal maintenance”.
Inheritances and their inclusion in the pool of assets in Family Law Proceedings
Families and money can sometimes be a volatile combination. That is never more so than where divorces and Wills are concerned. When is an inheritance an asset for family law purposes?