In Western Australia, family law regulates personal relationships and related legal obligations. It applies when relationships change or when deciding to work in the best interest of children. The scope of family laws helps you recognise your rights, duties and available legal options during a significant life transition. To help you with that, we’ll discuss issues addressed under family law and explain how they are managed through legal processes in Perth.
Family law governs the legal recognition of marriage and the formal process for ending it. Divorce operates on a no-fault basis, which means that the court does not consider who caused the relationship to end. The only ground is an irretrievable breakdown of the marriage, as shown by separation for a minimum of 12 months.
Separations allow couples to live apart and resolve parenting or financial matters while remaining married. After that, divorce applications can be filed with the help of family law services in Perth. Once the divorce has been granted, it affects the marriage rights that apply limits for property and spousal maintenance claims.
Family law regulates parenting arrangements by focusing on the best interests of the child. These arrangements determine where a child lives and how much time they spend with each parent. The law encourages parents to share parental responsibilities related to education and health.
Parents are encouraged to resolve disputes outside of court through the following arrangements. Here are a few settlement options that can be achieved with the help of family dispute lawyer in Perth:
Family law regulates how property and finances are divided after a relationship breaks up. Property includes real estate assets, savings, investments, superannuation interests and businesses held by both parties. The law follows a structured assessment that looks at the total asset pool. Disputed property matters may proceed to court, where litigation lawyers Perth often handle valuation disagreements and contested contribution claims.
Contributions from both parents may include income, asset ownership, homemaking and parental roles. At the same time, future needs can be identified through individuals’ age, health, earning capacity and care of children.
Spousal and de facto maintenance refers to the financial support paid by one former partner to another after separation if one individual cannot meet their own living expenses. Under the Western Australian system, the following rule is applicable to both married and de facto partners.
Next, the court decides its ruling for each case, taking into account age, health, earning capacity, care of children, and standard of living. Because maintenance obligations can significantly affect long-term financial stability, getting family legal advice Perth helps you understand how the support will be provided.
Family law in Perth covers safety-related issues arising from personal relationships. These issues are addressed through enforceable court orders and statutory protection.
In Western Australia, family law formally recognises violence under the Family Law 1975. This includes physical assault, threats, coercive control, stalking as well as emotional and financial issues. In such cases, courts may issue Violence Restraining Orders (VROs) and must consider any existing violence when making parenting decisions.
Family law covers safety where there is evidence of abuse or unsafe living conditions for the child. Neglect may indicate failure to offer medical attention, shelter, and safeguards against known dangers. The courts also acknowledge vulnerability to psychic damage for children exposed to violence, harmful substance abuse, and severe parental conflict. In such situations, you can seek support from a child custody lawyer Perth to restrict or suspend a parent’s contact with the child.
If there is an immediate risk to a child or parent, the family law allows urgent and interim orders. These decisions may include temporary parenting orders so that the child or their parents can be safe.
Family law covers key areas associated with personal relationships, including marriage, divorce, custodianship, division of property, and finances. The law provides an assurance that the custodianship structure is in the best interests of the child and encourages alternative dispute resolution. The family law also covers the issue of fairness in finances, including the payment of ‘spousal or de facto partner’s maintenance.
With regards to domestic violence, ‘Family Law’ protects a person and a child against violence, abuse, and neglect. Moreover, guidance from the best civil litigation lawyer in Perth can be required to effectively manage broader legal challenges.