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Butlers News

All data and information provided on this site is for informational purposes only. The Butlers Blog makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

Family Court cutoff date's for children's issues over Christmas...

The Christmas holidays are usually a wonderful time of the year where families all get together and celebrate. However, for some separated families with children, these holidays bring about a period of sadness, stress and bitterness that can be managed with proper prior planning.

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications. This year, The Family Court is only accepting these applications until 13 November 2020. After this time, it is likely that you may not get a hearing until after Christmas or even early 2021.

In today’s blog, we will suggest some ways to organise parenting arrangements over the Christmas period with a 5-step plan. Hopefully, this will enable children to be able to spend quality time with both parents.

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  241 Hits
241 Hits

Child Protection and Avenues for Intervention

The world we live in is fragile and subject to unforeseen and unfortunate events. It is a reoccurring nightmare of mine to think about what might happen if, for whatever reason, my daughter was no longer safe or no longer had appropriate care. This nightmare extends to include all children in my life, including my nieces and nephews, my friends’ children, and even one day, my grandchildren.

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  328 Hits
328 Hits

Family Law- Myth vs Fact

The Mother Always Gets The Children

First and foremost, parents do not have “rights” in relation to their children.  Parents have responsibilities.  The law presumes that parents have equal shared parental responsibility for their children and that is the starting point for resolving parenting matters.

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343 Hits

Co-parenting through Conflict

Separation from a spouse or partner is one of the most stressful situations a person can go through. When you have children, you have the added pressure of functioning as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.

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404 Hits

Do I Really Need Family Court Orders?

Separating from a partner can be daunting and often people do not know the necessary steps to take when they are trying to navigate the separation of assets, and making arrangements for their children.

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664 Hits

Miley & Liam - Financial Agreement

One year on from their wedding and Miley and Liam’s divorce is already considered old news, with the dust having settled following their separation in 2019. Despite their relationship lasting 10 years (not counting those hiccup “off” periods), the internet remained fairly silent about any division of their assets.

With their legal separation so widely reported upon, and their combined net worth being estimated at about $186 million dollars (Liam’s being about $26 million and Miley’s about $160 million), you would be forgiven for wondering why the juicy details about the separation of their assets has remained largely out of the tabloids. Not only are they both worth a significant amount, their assets could be spread across numerous countries. They also shared 9 dogs, 3 cats and a pig!

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1061 Hits

The Christmas time struggle…

Christmas is meant to be a time for festive cheer, mulled wine (although perhaps not in 40 degrees!), celebrations and good old fashioned family time. However, for many separated parents, Christmas is a time for arguments, when they find themselves fighting over who gets the children on Christmas Eve, or Christmas morning, or both!

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications (usually mid-November), and unfortunately, that date has now passed.

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1260 Hits

The cost of getting divorced

If you have been separated from your spouse for over 12 months, you may be considering whether or not to apply for a Divorce. There are a number of factors you need to consider before applying for a Divorce, but one thing people usually do not consider is the actual cost to file a Divorce Application.

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831 Hits

Family Money- Can I Protect It?

Bank of Mum and Dad

In today’s economy, it is has become increasingly common for parents to financially help their children, especially when it comes to buying their first home.

Parents may loan the money, gift the money, or act as guarantor. While most parents want to help their children as much as possible, this can raise a variety of issues.

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1534 Hits

We're separated, I can apply for Divorce at any time, right? - Common Misconceptions Part 2

Unlike Kim Kardashian, in Australia, you cannot marry someone on one day, only to decide that was the wrong decision and file for divorce 72 days later.

Instead, the law recognises the fragility and “ups and downs” of relationships, requiring that the marriage has broken down irretrievably. Contrary to popular belief, it is not relevant why the relationship broke down, just that it has. This means that the Court does not consider factors such as infidelity.

To show that the marriage has broken down irretrievably, it must be shown that the parties have lived separately and apart for at least 12 months before being able to apply for a divorce. If one person moves out but moves back in, to give the marriage another shot, for example, this is taken into account when determining the required 12 months of separation. If the couple lives together on one occasion for less than three months, or any other not substantial period of time, that time is not calculated in determining the 12 months period.

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1968 Hits

Defacto relationships - Common Misconceptions Part 1

One question that lawyers often find unmarried people ask outside of work is “if we broke up, would he/she be able to make a claim on my assets?”

This answer to this question comes down to whether or not you are in a de facto relationship. Unfortunately, that is not always as cut and dry as it may seem and the topic carries with it a lot of misconceptions. The main one being that there is no set timeframe from which you can definitely say that you are in a de facto relationship. Rather, the legislation simply indicates that you are in a de facto relationship if you are not married, and you live together in a marriage-like relationship. Understandably, what one person considers to be “marriage-like” may be vastly different to what another considers that to be.

So at what point are you in a de facto relationship? Have you been unwittingly in one without even knowing it?

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1418 Hits

The deadline for applying for Children's living arrangements over Xmas is fast approaching!

For almost every family, Christmas is a happy but stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is an expected part of the end of the year.

When mum and dad are no longer together the co-ordination and logistics become even more challenging. And that’s when they are getting along!

When parents are embroiled in a Family Court dispute, how children spend their Christmas, New Year’s Eve and the lengthy summer school holidays often become issues which cannot be resolved by discussion alone.

Because so many estranged couples seek the assistance of the Court to determine how their children will celebrate the holidays and spend their school break, the Court has strict rules regarding such applications. This year, all applications seeking orders regarding children’s living arrangements for the 2018/2019 Christmas school holiday period must be filed before 4pm on Friday 9 November 2018.

However, with the current backlog at the Family Court, it is recommended that you file your application well in advance of any proposed holiday or additional time with the children. Once your application is filed, it may be 6 weeks (or more) before a Court Hearing is listed. Accordingly, any urgent applications should specifically state the urgency in a detailed, yet concise, covering letter. 

The Family Law Team at Butlers are experienced in preparing and filing such applications and are ready to help. Don’t leave it too late, contact us now!

 

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1834 Hits

R U OK?

As a firm specialising in family law and wills and estate matters, we see the impact that separation, death and family disputes have on people of all walks of life, every day. There is a known link between serious life events such as these, having a substantial impact on personal wellbeing, often for prolonged periods of time.

These issues permeate our society and today, we would like to remind our clients and our wider network that it is okay to talk, and there are always avenues and people who are willing and able to help you.

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2336 Hits

Family Violence Restraining Orders - what might happen and how do I deal with it - Part 1

The Scenarios….what might happen and how do I deal with it?

There is an overlap with Family Law and Criminal Law in the form of Family Violence Restraining Orders (“FVRO”). At Butlers, we are able to assist you with obtaining an FVRO or can represent you, if you are the person receiving the FVRO. Over the next four blogs we outline some of the common scenarios faced by people who obtain or receive an FVRO.

Part 1 - Criminal Law and Family Law Intersection

The neighbour next door is divorcing his wife.

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2488 Hits

Family Violence Restraining Orders and Children's Issues - Part 2

Part 2 - Restraining Orders and Children’s Issues

So, you can no longer see your children, because you are subject to a Family Violence Restraining Order (“FVRO”) that extends to, and protects, your children.  What are your options?

There is an exception allowing you to live with, spend time with, or communicate with your children, as long as there are Family Court Orders in place, allowing you to do this.

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2183 Hits

Privacy and my Lawyer.... how far does that go?

It's true that any communication between you and your lawyer is confidential.  It cannot be divulged, discussed or provided to other people or the Courts. This concept is known as Legal Professional Privilege or for the sake of this blog, LPP.  It's the backbone of the honest relationship a lawyer and their client must have at all times.  But did you know LPP can be waived or lost? Did you know that your former-wife, husband or partner may be able to access the entirety of your Family Law file once you die? Here’s how and, more importantly, how to prevent it.

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2130 Hits

MARRIED AT FIRST SIGHT - WHAT COULD GO WRONG?!

Married at First Sight – what could go wrong?!

Married At First Sight – the series we all love to hate and hate to love. With many people sick of choosing the wrong person for themselves time and time again, often via their online dating accounts, you can forgive some for thinking that, just maybe, these modern-day arranged marriages are the way of the future. And who can blame them with unlikely love birds like Telv and Sarah flaunting their love on national television?!

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2789 Hits

Financial Agreements – what’s the position now

The long awaited decision in Thorne & Kennedy has today been delivered by the High Court.

Background

The case concerned Ms Thorne an Eastern European woman living in the Middle East who, at 36 met Mr Kennedy, 67, online. Mr Kennedy was estimated to have personal wealth of between $18 million and $24 million.

They embarked on a relationship, with Ms Thorne moving to Australia to marry Mr Kennedy having been told that she would “have to sign paper”. Ms Thorne bought no assets with her.

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4325 Hits

Deadline looming - Orders regarding children’s living arrangements for Christmas!

Deadline - Did you know that the Family Court have a deadline for Orders regarding children’s living arrangements for Christmas?

For most every family, Christmas is a happy but also stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is a part and parcel of the end of the year.

When mum and dad are no longer together the co-ordination and logistics are even more challenging. And that’s when they are getting along.

Continue reading
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  3852 Hits
3852 Hits

Butlers awarded Doyle's Guide 2016

Doyle’s Guide is considered a prestigious recognition in the Legal Industry as an independent guide to the legal profession in Australia that awards the best lawyers, barristers and law firms in the industry.  Within each area of law, and for each State, rankings are allocated, identifying pre-eminent, leading and recommended practitioners.  Further, the guide recognises law firms specialising in specific areas of law.  What makes the guide special is the process by which these rankings are decided.   Feedback is gained by counsel and peers practising in Australia, who identify firms and individuals through surveys, telephone and face to face interviews.

Butlers are proud to be recognised in Doyle's Guide for Leading Family & Divorce Law Firms – Western Australia, 2016 and John Butler, personally in Leading Family & Divorce Lawyers – Western Australia, 2016. 

We look forward to continuing to offer our Clients exceptional service in all areas of Family Law and Wills & Estate Planning in Western Australia.

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4235 Hits

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