Kavanagh family lawyers have three highly experienced Family Law Solicitors in Perth. Their focus is on providing meaningful solutions for clients in all aspects of family law.
Our Family Law Solicitors undertake complex and intricate family law litigation in Western Australia, as well as effectively acting for clients whose legal issues are reasonably uncomplicated and who wish to resolve the matters quickly and cost effectively.
Family Law Solicitors – Expertise
All areas of family law including:
- Restraining order matters
- Child protection matters
- De Facto Relationships
- Same Sex Relationships
- Child Support & Custody
- Binding Financial Agreements
- Spousal Maintenance
- Property Settlements
- Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to one of our solicitors.
There are 3 types of restraining orders that can be granted in Western Australia. The most well known of these is the Violence Restraining Order or VRO. This is designed to stop any future threats, property damage, violence, intimidation and emotional abuse. Violence retraining orders can be served against people in a family or domestic relationship, and against people not in a family or domestic relationship.
A misconduct restraining order (MRO) is the second type of restraining order. It an order of the court designed to stop someone behaving in a way that can be offensive or intimidating towards another. It can also prevent someone from causing damage to a person’s property or acting in a way that may lead to breeching of the peace.
The third type of restraining order is a Police Order. Police can make an on the spot restraining order in situations of family and domestic violence. A police order may be made for up to 72 hours.
Kavanagh Family Lawyers can help with all types of restraining orders
Whether you need to apply for the restraining order and are seeking to be protected, have orders made against you, or are charged with a breach, Kavanagh Family Lawyers can help.
Call Kavanagh Lawyers on (08) 6557 5888.
Need a Perth family lawyer? – Choose Kavanagh Family Lawyers Perth
When requiring a Perth Family Lawyer, Kavanagh Family Lawyers offer a wealth of experience in all aspects of Family Law. From Divorce and De Facto Relationships, including Same Sex Relationships, and the resulting Child Support and Custody, Spousal Maintenance and Property Settlement.
Kavanagh Family Lawyers can draw up Binding Financial Agreements (BFAs) (known in some other countries as a ‘pre-nuptial agreement’) as well as Violence Restraining Orders and Misconduct restraining orders.
For a full list of services, visit our Legal Services page.
Kavanagh Family Lawyers practise exclusively in the area of Family Law and are well assisted by skilled and committed paralegal, secretarial and administrative staff. We undertake many complex and intricate family law litigation in Perth, and as well as effectively acting for clients whose legal issues are reasonably uncomplicated and who wish to resolve the matters quickly and cost effectively. Give us a call on (08) 6557 5888 to speak to a Perth family lawyer.
Stay in touch with all the latest news on family law in Perth with Kavanagh Family Lawyer’s News Section. Included are topics such as Child Relocation Orders and Breaching Family Court Orders as well as discussions on the Importance of Making a Will and the nature of Pre-nuptial Agreements (known as Binding Financial Agreements in Western Australia).
Kavanagh Family Lawyers also have a Publications section where papers and documents on the various aspects of Family Law can be found. The majority of these have been previously presented at Law conferences throughout the country and internationally by Kavanagh’s lawyers. In particular, publications on Violence Restraining Orders (VRO’s) which utilise the knowledge and expertise in this area from Kavanagh Family Lawyers.
Making a Will – the importance of seeking legal advice when drafting important documents
When making a Will, Kavanagh Family Lawyers remind clients of the importance of seeking legal advice when drafting important documents such as a Will.
There are significant legal requirements that need adhering to in order for the Courts to deem a Will a legal document. In most cases, a will must be in writing and witnessed by two people in order for it to be valid. Secondly you have to satisfy the court that those documents set out the testamentary wishes of how that person intended their assets to be dealt with upon their death. Thirdly you need to satisfy the court that the person actually intended that document to be their last Will.
How Kavanagh Family Lawyers can help
Kavanagh Family Lawyers have vast experience in drafting Wills. Our Wills lawyers explain how Wills should be made, address any issues that could arise from your wishes and ensure you have a correctly prepared Will tailored to suit your requirements.
- Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our Wills lawyers.
The Australian Bureau of Statistics released the latest data for Separation and Divorce last week. These 2012 figures show that in Western Australia, 5073 divorces were granted. A slight increase on the previous years figure of 5020.
2218 of these applications were joint, while 1541 were female and the remaining 1314 were male.
Other divorce statistics highlighted included the average divorce age, which for males was 45.7 years, and for females it was 42.8 years of age.
The average length of a marriage before Separation and Divorce
In 2012, the average length of a marriage before separation was 8.9 years, and to divorce was 12.6 years.
Divorces involving children
The number of children affected by divorce in Western Australia has decreased from 54.2 in 2011 to 52.8% in 2012.
You can view all the statistics on Separation and Divorce here.
Kavanagh Family Lawyers – Legal Services
Offering legal services exclusively in the area of Family Law, our Perth Family Lawyers can provide the following specific services:
- Divorce: Divorce involves the cancelling of legal responsibilities and duties of the marriage as well as dissolving of the ties of matrimony between a married couple.
- De Facto Relationships: Kavanagh Family Lawyers assist in the event of a breakdown of a de facto relationship. We also provide advice on steps that can be taken before or during a de facto relationship which may prevent future disputes in the event the relationship breaks down.
- Same Sex Relationships: Kavanagh Family Lawyers are fortunate to have many same sex clients. Our Perth Family Lawyers are highly experienced in dealing with the various challenges that same-sex couples face with regard to family law, and legal recognition of their relationships.
- Child Support and Custody: Our Perth Family Lawyers can provide prompt and professional legal advice on child support and custody, to help separated or divorced parents reach agreements quickly and protect the best interests of the children.
- Binding Financial Agreements (BFAs): A Binding Financial Agreement (known in some other countries as a ‘pre-nuptial agreement’) can deal with how your property would be settled upon the breakdown of the marriage or de facto relationship, and how one or both parties are to be maintained during and/or after that breakdown. Binding Financial Agreements can protect finances and property.
- Spousal Maintenance: After a marriage or de facto relationship has broken down, Spousal Maintenance is the financial support that one party to a marriage or de facto relationship may be required to continue to provide to the other party.
- Violence Restraining Orders: A violence restraining order (VRO) is an order of the court designed to stop threats, property damage, violence, intimidating behaviour and emotional abuse. It tells the offender to stay away and/or to stop behaving in certain ways towards the person.
- Misconduct restraining orders: A misconduct restraining order (MRO) is an order of the court designed to stop someone behaving in a way that can be offensive or intimidating towards another. It can also prevent someone from causing damage to a person’s property or acting in a way that may lead to breeching of the peace.
- Property Settlement and Conveyancing: When a breakdown of a marriage or de facto relationship occurs, the division of property and other assets becomes critically important to the financial future of both parties. Our Perth Family Lawyers know how important it is to obtain legal advice before trying to negotiate any property settlement with your spouse or partner.
- Enduring Power of Attorney: An enduring power of attorney is a legal document created to allow a person to appoint another who will make financial and/or property decisions on their behalf.
- Wills & Inheritance: As a Will is the document which sets out a person’s wishes for his or her property to be disposed of in a particular way upon death, it is important for it to be valid. A will has to meet certain formal requirements which are prescribed by the Wills Act.
Our team of Perth family lawyers can provide meaningful solutions for clients in all aspects of the family law services mentioned above.
- If we may be of assistance, call Kavanagh Lawyers on (08) 6557 5888.
The West Australian newspaper has published an article on a Child Relocation Judgement made last week which allowed two WA children to move to Britain with their mother who was homesick. This was against their Perth-based father’s wishes, as Justice John Walters found it was “more likely” to be in the Chidren’s best interests. You can read the full article online here.
Kavanagh Lawyers Can Help with Child Relocation Orders
The team at Kavanagh Lawyers understand that many people, quite reasonably, are reluctant to engage in the legal process, particularly when they feel they have successfully reached agreement. The legal process can be very expensive in both financial and emotional terms so it’s important to be cautious in your approach. However, in considering whether you need to do anything else you may wish to consider the following:
- Is your agreement verbal or in writing?
- Is your agreement binding in law?
- Will communication between you and your former partner always be as good as it is now?
- What happens if you or your former partner marries or has a child with someone else?
- If your former partner breaches the agreement, what happens?
- Will you be able to agree on future schools, medical treatment and holidays (Christmas, School holidays) interstate and overseas travel?
The good news is that at relatively low cost (particularly relative to the cost of litigation) and quite quickly, Kavangh Lawyers can formalise Consent Orders and Parenting Plans between you and your former partner so they are binding and enforceable by law. Your Consent Orders can even be filed and pronounced final at the Family Court without you ever having to attend the Court.
Read more about what Kavanagh Family Lawyers Child Support and Custody here.
The importance of having a professionally drawn up Will
A professionally drawn up and well considered Will can avoid confusion, uncertainty, disappointment and possible legal difficulties.
If you die without making a Will, all your assets will be distributed in accordance to the law, which in most cases means your estate is left to your legal next of kin. Therefore the people you most want to benefit from your estate probably won’t get anything. As well as this, it may take longer and cost more to administer your Estate when there is no Will.
More specific reasons for having a Will might be:
- Marriage – marriage can automatically cancel all previous Wills. In order to continue to provide for beneficiaries or make arrangements to cater for these new circumstances, you will need a new Will.
- Recent Divorce
- Being in a De-facto relationship – your de facto partner may not automatically be entitled to your estate.
- Security for your children’s future – nominate guardians for them in your Will and make arrangements for their care.
- Prompt distribution of the estate – A Will that is professionally drawn up and executed will greatly assist the administration and early distribution of assets to beneficiaries.
- To appoint an executor – When making a Will, an executor is chosen to be responsible for looking after the estate and distributing your assets as per the instructions outlined in your Will.
Kavanagh Family Lawyers are highly experienced in drafting Wills. Our Wills lawyer can explain how Wills should be made, address any issues that may arise from your wishes and ensure you have a correctly prepared Will tailored to suit your requirements. We can also aid Executors with certain parts of their role such as obtaining the Grant of Probate.
- Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our Wills lawyers.
An article appearing in the West Australian newspaper and on its website talks about an incident relating to child custody.
A mother involved in a custody battle has been jailed for a year by the Perth District Court after she tried to falsify results of a hair drug test that was required to be submitted to the Family Court. She was concerned that the test would detract from her ability to retain her son’s custody.
You can read the article in full here.
Kavanagh Family Lawyers Can Help with Child Custody and Support
Kavanagh Family Lawyers aim to provide you with prompt and professional initial advice about your rights and obligations as a parent. Our Lawyers take professional obligation to “tell it like it is” and to be frank and honest very seriously. We will make sure you know where you stand and, if necessary, present your case at Court to the best of our ability.
What do family lawyers do
Kavanagh Family Lawyers Perth based handle family-related issues as well as domestic relations. Many family law practices focus on representing divorce clients or issues that are related to divorce such as child support and child custody, martial property, and alimony. Family lawyers Perth based can also draft prenuptial agreements, postnuptial agreements, and litigate any matters related to the two.
Some Family lawyers based can represent victims of domestic violence or defend clients who are accused of domestic violence. Family lawyers also handle areas such as juvenile delinquency, child abuse, adoptions, guardianship, and child neglect. There are often different courts designated to handle custody, child support, divorce, alimony, etc… all of these issues must be contested before judges.
While some family lawyers specialize in areas such as adoption law, many have expertise throughout a handful of practice areas, with a wide range of skills, including the ability to negotiate and draft contracts, pleadings, legal documents, litigate in court, attempt to dissolve any disputes, and council their clients on available options. Family lawyers must also have interpersonal skills and manage emotionally volatile situations that may arise.
Why use a family lawyer
Kavanagh Family Lawyers Perth should be considered if you are engaged in or nearly to be engaged in any family matters such as a divorce, or fight for child custody, adoption, etc… By working with a professional, you can ensure that all of your legal matters are handled swiftly and correctly. You can learn better what options you have before you based on your current situation, and make informed choices with a legal professional to support you.
The importance of using specialist lawyers
If you dealing with a particular specialty such as domestic violence or adoption, you will want a specialty Family lawyers Perth based to assist. For example: if you need to file a restraining order but are unsure of which order to file or which court to file with, you can hire a specialist lawyer to help you. They can better define for you what options you have and what conditions you can file for. There are different conditions which can be imposed with such a restraining order. The person may be bound from being in or near your home, your place of work, or another specific place. They may be restricted from coming within a particular distance from you, or from trying to contact you in any way. The manner in which they make arrangements with your children may be strictly limited. They may be prohibited from owning guns or ammunition.
If you are interested in adoption, you should also consider hiring Kavanagh Family Lawyers Perth, as adoption is a unique and complicated aspect of family law too. You can work with a lawyer to ensure that the correct paperwork is filed based on where you are adopting. You can expedite the legal process by ensuring all documents are handled correctly the first time.