Ahern Sierakowski

What does the Legislation Update mean for Superannuation Splits?

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. Key Changes in Legislation Previously,…

What Do You Need to Know About Custody Battles?

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. Types of Custody Legal Custody: Involves decision-making authority regarding important aspects of a…

Is My Inheritance Part of the Asset Pool In Divorce?

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. Legal Principles Governing Inheritance In many jurisdictions, including Australia, inheritance is generally treated…

Will I have to pay Spousal Maintenance?

Will I have to pay Spousal Maintenance? As with most things in family law, the answer is … it depends Spousal maintenance in Western Australia is governed by Section 72 of the Family Law Act 1975 (section 205ZC of the Family Court Act 1997 for De facto couples). The Key factors that are taken into…

My Ex Has a New Partner – Are Their Assets Included in Divorce Settlements?

My Ex Has a New Partner – Are Their Assets Included in Divorce Settlements? Discovering that your ex-spouse has a new partner can raise questions about how their assets might impact divorce settlements. Understanding the legal implications of a new relationship on financial matters is essential for anyone navigating divorce or separation. Legal Principles on…

Is A Loan From Mum and Dad Repayable During Divorce?

Mum and Dad Lent Us Money – Is the Loan Repayable During Divorce? When family members, such as parents, lend money to a married couple or individuals in a de facto relationship, the question of repayment during divorce or separation can complicate an already stressful situation. Understanding the legal implications of family loans in divorce…

How Can I Protect My Assets?

Protecting your assets is a vital consideration, especially during life events such as marriage, cohabitation, or business ventures. Whether you’re planning for the future or navigating potential risks, implementing strategies to safeguard your financial well-being is essential. Here are key steps to consider: Pre-nuptial and Post-nuptial Agreements Pre-nuptial agreements (entered into before marriage) and post-nuptial…

What is a Binding Child Support Agreement?

A Binding Child Support Agreement (BCSA) is a legal arrangement between parents or caregivers that outlines financial support for children following separation or divorce. This agreement provides certainty and clarity regarding child support obligations, offering benefits for both parties involved. Key Features of a Binding Child Support Agreement Legally Binding: A BCSA is a formal…

Want to Avoid Prolonged Court Proceedings? Streamlining Consent Orders for Family Matters

Consent Orders When parties in a marriage or de facto relationship reach an agreement concerning children or property settlement, filing an Application for Consent Orders offers a streamlined path for approval by the Family Court. This avoids the need for prolonged court proceedings. At Ahern Sierakowski, we provide comprehensive assistance throughout this process. From negotiation…