OUR SERVICES

Marshall Family Law primarily practises in the following areas of law:

 

FAMILY LAW - PROPERTY

NEGOTIATED PROPERTY SETTLEMENTS

Many separated couples require some assistance to reach a property settlement. This can be achieved through negotiations in writing between our firm and the other party or their solicitor, if they are being represented by one. Alternatively, with the assistance of their respective lawyers, parties can participate in Financial Mediation utilising the skills and experience of a Family Law Barrister to mediate a property settlement. Once agreement is reached that agreement is then formalised through an Application for Consent Orders.

CONSENT ORDERS

Many couples are able to reach an agreement in relation to their financial matters following their separation. If agreement is reached, we can assist with formalising that agreement by drafting the necessary documents for filing in the Family Court.

BINDING FINANCIAL AGREEMENTS

Binding Financial Agreements can be used in place of Consent Orders to formalise a property settlement reached by a separated couple or to provide a way for couples to protect their assets before getting married or entering into a de facto relationship.

COURT PROCEEDINGS - PROPERTY

Whilst at Marshall Family Law we try to work towards a negotiated property settlement, in some matters it becomes necessary for our clients to commence an application in the Family Court seeking orders for a financial settlement or, alternatively, respond to an application filed in the Court by the other party. We take a practical and realistic approach to proceedings in Court and will provide valuable and effective representation.

FAMILY COURT OF WESTERN AUSTRALIA

The Family Court of Western Australia is based in Perth. However, on three occasions each year the Family Court sits in Albany to hear matters in which Albany is the nearest Court for the parties. This means that it is possible to have Family Court matters dealt with in Albany.

 

FAMILY LAW - CHILDREN

NEGOTIATING PARENTING DISPUTES

After separation some couples find it difficult to agree on issues relating to their children, whether that be where the children live, with whom they spend time and how often, or in the case of one parent who wants to relocate with the children. These can often be resolved through negotiations between our firm and the other parent or by independent mediation following some initial legal advice.

COURT PROCEEDINGS - CHILDREN'S ISSUES

As it is not always possible to agree with the other party in relation matters involving children, in some cases it is necessary to commence proceedings or respond to an application in the Family Court made by the other party. If we do represent a party in the Family Court they can be assured that we will provide practical and reliable advice and representation.

FAMILY COURT OF WESTERN AUSTRALIA

The Family Court of Western Australia is based in Perth. However on three occasions each year the Family Court sits in Albany to hear matters in which Albany is the nearest Court for the parties. This means that it is possible to have Family Court matters dealt with in Albany.

 

DIVORCE

DIVORCE

Once couples have been separated for a year either party can apply to the Family Court for a Divorce. The Application can be made by one party alone or jointly. We offer a reasonable fixed fee for preparation of a Divorce Application, whether it be a joint or sole application, and for attendance at Court, if necessary.

 

WILLS AND DECEASED ESTATES

WILLS

Dying with a valid Will that reflects a person's wishes regarding their estate is very important for both their peace of mind and for those members of the family and friends who may benefit from, or have an interest in, the estate after their death.

Whilst an existing Will remains valid following your separation, many people consider it timely to make a new Will to take into account their changed circumstances.

In Western Australia a Will becomes invalid once a person marries or, since recent legislative change, once a divorce is granted.

We offer very competitive fixed fees for simple Wills and more complex Wills with a discounted price for two Wills that are substantially the same. Please contact us for further information.

ENDURING POWERS OF ATTORNEY AND GUARDIANSHIP

Enduring Powers of Attorney allow the appointment of a trusted person or people to make financial decisions on a person's behalf should the need arise. Similarly with an Enduring Power of Guardianship, a trusted person can be appointed to act in someone's best interests to make personal, lifestyle and treatment decisions in the event that they are unable to make such decisions themselves.

PROBATE AND LETTERS OF ADMINISTRATION

In some cases following a person's death, the Executor of the Will or a family member or friend, in a case where there is no Will, may have to apply to the Supreme Court for an Order allowing that person to administer the Estate of the deceased. We offer a supportive, prompt and efficient service in preparing an application for Probate or Letters of Administration on behalf of the Executor/s at a fixed fee.