CMS Legal - Family Lawyers

phone

Talk to one of our team
08 9207 1866

Ask a question here

Blog

Samantha Padfield Joins the CMS Legal Team

Samantha Padfield Joins the CMS Legal Team

It is with great pleasure that we announce the most recent appointment of Ms Samantha Padfield Read More

Investing in the Future

Investing in the Future

Over the last few months CMS Legal Family Lawyers has had the privilege of hosting College Read More

Keep Beauty Real Campaign

Keep Beauty Real Campaign

When our solicitor Marilyn Krawitz is not attending to clients at CMS Legal Family Lawyers, Read More

Confidentiality in the Family Court of WA

Confidentiality in the Family Court of WA

It's common knowledge that the media cannot publish the names of the parties in Family Court Read More

Court Grants Widow Right to Use Dead Husband's Sperm

Court Grants Widow Right to Use Dead Husband's Sperm

For most new parents, having a child is one of the most special times of their lives. However, Read More

Conquering our Goals

The saying goes, 'Every journey begins with a step'. 

Well there's no doubt our Principal Craig Scott loves a challenge.  This photo captures the final moments of completing the 12km HBF Run for a Reason recently. In Craig's word's the tag to this photo should read 'nearly dead at this stage' and I can understand why.

It's times like this where pain levels are high and everything seems against us, that we need to look to the final finish line. Where we realise that by enduring hardwork, commitment and pain there often comes times of great elation and/or a payoff.

Your payoff might be personal achievement, opportunity for your family and children, monetary rewards, promotion, the fulfillment of achieving something with a group or just being able to give back to someone.

Whatever it is, reminding ourselves of our goals is important.  Taking regular times to write down and re-evaluate goals goes a long way towards keeping us on track and on task. It also allows us to celebrate significant milestones along the way and to take time to smell the roses.

So now the run is over Craig is looking towards his next challenge. The Western Mud Rush is on in August and he's all signed up.

What are your goals?
Is it time for a review?
Are you living a balanced life Mentally/Physically/Socially/Spiritually?
Is it time to dream bigger?

 

 

 

Botched Pre-Nup? Uncertainty in the world of money and financial agreements continue…

Uncertainty in the world of money and financial agreements continue to draw scrutiny in this latest family law matter. 

Former Australian Olympian and swimmer, Grant Hackett, is suing yet another law firm for, what he alleges, was dodgy drafting of his pre-nuptial agreement (called Binding Financial Agreements in Australia) to former wife Candice Alley coupled with inadequate legal advice.

You can read more about this current real-life case here:
http://www.smh.com.au/national/you-say-i-do-then-i-dont-then-you-sue-20130223-2ey5z.html

The legal requirements and obligations surrounding Binding Financial Agreements are technical and confusing for both the parties entering into them and the legal professionals drafting them and therefore is risky business for all concerned. Until new case law is handed down in the Courts providing certainty as to the enforceability of Binding Financial Agreements, CMS Legal Lawyers have no choice but to not recommend them to our clients.

You can read more on real-life case situations involving Binding Financial Agreements in the Sydney Morning Herald article, 'Pole Dancer Appeal May End Prenups'.

Our Blog Article by Tanya Haroutiun, 'Binding Financial Agreements - A False Sense of Security' goes into further detail on the complexities of this family law matter.

Photo: Paul Rovere - Grant Hackett and his ex, Candice Alley 

Help Us Reach Our Goal

The HBF Run for a Reason is just over a week away.  Craig Scott, our Principal, is training feverishly, or so he tells us in preparation.

Time will tell whether the hard work has been put in as participants this year trace a new route through the Polly Farmer Freeway Tunnel.

Craig has chosen to support the vital work of the Cancer Council of WA this year. 

You can partner with him by contributing to the CMS Legal Fundraising page. Get on board and help us raise as much money as we can in the fight against Cancer.

Click here to see our goal and to find out how you can contribute.

Widened Definition of Family Violence

The definition of domestic violence in the Family Law Act 1975 has been expanded to set out what behaviour is unacceptable, including physical and emotional abuse.

The amended definition also addresses the exposure of the children to family violence.  As well as physical abuse, the new definition will include threats and other behaviour which causes fear.

Some examples of behaviour that may depict family violence include stalking, emotional manipulation, repeated derogatory taunts and causing the child to suffer serious psychological harm when the child is subjected to, or exposed to an assault of a family member by another member of the child's family.

To read more about what is family violence, please follow this link.
For more information from CMS Legal relating to Child Custody.

Introducing our NEW 'Client Information Folder'

At CMS Legal our desire is to help our clients walk through their family law matter with confidence. 

With this in mind, our team has developed the CMS Legal ‘Client Information Folder’.  This folder is personally designed around our clients’ needs and includes a step by step plan to guide them through their family law matter.  At the time of an initial consultation, our solicitors will tailor make a folder to include information on topics such as DivorceProperty IssuesChild SupportParenting IssuesDe Facto & Same Sex RelationshipsWillsEPA’s and Probate.

Our hope is that this folder will give clients greater clarity and peace of mind, and be another benefit of using the services of CMS Legal.