FMD Legal | Divorce & Family Lawyers Perth

FMD Legal. Experienced in all aspects of family and relationship law.

Professional Family Lawyers & Divorce Specialists in Perth

The directors at FMD Legal, Samuel Fahey, Kondwani (Kay) Mwenda and Nicolas D’Adamo, each have more than a decade of experience specialising in divorce and family law.

Sam and Nic were previously principals at long established Perth family law firm Paterson & Dowding. Kay was a partner at another well-known Perth family law firm, O’Sullivan Davies.

In mid-2018 Sam, Nic and Kay decided to establish FMD Legal. Their goal was to set up a boutique specialist family law practice with the aim of providing clients with a ‘solutions focussed’ service that is second to none, at a cost that is reasonable and proportionate to their needs.

FMD Legal is located on Level 16, 251 Adelaide Terrace, Perth. Approximately 50 meters from the Family Court of Western Australia and the Federal Court of Australia.

Our Vision

Our vision is to see all clients successfully resolve their family law issues in the fastest and most cost effective manner possible. We believe with the right assistance, the vast majority of family law cases can be resolved by agreement. With this in mind, we approach all matters with a clear and unwavering focus on finding practical, and if possible, ‘win-win’ solutions to help clients resolve their dispute. This approach aims to resolve matters early, but if a settlement cannot be reached, it at least identifies as early as possible those matters which will unfortunately require litigation.

In cases where there is no alternative to litigation, we pride ourselves on taking a meticulous approach to ensure the best possible outcome is achieved for our clients. We have close relationships with some of Perth’s most respected barristers, and all three directors themselves have experience in trial advocacy.

“Our promise to clients is a simple one – we promise to focus on delivering results and value for money that is second to none.”

Services

The information contained in this page, and throughout this website, is general in nature. It is current at 30 June 2019 but may have been subject to change since that time. It is not intended to be, and should not be construed as, legal advice. It is designed to assist our clients, or potential clients, to gain a general understanding of the family law system and the concepts which might arise. Every case is different and there may be factors which affect the outcome or advice in your particular case. We recommend that you contact us before taking any steps regarding the issues raised in this website.

Divorce / Separation

What does ‘separation’ actually mean?
Legal separation requires “action, intention and communication”. In most cases this will be obvious, for example, one party tells the other it is over, and moves out. In other cases, such as ‘on again, off again’ type relationships, or relationships where parties ‘drift apart’, it can be less clear.

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De Facto Relationships

What is a de facto relationship?
In Western Australia, a de facto relationship is when two people (regardless of whether they are heterosexual or same sex) live together in a marriage like relationship.

When deciding whether a relationship is “marriage like”, the Court looks at a number of indicators including the length of the relationship, degree of mutual commitment to a shared life, public perception, sharing of finances etc

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Forward Planning / Prenuptial Agreements

What is a pre-nuptial agreement?

Strictly speaking, a pre-nuptial agreement is a binding financial agreement entered into between parties before they are married, which deals with the way in which their finances are to be divided if and when the marriage comes to an end. In Australia though, pre-nuptial agreements can also be used by parties before entering into a de facto relationship.

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Property Settlement

What is property settlement?

Property settlement if the process whereby married or de facto couples divide their assets, either by agreement or by Court Order.

Do I need to have a property settlement?

If there is no property settlement, the financial relationship between parties to a marriage or de facto relationship is not ‘severed’ or brought to an end. This means either party could make a claim…..

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Parenting Issues

Family Dispute Resolution

Except in cases of urgency, a parent cannot apply to the Family Court for parenting orders unless they have attended family dispute resolution (“FDR”).

FDR is a mediation like process where parents work with a family dispute resolution practitioner (“an FDRP”) to attempt to resolve their parenting dispute. FDRPs are mediators specifically trained to deal with parenting issues, and to identify cases which might not be appropriate for FDR, such as where there may have been domestic violence or abuse.

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Child Support / Child Maintenance

Periodic Child Support

Periodic child support is managed by the child support agency. An eligible carer or payer can seek a child support assessment at any time after parties’ separate.

How do I seek a child support assessment?

To seek a child support assessment, you should contact the Department of Humans Services here or on 131 272.

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Spousal Maintenance

What is the difference between child support and spousal maintenance?

The key difference between child support and spousal maintenance is that child support is paid for the benefit of the child or children of the relationship. Maintenance is paid for the support of the other party to the relationship.

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Documenting a settlement or agreement.

Documenting a parenting agreement

Parenting agreements can be formally documents in two broad ways.

The first is in a parenting plan. This is essentially a written agreement between the parties, which is signed and dated. It is not enforceable by the Court, but is something the Court will take into account if there is a subsequent break down in the agreement.

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