Tag Search - 'Gold Coast Solicitor'
Sat, 8 Jul 17
Where there has been a relationship breakdown and there is real property involved (for example the matrimonial home or an investment property), then depending on how the property is held by the parties, a caveat may need to be lodged over the property to protect your rights and interests in it before your ex has a chance to sell or further encumber the property without your knowledge. If you are not listed on the title to the property as a registered owner, then there is a risk that the registered owner can sell the property or encumber the property (by way of loan/mortgage) without your consent.
Thu, 1 Jun 17
Affinity Lawyers first discussed the Western Australian case of Lemon v Mead back in April 2015, (you can read the article here). In essence, the case deals with the estate of a wealthy mining magnate who left two of his surviving children approximately $400 million each in his will, while the remaining surviving child (a daughter named Olivia, born as a result of a subsequent relationship) was to receive only $3 million. Further, she would only receive this if she complied with very specific and restrictive requests stipulated by her father throughout the document.
Wed, 26 Apr 17
A recent landmark case heard before the bench of the High Court (and attracting the medias attention), has confirmed that it is in the best interests of two children (in this case two boys, aged almost 15 and 17) to return to Australia and live with their mother, despite their wishes to remain living in New York with their father. In this matter, there were three children of the marriage (the two brothers and one sister) and parenting orders had been made by the Family Court in 2014 that the parties were to have equal shared parenting responsibility of the children, and that they could be taken by either parent on an overseas holiday, provided that certain conditions were met. Relevantly, there was also a clause in the order that enabled each child to decide with whom they would like to live.
Wed, 26 Apr 17
Weâve all heard about, or know someone who has experienced a situation where the parent of a child needs to be confirmed. In most cases, where parentage of a child is in doubt, the parties will voluntarily submit their DNA for a parentage test. However, there are many reasons as to why one would refuse such a test, including the age-old excuse of avoiding payment of child support.
Wed, 26 Apr 17
As blended families become more and more common in todayâs society, a photo released by a family made up of a mother, father, step-mother, step-father and child has gone viral in the news for all of the right reasons. Promoting the belief that co-parenting is completely do-able, and most definitely in the best interests of the child.
Wed, 22 Mar 17
ASSUMPTION â IT WILL BE A 50/50 SPLIT Most people presume that their assets will be split straight down the middle, however there is no hard and fast rule that this will occur (see pages 12 to 13 for more details). ASSUMPTION â WHAT I PUT IN, I GET BACK A person may not necessarily get to keep all of the things that they brought into or acquired during the relationship. The Court will consider each parties contribution to the relationship and what their future needs are (see pages 12 to 13 for more details).
Tue, 16 Aug 16
It is vitally important that separating parties are aware of the statutory time limits in relation to formalising their property settlements. For married parties, property proceedings must be commenced within 12 months from the date the divorce is granted, and for de facto parties, they must be commenced within 2 years from the date of separation. If parties wish to make an application for property settlement outside of these timeframes, it must be done so with the leave of the court and the court has the discretion to refuse to entertain these late applications. In order to allow a late application, the court generally must be satisfied that the party or a child of the relationship would suffer hardship if leave is not granted or, in relation to maintenance order, the person making late application was unable to support themselves at the end of the applicable time limit (12 months from divorce if married, 2 years from separation if de facto) without an income-tested pension, allowance or benefit.
Tue, 19 Apr 16
When purchasing real property with another person (or several others), you will need to instruct your solicitor how you wish to hold the property after settlement. Broadly, you can hold the property either as âJoint Tenantsâ or as âTenants in Commonâ, however within these two options, there are many different configurations which can be tailored to individual circumstances. There are many reasons why one type of holding may suit you better than the other including personal living circumstances, family circumstances, financial or tax reasons, future plans and even health circumstances all issues impacting the decision. Generally, a tenancy in common is the only holding which allows you absolute control over who will receive your share upon death. When a tenant in common dies, their share of the property passes in accordance with their instructions as set out in their will (subject to any family provision claim) or otherwise under the rules of intestacy. It is imperative if you hold any property as a tenant in common that you have a valid and enforceable will, which specifies the person or the organisation which is to receive the benefit of your share of the property.
Wed, 13 Apr 16
Since March 2016, when the Civil Partnerships Act 2011 (the Act) commenced, couples (including same sex couples) who meet certain eligibility requirements are able to register a civil partnership. The definition of a âcivil partnershipâ under the Act is âa legally recognised relationship that, subject to this Act, may be entered into by any 2 adults, regardless of their sex.' The parties need to be at least 18 years of age, and at least one of them needs to reside in Queensland. In addition, neither party must be married or already in a registered relationship, and the relationship must not be prohibited (i.e. between lineal ancestors/descendants, sibling relationships etc).
Wed, 13 Apr 16
With a growing aging population, the issue of elder abuse is becoming more prevalent in our society, and while domestic violence issues between spouse and de facto couples are often highlighted in the media, elder abuse has remained somewhat âunder the radarâ. However, in the past year there has been a particular focus on this issue in both Queensland and Victoria, with a report released in February 2015 by the Queensland Government addressing its prevalence in our State and a submission made to Victoriaâs Commission into Family Violence in Victoria highlighting the shocking rate of elder abuse.