Every marriage or de facto relationship usually involves a level of mutual trust, confidence and influence. However, when does that normal situation become undue influence or enable one party to unconscionably take advantage of the other? These questions were considered by the Family Court in two cases dealing with pre-nuptial style agreements - Saintclaire & Saintclaire and Zagar & Hellner.
A separating couple with children will need to work out the parenting arrangements for those children - where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the Court can decide the parenting arrangements for them. In either case, the Court will only make orders that it considers are in the children's best interests.
Most people are aware that a valid Will determines how their assets are dealt with after they are gone. Wills generally provide for the appointment of a trusted executor/s and gifts to chosen beneficiaries. They may also appoint guardians for minor children and give direction for specific funeral and burial arrangements.
Unlike married couples, de facto partners cannot apply for a divorce when their relationship breaks down. Their property affairs and arrangements for the future care of their children however may be finalised by agreement, with the assistance of their legal advisors or, if necessary through Family Court proceedings.
If you have recently separated, one of the concerns you will probably have is the size of your legal bill after your property matters are sorted. Below are our top tips for keeping your family law property costs down without skimping on sound legal advice.
Separating couples are generally required to make reasonable attempts to resolve disputes about the future living arrangements, care and responsibility of their children. Unless there are extenuating circumstances, dispute resolution is compulsory if agreement cannot be reached.
When it comes to planning your estate, it is important to consider the types of Wills available to assist in meeting your testamentary wishes. Wills can be very simple or accommodate a range of possibilities. The following is an outline of the most common types of Wills. It is not a substitute for sound legal advice as everybody’s situation is different and good estate planning requires consideration of a person’s unique personal and financial circumstances.
Family law principles recognise that both parents of a child should be financially responsible for his or her care, regardless of the parents’ marital status, past or present relationships or involvement in the child’s life.
No doubt you know someone who faced a huge legal bill from their family lawyer. If you know someone whose marriage or relationship is breaking up, they don’t have to spend a fortune on lawyers. There are steps they can take to keep legal costs to a minimum while still getting sound advice and ending up with a binding property settlement.
Making a Will is important, particularly if you are part of a blended family. A blended family is a family in which one or both partners have a child or children from a previous relationship.