Surrogacy is the process involving a substitute mother bearing a child on behalf of another person or persons. Altruistic surrogacy arrangements are legal in Australia and can provide benefits for all concerned. Those unable to conceive are given the opportunity to parent a child and the birth mother brings that child into the world.
A financial agreement is a contract that deals with the division of a couple's assets after they separate, or in the event that they separate. They may be made before or during a marriage or de-facto relationship, or after it breaks down.
If you’re in the unfortunate situation of going through a break-up you have probably heard all sorts of ‘advice’ from well-meaning friends and family.
Most property settlements are reached through negotiation, without the need to attend Court. Agreements reached can then be formally documented through means including a binding financial agreement or consent orders. As a last resort, the parties may need to initiate Court proceedings whereby orders will be made regarding the division of the parties’ property. No matter how a property settlement is reached, it is important to be aware of the financial impact of the proposed agreement before finalising it. Family lawyers often recommend working with a financial advisor to ensure a property settlement delivers an optimum financial outcome for the client. We explain below some of the benefits in working collaboratively with a financial advisor and lawyer.
Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business interest, whether held individually or jointly, through a partnership, company or trust, forms part of the asset pool and must be accounted for when dividing property. A formal valuation for the business can help provide clarity and assist the parties to negotiate a financial settlement.
Many couples separate on amicable terms or may put aside their differences sufficiently enough to resolve matters between them pragmatically. They may then choose to make informal arrangements regarding the division of their property. However, the failure to legally document a property settlement is almost always unwise for many reasons, not least of which is that either party remain open to pursue an outcome through the Family Court.
When a relationship breaks down, it is common for disputes to arise over the ‘ownership’ of an inheritance received by one of the parties.
Many couples are able to agree on arrangements for the ongoing care of their children after they separate. These arrangements can be documented through parenting plans or formalised in consent orders without the need to attend Court.
If you have separated from your spouse or de facto partner, you may be entitled to claim spousal maintenance.
We are pleased to inform you, with effect from Monday, 29 October 2018 Klimek & Wijay Family Lawyers will be located at the following location: Level 4, 66 Kings Park Road, West Perth