News & Articles
If I don’t have access to any funds, can I obtain a partial property settlement?
Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time. If one of the
Can I apply for Spousal Maintenance if I was in a de facto relationship?
Yes. If your de facto relationship can be classified as a de facto relationship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. Family Law Smart Start Guide By Anna Roberts Director, Solicitor & Family Dispute Resolution Practitioner Make a Smart
How long do I have to be living with someone before I am classified as their de facto partner?
Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties
What is a Binding Financial Agreement?
A Binding Financial Agreement is an agreement entered into before, during or after a relationship. If a Binding Financial Agreement exists the Court will not have the power to make an order affecting the matters covered by the agreement. As a result, a Binding Financial Agreement will only be binding if it includes proper financial
Pre-empting Contested Wills Claims
What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an “eligible person” against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person’s Will where the “eligible person” has been
An Introduction to Advanced Estate Planning
What is Advanced Estate Planning? Advanced Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Advanced Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advantageous
Planning for the forseeable: Why appoint an Attorney & Guardian?
What if I suffer a serious injury, illness or trauma? Fundamental to every Modern Estate Plan is considering what will happen to you and your loved ones in the event that you suffered from a serious injury, illness or trauma during your lifetime. This involves: the appointment of trusted persons to act as your attorney
Don’t Risk more then you can Afford to lose: Personal Insurance Planning
What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans? Your ability to earn an income
Wills & Asset Protection Trusts: Why your beneficiary’s circumstances are as important as yours
What is an Asset Protection Trust? (also known as a Testamentary Trust) An Asset Protection Trust is simply a Trust created by a valid Will and funded by Estate Assets. The Trust commences when the Executor finishes administering the Estate. There a many different types of Testamentary Trusts that can be established in a Will.
Sophie’s Lost Inheritance
Sophie’s parents’ Wills were apparently straightforward. Under the terms of the Wills, everything her parents owned was left to the surviving parent and then, in the event that both her parents had died, the Wills divided their assets equally between Sophie and her brother. When Sophie was (not so happily) married to David, David’s business