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What is a testamentary guardian? A testamentary guardian is someone who is appointed to provide daily care and responsibility for your children and to make decisions about your children's long term care, welfare and development in the event that one or both of the child's parents pass away. A testamentary guardian generally has the same types of powers, rights and duties as a natural parent [...]
This year the Family Law Courts announced that 2,000 cases nationally have been in the court system for over 18 months. The current time from filing documents in the Federal Circuit Court or Family Court of Australia (the Family Law Courts) to attending an interim hearing can be as long as 6 months or more even for matters considered urgent. For a final hearing the [...]
What is a Succession Act Claim? A Succession Act Claim is a claim bought against a deceased person's estate pursuant to the Succession Act 2006 (the Act). They are claims initiated by eligible persons who feel they have been unfairly left out of, or inadequately provided for under, the will of a deceased person. The Act gives a Court the power to make a provision [...]
Consent Orders and Binding Financial Agreements (BFA) are the two ways of documenting an agreement reached by you and your former partner about the division of your property and assets after separation. They are the only methods that are legally binding and enforceable. Consent Orders Consent Orders are the most common way of formalizing an agreement reached between you and your former partner following the [...]
The Duty of Disclosure refers to the obligation on all parties to a family law dispute to disclose any information that is relevant to the issues in the case. This includes disclosing information and documents that the other party may not know about. Disclosure in property matters Full and Frank disclosure of each parties’ financial circumstances, including all assets & liabilities and all financial & [...]
What is a Granny Flat Arrangement? A granny flat arrangement or agreement is a legally binding document generally entered into by family members. The most common scenario is between the parents/family members and their children where the former is provided accommodation in the property of the latter in lieu of some monetary consideration or asset. Granny Flat Agreements are a life estate agreement and the [...]
Most of us these days have some type of story of a marriage breakdown and are acutely aware how ugly they can sometimes become. Have you ever however considered the legal effect of the breakdown of a de-facto relationship and when the Courts will become involved? Under the Family Law Act a 'de-facto' relationship is defined as a couple "living together on a genuine domestic [...]
Few people would be unaware that Aretha Franklin died recently and that fans the world over have mourned someone who was acclaimed as a master of her art. Unfortunately, something that Aretha did not master was proper estate planning. It has been widely reported that she did not leave a Will despite advice from her attorney and repeated attempts by him to have her set [...]
Binding Financial Agreements, or BFAs as they are known in Australia, are less common, less certain than the American 'pre-nups' you likely know from movies. Since the recent 2017 High Court decision in Thorne v Kennedy questions have arisen as to their certainty if challenged in Court. In that case the appellant wife travelled to Australia to marry the wealthy respondent in a marriage initiated [...]
It's not just parents who can apply for parenting orders Mention the breakdown of a marriage where young children are involved and most people will have in mind the effect on children of separation from a parent and the distress that it can cause the parent who is not the day to day carer of the children. Less obvious is the effect of the marital [...]
