It is common for directors of companies to be required to provide a director's or personal guarantee to guarantee the performance of a company's obligations under contracts entered into by the company. In the absence of a personal guarantee, a director of a company is...
With about 1 in 3 Australian marriages ending in divorce almost everyone knows someone who has been involved in the breakdown of a marriage or a de facto relationship. Not surprisingly this often results in rumours about what each party is entitled to receive....
Many families have found the global pandemic as particularly stressful. Both parents and children are very anxious about the situation at this time. Parents are facing the stress of money and health worries in the pandemic, as well as the normal stresses and...
Under the Family Law Act, a de facto relationship is when two people are not legally married or related by family and have a relationship as a couple living together on a genuine domestic basis. However, in applying this law, the Court has found that...
We have decided to separate. I want to sort out a property division as soon as possible. Do I have to be divorced first? The simple answer is 'no'. This is a common misconception amongst the public. Divorce is granted on the...
Be aware of the time limitations that apply Did you know, in the Australian Family Law system, legislation is set up to provide time frames for couples to bring an application to the Courts to finalise property matters with your former spouse or de-facto...
Having children is no doubt one of the greatest gifts in our lives. When they are born, you expect to always be there for them and to care for them. Unfortunately, when relationships come to an end, sharing the care of your children with your...
Many company directors are aware that they can be held personally liable for the debts of a company if they have given a personal guarantee or if they allow the company to trade whilst insolvent. However many directors are unaware of the circumstances in which...
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPOA) is a document that appoints a person (the attorney) to make legal and financial decisions on behalf of the principal, once the principal is unable to manage their affairs. The principal...
When a marriage or de facto relationship breaks down, property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties as a part of their property settlement. Superannuation...