How are de facto relationships dealt with? This can be an issue when the deceased did not write a will clearly expressing their intentions towards family and friends. A de facto spouse may have to first prove that they were, indeed, the de facto...
A recent Queensland case highlighted the dangers of undertaking your own estate planning and preparing a do it yourself will. A couple married in 1984. They both had children from previous relationships but did not have any children together. They prepared a joint will at home...
How do I work out what is best for my children now that we have separated? The answer to this question will largely depend upon the client's and the children's individual circumstances. We advise clients that it is much better if Parents can decide between...
The Family Court and the Federal Circuit Court have responded exceptionally well to the COVID-19 situation. They have been innovative in their response to the changing situation. The Courts, who were used to running their Hearings in a face-to-face manner had to adapt quickly to overhaul...
How can I protect my personal assets in the event of business failure in these difficult times? The severe economic impact caused by the Coronavirus and consequent shutdowns of parts of the economy at very short notice has resulted in many businesses suffering financially or...
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...