Publications
CHILDREN TRAVELLING OVERSEAS WITHOUT THE CONSENT OF ONE PARENT - HOW TO ENSURE IT DOESN'T HAPPEN TO YOU
Fri, 18 Nov 16
Recently, there has been an increasing number of reports of parents taking, or attempting to take, their children overseas without the consent of the other parent.
Even in otherwise amicable separations, the question whether children should be allowed to travel overseas is often a contentious issue between parents due to the various concerns and risks that can exist. Those risks include, amongst other things:
(a) The children facing unacceptable danger to their general health;
(b) The children facing unacceptable risk to their life; and/or
(c) A parent absconding with the children with the intent of never returning to Australia.
YOU HAVE JUST SEPARATED FROM YOUR SPOUSE - NOW WHAT?
Fri, 18 Nov 16
At Affinity Family Lawyers, we understand that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a personâs life. While we strongly recommend obtaining legal advice at the earliest opportunity, there are practical steps you can take in the interim to protect your interests and emotional wellbeing prior to seeking the advice of a lawyer.
STAGE 1: LOOK AFTER YOURSELF
Separation may feel like the end, however, we assure you that there is life after separation. Below are a few suggestions which we have compiled during our professional experiences dealing with clientâs during this extremely traumatic time:
· Remember to pay attention to your emotional needs and give yourself permission to feel;
· Do things that will nurture you emotionally and physically;
· Let go of problems beyond your control, and surround yourself with a strong support network;
· Eat a well balanced diet and keep active.
SUPERANNUATION & ESTATE PLANNING - WHAT YOU NEED TO KNOW
Tue, 16 Aug 16
Sitting down with your solicitor for an estate planning consultation is an important task that many of us put off due to time constraints. We understand that discussing your wishes after your death is an uncomfortable and sometimes unpleasant task, however, it is also one of the most important tasks you will undertake in your lifetime.
Having an up to date will and other documentation in place in the unfortunate event of your passing can assist your family and loved ones in an often traumatic time, providing them with a roadmap of your intentions, which can relieve any stress and anxiety and enable your wishes to be carried out promptly and efficiently.
An important consideration when contemplating your assets in the event of your passing is your superannuation. It is becoming more and more common that superannuation benefits are one of the largest assets you may hold at the time of your death, and it is worth noting that your Will can not specifically cover your superannuation. Accordingly, your superannuation benefits must be dealt with separately to ensure that your benefit is paid to your nominated beneficiary.
PROPERTY SETTLEMENTS - APPLICATIONS MADE OUT OF TIME
Tue, 16 Aug 16
It is vitally important that separating parties are aware of the statutory time limits in relation to formalising their property settlements.
For married parties, property proceedings must be commenced within 12 months from the date the divorce is granted, and for de facto parties, they must be commenced within 2 years from the date of separation. If parties wish to make an application for property settlement outside of these timeframes, it must be done so with the leave of the court and the court has the discretion to refuse to entertain these late applications.
In order to allow a late application, the court generally must be satisfied that the party or a child of the relationship would suffer hardship if leave is not granted or, in relation to maintenance order, the person making late application was unable to support themselves at the end of the applicable time limit (12 months from divorce if married, 2 years from separation if de facto) without an income-tested pension, allowance or benefit.
THINKING OF APPLYING FOR A DIVORCE? - WHAT YOU SHOULD KNOW
Fri, 27 May 16
We have recently had several clients who, in the heat of the moment after a separation, have wanted to immediately apply for a divorce from their ex-spouse.
Of course it is never a good idea to act in the heat of the moment, and the legislation in place regarding filing an application for divorce crystallises this point by making it mandatory that the parties are separated for a period of twelve months prior to being allowed to make the application.
JOINT TENANTS OR TENANTS IN COMMON?
Tue, 19 Apr 16
When purchasing real property with another person (or several others), you will need to instruct your solicitor how you wish to hold the property after settlement. Broadly, you can hold the property either as âJoint Tenantsâ or as âTenants in Commonâ, however within these two options, there are many different configurations which can be tailored to individual circumstances.
There are many reasons why one type of holding may suit you better than the other including personal living circumstances, family circumstances, financial or tax reasons, future plans and even health circumstances all issues impacting the decision.
Generally, a tenancy in common is the only holding which allows you absolute control over who will receive your share upon death. When a tenant in common dies, their share of the property passes in accordance with their instructions as set out in their will (subject to any family provision claim) or otherwise under the rules of intestacy.
It is imperative if you hold any property as a tenant in common that you have a valid and enforceable will, which specifies the person or the organisation which is to receive the benefit of your share of the property.
