Publications
REGISTERING A CIVIL PARTNERSHIP - APRIL 2016
Wed, 13 Apr 16
Since March 2016, when the Civil Partnerships Act 2011 (the Act) commenced, couples (including same sex couples) who meet certain eligibility requirements are able to register a civil partnership.
The definition of a âcivil partnershipâ under the Act is âa legally recognised relationship that, subject to this Act, may be entered into by any 2 adults, regardless of their sex.'
The parties need to be at least 18 years of age, and at least one of them needs to reside in Queensland. In addition, neither party must be married or already in a registered relationship, and the relationship must not be prohibited (i.e. between lineal ancestors/descendants, sibling relationships etc).
ELDER AND DOMESTIC ABUSE AND ITS POSSIBLE EFFECT ON FAMILY PROVISION CLAIMS
Wed, 13 Apr 16
With a growing aging population, the issue of elder abuse is becoming more prevalent in our society, and while domestic violence issues between spouse and de facto couples are often highlighted in the media, elder abuse has remained somewhat âunder the radarâ.
However, in the past year there has been a particular focus on this issue in both Queensland and Victoria, with a report released in February 2015 by the Queensland Government addressing its prevalence in our State and a submission made to Victoriaâs Commission into Family Violence in Victoria highlighting the shocking rate of elder abuse.
DO YOU OWN ASSETS IN MULTIPLE JURISDICTIONS? IF SO, YOU MAY NEED TO LOOK VERY CLOSELY AT YOUR EXISTING WILL AND ESTATE PLANNING ARRANGEMENTS
Wed, 16 Mar 16
If you own assets in multiple jurisdictions then it would be prudent to make sure that your estate planning is as thorough as possible to ensure that all of your assets can be dealt with as smoothly as possible upon your passing.
We are seeing an increasing number of clients who hold property in multiple states and jurisdictions, and thought it timely to provide a brief update on the estate planning avenues available to those who do in fact have assets in multiple locations.
You are welcome to peruse some of our many previous publications on wills and estate planning at your leisure to assist with your understanding of the information provided in this article:
RECENT COURT DECISIONS MAY AFFECT YOUR BINDING DEATH BENEFIT NOMINATIONS UNDER YOUR SUPERANNUATION
Wed, 16 Mar 16
If you have a superannuation interest, it is important that you consider who will receive the benefit of the fund and any associated insurance benefit when you pass away.
A binding death benefit nomination (BDBN) allows you to nominate the person or persons who you wish to receive your benefits after your death (provided they meet the requirements of a dependant as defined by superannuation law), removing the discretionary power from the trustee. This enables you to make your intention clear, and to direct the trustee to provide the benefits to the named person or persons.
This distribution is conducted separately from any distribution under the will and does not form part of your estate under your will.
ENFORCING FOREIGN FAMILY COURT ORDERS PERTAINING TO PROPERTY IN AUSTRALIA
Wed, 13 Jan 16
With the increase of Gold Coast residents moving overseas, particularly after a relationship breakdown, the question often arises in the practice of Family Law of, âhow can we deal with Australian property whilst residing overseas?â
Australia is not privy to any international agreements or conventions recognising and/or enforcing foreign Family Court orders in Australia in relation to the adjustment of property interests between spouses (aside from orders pertaining to spousal and/or child maintenance).
WHO DECIDES WHERE A CHILD LIVES AFTER SEPARATION?
Thu, 19 Nov 15
A family breakdown and subsequent separation is a tumultuous time for families, and even more so when there are children involved. Family lawyers are often asked who decides where the child or children live after separation, and what weight is given to the child or childrenâs wishes about which parent they would like to live with. Although this is a decision which can be made amicably between the parties taking into account the wishes of the child, ultimately it is a decision made by the Court if the parties cannot agree between themselves.
The best interests of the child remain the paramount consideration of the Court when determining childrenâs issues, and the Family Law Act 1975 (the Act) sets out a range of factors which the Court must consider when determining the best interests of a child, which are divided up into two tiers, the first being âprimary considerationsâ and the second being âadditional considerationsâ.
