De facto relationships and Will contests
All jurisdictions in Australia provide statutory rights for certain eligible persons to contest the terms of a Will if they can show that they have been left without “adequate provision” by the willmaker. These claims are commonly referred to as family provision...
Avoid nasty taxation surprises in family law settlements
There can be significant differences in the taxation consequences of certain family law related orders or settlements and deciding who keeps what. Unique opportunities in the family law environment can enable a couple to lawfully restructure their business and...
A guide to Shareholder Agreements
A company constitution is usually drafted in a standard format and may not provide adequate protection for shareholders in the event of a dispute between them or where issues arise not sufficiently covered in the constitution. A shareholder agreement, properly...
The family business and property settlements – the importance of valuations
Separating couples involved in a family law property settlement are often under emotional and financial pressure. When one or both parties are involved in a business, this can add additional stress and complexity to the division of property. A business interest,...
Dying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend or a professional person or trustee company to administer your estate (your executor), nominate guardians for young children,...
Divorce, de factos and superannuation splitting
Once a married or deface couple separates, their superannuation (Super) is treated as property of the marriage or relationship under the Family Law Act 1975 (Cth) (FLA) and the value of the couples’ Super benefits will be taken into account when determining a property...
The financial impact of divorce and separation – moving forward with advice and guidance
The financial impact of divorce and separation can be huge. There are legal costs to consider, not to mention how the mortgage and associated bills and childcare costs are going to be paid moving forward. Your employment and earning prospects may be limited especially...
Does your superannuation policy cover you for disablement?
Many of us are guilty of not carefully reading the clauses in our superannuation fund deed and other documents and are just content to let our employer make fortnightly contributions and hope that we have enough money put away to retire on if the time ever arrives....
Parenting arrangements following separation
Following a separation parents do not necessarily have to go to court regarding the care arrangements for their children. As a matter of principle our clients are encouraged to try to reach an agreement if possible without the need to resort to the Family Law...
Why everyone needs a Power of Attorney
Most people over 18 years of age should consider having a Power of Attorney in place. A Power of Attorney is a legal document made by a person (known as the principal or donor) that authorises one or more others, on behalf of the principal, to do anything the...