Parenting orders are orders of the court that provide for parenting arrangements, and as such, they are legally binding. Parenting orders can only be changed in very specific circumstances.
The powers granted to an attorney under a Power of Attorney may be significant. This creates the risk that some attorneys may abuse their appointment for personal gain. We look at ways you may prevent an attorney from taking advantage of your Power of Attorney what to do if you suspect that they are taking advantage of their position.
The tasks an executor undertakes can sometimes be complex and time consuming. An executor of a Will may seek payment for their efforts and time in administering an estate.
If you’re thinking of separating, there are some steps you can take to prepare for your separation which may help make the process less stressful for you and your partner whilst also protecting your family law interests.
When updating a Will, some people may be tempted to simply handwrite and initial changes on the original Will. This poses the question, “are handwritten changes to my Will valid?”
If someone intentionally fails to comply with Family Court Parenting Orders or Financial Orders, or makes no reasonable attempt to comply, the other party may make an application seeking to deal with the non-compliance. This is called a contravention application.
The Family Court often requires information about your child and may order the preparation of certain reports. One of these reports is known as a Child Impact Report.
Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
Many people do not think about superannuation when it comes to negotiating property settlement after separation. However, it is often a significant asset of a relationship and should be considered when dividing property.
The misuse of drugs and/or alcohol and the existence of family violence can have a significant impact on parenting proceedings. It’s crucial that your case is being managed properly and any risk to the children is appropriately addressed.
Generally speaking, parenting plans are entered into in a less formal way and are cheaper than parenting orders. They are not, however, legally enforceable.