3 Tips On Making It Through Your Divorce In One Piece

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April 15, 2017
Divorce

Surviving a divorce is a little like making it through a shipwreck – they’re often survivable, but it takes a little luck and some hard work to swim to shore.  The following tips should help you navigate the shark infested waters as you head back to calmer seas.

Your Next Marriage

No, I’m not talking about who you date after the divorce is over, I’m talking about your family lawyer.  This is the person who will calm your nerves, hold your hand through rough times, stand up for you and your interests, defend you, and generally be your guiding light for months.  You’ll also likely pay them a tidy sum of money so it’s absolutely critical you find a match for your budget and for your personality.  It’s like a marriage.

How do you find such a kindred soul?  Interview, interview, interview.  If you’re stressed out because you’ve been served with papers, or you want to file for divorce right away, the tendency is to go with the first family lawyer you meet.  Don’t do that.  Remember, you have to find a match.  Are you comfortable with them?  Do you like their personality?  Are you a person who needs a quick response to questions?  Did the lawyer (or their assistant) quickly return your phone call or email?  What do other people say about them (on-line reviews of lawyers actually exist and they’re extremely helpful).

Commercial Leases – Watch Out!

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November 15, 2016
Commercial Leases

A commercial lease is one of the most important, and sometimes scary, documents a new business owner will ever sign.  They involve complex terms, financial risk, and obligations you may have never seen before.  The first commercial lease my company ever signed was for a total value of $2.5 million dollars over five years.  At the time, it scared me to death.

With careful planning, however, a commercial lease can be a tremendous asset to your business, and as always, speaking to a qualified property lawyer is always a good idea.

Here’s a few things to watch out for:

  • The Money. You’ll be paying rent at regular intervals so watch out for a few things that will appear in this part of your lease.
  • Automatic rent increases. These are common in leases and can substantially affect your ability to pay (as well as the profitability of your business) over time.  Be careful to examine exactly how the rent increase will be calculated.   Try to anticipate the worst case scenarios and plan for them.  Be prepared to negotiate on this term, you do not have to accept it at face value.  Again, consulting with a competent property lawyer is a smart move.

Don’t Make Your Bust a… Bust

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July 15, 2015
Miranda Warning

A few tips to remember if by chance you see a police officer take out the handcuffs and you’re sure they’ll be going around your wrists any second.

  • Stop talking. While it’s true that your statements are generally inadmissible until the officer reads you your Miranda warning, it still doesn’t make sense to give the police any more information than necessary.  Wait to talk to your criminal lawyer.  Adrenaline will be pumping through your system, and many people get very “chatty” because that is their natural response to fear.  Take a deep breath, remember this is the time to be quiet. Miranda are those magic words which say “anything you say can and will be used against you…”.  Once you hear that phrase it’s really time to be silent and ask for your lawyer.  This doesn’t mean you can’t ask a question (“can I call someone to come get my car”, “I have medicine I need in my car”, etc.), but beyond that it’s better to zip your lip.

Writing Your First Will

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November 22, 2014
First Will

Although it’s not something we like to think about, everyone dies eventually. It is extremely important to be prepared for this day in case it comes earlier than you expect it to. Using a wills lawyer to draft your first will is one significant step that you can take which will help your loved ones if you pass away.

Basically, a will records your wishes and tells people what to do after you pass away. You can include things like what will happen to your possessions, who will receive guardianship of your children, and what will happen with the rest of your assets.

Getting started:

Although it is relatively simple to buy a wills kit and to write your own will, the advice of a professional wills lawyer can be invaluable. Consider at least consulting with a lawyer before you attempt to write your will.

When Is A Business Agreement Not Valid?

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February 8, 2014
Business Agreement

Business agreements are complicated things, and they must be written according to legal guidelines to make sure that they are valid, and that they remain valid. It is important to consult commercial lawyers when writing your business agreement to make sure that you don’t fall into problems further down the track. Unfortunately, a lot of people make business agreements which aren’t valid, but they don’t know this until a dispute arises.

What circumstances invalidate a business agreement?

There are a number of different things which can invalidate and led to the cancellation of a business agreement. These include:

When one party has broken a central part of the agreementIf one of the parties involved in a business agreement acts in a manner contrary to the terms set out in the agreement, the other party has reasonable cause to believe that the agreement is no longer valid. If you feel that your business agreement has been broken due to the way that the other party has acted, consult a commercial lawyer to determine whether you should take the matter to court.

What To Do If You Are Charged With A Crime

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October 8, 2013
Charged with Crime

Unfortunately, people across Australia are charged with various crimes every single day. Crimes vary from very simple and basic ones like parking or speeding offences to more serious things like assault or drug-related offences.

Dealing with a charge can be a difficult and confronting process, especially if it is the first time that you have been booked. High-quality criminal lawyers can help you deal with your charge, and should be able to direct you and show you what your next steps are.

Before being charged

If the police are around asking you questions, then you need to carefully consider how you answer them. Being courteous and friendly is never a bad idea, especially if you are guilty. Doing so could help you get charged with a less serious offence, while being difficult won’t help your situation at all.

Legal Dimensions of Separation Under Australian law

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November 13, 2012
separation Under Australian Law

Separation is a very specific phenomenon under Australian law of domestic relations, because it has a complex and transitory nature, particularly due to its evidentiary significance in a gradually deteriorating marriage. On the other hand, separation is imbued with prominent emotions at varying stages of grief. Thus, separation in Australia is frequently connected with the below stages of grief:

  • Denial and shock in the relationship
  • Actual anger and blaming of either the former partner or some different person that is allegedly responsible for the deterioration of marriage
  • Depression and sadness
  • Acceptance and accommodation to new conditions of life

Regulation of separation under Australian statutory and case law

Australian courts substantially extended the statutory dimensions of separation under Australian law. Thus, in Fields & Smith, the court ruled that it was just and equitable to make an order for property settlement.[1] Also, the court verified the equality of contributions pre-separation by the parties and found that the assets of the parties did not alter post-separation due to the efforts of either party. In deciding the case, the court also took into consideration changes in the role of the wife as parent and homemaker post-separation and decided that the changes did not decrease her entitlement to an equal division of the property. In the final analysis, the court held that there should be equal distribution of the parties’ assets upon separation.