What Relocation Orders Mean For The Children Of Divorced Parents

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April 6, 2021

Whenever a couple divorces and there are children in that marriage, in most cases both parents will be awarded joint parental responsibility unless one parent and their family lawyer can show the family court that sole responsibility should be ordered.

In truth, it is rare for sole parental responsibility to be given, except where one of the parents is absent or not capable of having such responsibility, for example, if they are a serious drug user.

For most parents and children, it is joint parental responsibility which will apply and that will cover who the children live with, visitation, and also the obligation for both parents to discuss and agree on any and all of the major decisions that relate to a child’s upbringing and welfare.

One major problem with that scenario is when the parent with whom a child lives decides that they wish to relocate. When we say relocate that is not talking about a simple house move to another part of the city, but instead referring to a move to a completely different city or state.

What Are Parenting Orders?

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September 22, 2020
Parenting Orders

Whenever a couple spilt, and there are children involved, even if the breakup is somewhat acrimonious, the welfare of those children must be paramount. As your divorce lawyer at familylawassist.com.au will tell you, a court can make a parenting order if the parents cannot agree, but there are ways to make parenting arrangements which do not always involve going to court.

The latter applies when there is a degree of civility between the parents, and they are able to agree to parent arrangements amicably. In this scenario, they simply agree to a parenting plan which they both commit to sticking to. Here there is no need to involve the court. but for this reason, this type of parenting plan is not legally enforceable.

The other way an agreement can be reached, and have greater legal status, is to apply to the court for a consent order. Here the agreement is reached between the two parents with regards to the children, but they give it legal status by applying to the court to formalise it.

In these circumstances, the court will not simply rubber-stamp it, even though an agreement has been reached. The court will also ensure that the agreement is appropriate, that the interests of the children are being met, and that the agreement is fair to both parties.

What Can Happen If I Breach My Employment Contract?

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April 19, 2020
Breach My Employment Contract

Employment contracts are legally binding agreements between an employer and an employee, often created with the help of a qualified lawyer like Robinson Lawyers. Since employment contracts are legally binding, there can be serious consequences if they are breached.

However, what many people don’t realise is just how serious these consequences can be. In the rest of this article, we’ve covered everything you need to know about what could happen if you breach your employment contract. If you believe you may have broken your contract, we’d highly recommend speaking with a lawyer as soon as possible to minimise the damage.

One thing that’s worth quickly noting here is that contracts can be breached by employees and employers alike, so keep that in mind.

What Are the Penalties for Employees Breaching a Contract?

Under Australian law, employment contracts are legally binding documents, and there can be significant penalties if you break them. Two of the most common penalties include:

  • Being sued for damages, which can be significant. In one high-profile case in 2009, a former employee was taken to court and ordered to pay over $500,000 in damages to an Australian financial broking company.
  • Being prevented from working with a competitor. Many contracts have something that’s called a “restraint of trade provision”, which essentially prevents an employee or former employee from working with a competitor for a specified amount of time.

Unfortunately, complex employment contracts are often written well and truly in favour of the employer. It’s extremely important to work through your contract with a lawyers before you sign it. Doing so will help ensure you suffer minimal penalties if you do have to break contract.

Things To Consider When Selling Your Business

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October 3, 2019
Selling Your Business

If you’re thinking about selling your business then there are a lot of things to consider. For one, you need to make sure that you’re offering a fair price which both maximizes your profit and gives you a good chance of finding a buyer.

You also need to make sure that you’re covering all your bases in a legal sense. There are plenty of things to consider, and it’s always a good idea to engage the services of an experienced commercial lawyer and when dealing with money, it is a good idea to contact your financial planner at www.andep.com.au to make sure you’re maximising your money.

In order to help you get your mind working, I’ve put together a quick list of things that you absolutely have to make sure that you’re thinking about when you’re selling a business. They include:

Make sure that you have a well written sale contract

It’s essential to make sure that you’re using a sales contract that is legally binding financial agreement, otherwise you could run into all sorts of problems. It’s always a good idea to work with your local law team to put together a contract.

Some of the things that a business sales contract should contain include:

  • A price and a payment plan which outlines how you’re going to receive payment and when.
  • A clear outline of what’s included in the sale.
  • Any other conditions of sale, including things like non-disclosure agreements and similar.

As I’ve said, you should always get your sales contract checked by a qualified lawyer, otherwise you might run into problems.

Starting a New Business? Get Competent Legal Assistance

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May 1, 2018
New Business Legal Assistance

As you redouble your efforts to get your new business off the ground, the last thing you need is to be faced with unpleasant surprises along the way. By hiring expert commercial lawyers from the start, you can reduce the likelihood of lawsuits and liability. Most small business entrepreneurs often worry if they can afford to hire a lawyer amidst other heavy expenses; after all, small businesses are often strapped for cash and they hardly have any extra for legal fees. The truth of the matter is that legal fees are often much more affordable than people believe. The nominal charges for hiring legal assistance can help prove you with comfort and security knowing that your business interests are protected.

There are likely to be adverse financial implications if you postpone seeking legal assistance. Most people tend to hire legal help only when they are actually confronted with a problem (for example, a customer may sue you). Choosing to invest a nominal amount of money in seeking legal assistance will help you save money and protect your business because there is less likelihood of unpleasant shocks along the way. Prevention is always better than cure especially where business interests are concerned.

Feeling Insecure about your Future after Divorce?

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March 15, 2018
Feeling Insecure

Top Lawyers can help you Negotiate a Fair Property Settlement

Although it is a genuinely stressful and daunting experience for many, there is no denying that divorce is an undeniable truth for many couples in modern day Australia. Seeking the services of reliable family lawyers like Family Lawyers Perth can go a long way in reducing the stress, time and money spent on divorce proceedings. Hostility, anger and resentment often tend to cloud your judgement and impair your decision-making ability.

The negative feelings and consequent lack of communication can make it difficult to agree on important matters including custody, division of property and assets as well as spousal support and so on. Such feelings of anger, resentment, fear, insecurity and rejection can be intensified if there has been a history of infidelity or violence etc. In such cases, choosing to represent your own case can prove to be a costly blunder and you may miss out on your rightful share. An experienced divorce lawyer can help you keep a clear head, uphold your rights and view your options objectively.

Wish to Dispute the Contents of a Will?

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September 20, 2017
Contest a Will

Following the Legal Process can help you Contest a Will

If you are suspicious or dissatisfied with the contents of a Will for various reasons, you can legally contest it in a court of law. Engaging the services of top Wills lawyers can help increase the likelihood of a decision in your favour. However, it’s important to note that the decision of the court is final and binding and cannot be disobeyed or violated by the applicant or beneficiaries.

A Will may be contested for several reasons as described below:

  • You suspect that the testator (the individual making the Will) lacked capacity at the time when he or she drew up the Will. This could be due to mental or physical infirmity. Health conditions such as Alzheimer’s, dementia, alcohol addiction etc may result in lack of capacity.

3 Tips On Making It Through Your Divorce In One Piece

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April 15, 2017

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 family lawyers.  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 (online reviews of lawyers actually exist and they’re extremely helpful).

Make a Decision (before you start)

There are many outcomes of divorce proceedings, and many reasons for filing for divorce.  It’s important to understand two things:  what are YOUR reasons for divorcing, and even more importantly, what do you WANT to happen.

It’s critical to make this decision up front for several reasons: first, if you can effectively communicate what you want to your attorney they can fight for that outcome.  However, if your attorney thinks you want to divorce, but you really just want to eventually reconcile, you’re headed for a disaster.

Think about the details because they will matter.  Do you want maintenance (that’s the modern word for ‘alimony’)?  If so, how much?  Is there property you want and feel entitled to?  Make sure your family lawyer knows what that is quickly.

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 qualified property lawyers 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.

Do You Want to Request for Changes in Parenting Orders Issued after Divorce?

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June 14, 2016
Parenting Orders

Under Australian law, The Family Court issues orders that govern arrangements made for children in the aftermath of divorce between the parents. Top family lawyers will explain that the primary objective of parenting orders is to ensure the welfare and well being of the child.

An individual is considered a child until the age of 18. Parenting orders usually involve child custody and equal share parenting directives whereby each parent will have an equal say in major issues impacting the child. Parenting orders are in place to ensure that parenting does not get adversely affected due to separation or divorce.

The issues covered in parenting orders could include:

  • The parent who the child will live with
  • Education and health
  • Visiting hours and how much time the child will spend with each parent
  • Mode of communication between the child and the parent that the child will not live with
  • Allocation of other parental responsibilities (for example, picking and dropping of children from school and so on)

Commercial Real Estate Issues Under Australian law

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January 5, 2016
Commercial Real Estate

The regulation of commercial real estate issues constitutes one of important objectives of the present-day Australian law. In order to understand the specifics of legal regulation of commercial real estate in Australia, it is essential to review the current trends that inevitably affect and determine the nature of such regulation.

According to Property lawyers as far as Australia is concerned, the key trends influencing upon the development of law in the field of commercial real estate in the country include foreign investment environment, retail property investment environment, substantial commercial real estate deals in Australia, etc.

In relation to the first factor, it needs to be pointed out that foreign investments, specifically from Singapore, China, Hong Kong, Malaysia and Canada, into the property market of Australia, constitutes the strongest determinant of luxury hotel assets, significant office assets and residential developments. Besides, offshore investors view Australian investments as a relatively secure option as compared to other global investment alternatives. Generally speaking, occupancy rates across the Australian market are high and rental income has been stable.

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 criminal lawyers.  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.

The Meaning of Assault Under Australian law

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March 20, 2015
Assault Under Australian law

Assault is recognised under Australian law as an offence against the individual, irrespective of the seriousness of the offence. Also, Australian law prescribes various charges for the act of assault. The act of assault is always intentional and entails reasonable apprehension by the victim of immediate harm irrespective of whether the actual harm has occurred.

In this light, the offence of assault may take place, for instance, when the perpetrator aims at touching, striking, moving or applying force without the victim’s consent, or when the victim’s consent has been obtained by means of fraud or duress. As the foregoing discussion must suggest, it is irrelevant whether a physical harm has been inflicted on the victim of assault, because a mere attempt to attack or a threat of force suffices. It is extremely interesting to note that assault may also be committed if the perpetrator utilises heat, light, odours, electricity, or any substance in order to cause personal inconvenience or injury to another individual.

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 such as Davies & Co Lawyers 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.

If you are guilty, then you need to provide police with the information that they have a right to – your name, address, phone number, etc… – and then say that you want to see your lawyer. The Criminal Lawyers with a wealth of knowledge and experience will know the processes involved and will be able to help you get the best out of your situation.

Stressed about Violation of Business Agreement?

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May 20, 2013
partnership agreement

Commercial Law Experts can help you understand your Rights

A partnership is an agreement between individuals who wish to finance and operate a business together. Reliable commercial lawyers are happy to guide clients who are facing anxieties and problems related to partnership agreements. In general, partnerships have certain advantages over sole proprietorships. Multiple partners may be able to raise more money than a single individual and their borrowing ability will be greater. Moreover, partners often bring their own skills to a business. In addition, employees may be more motivated if given the incentive to become a partner. You will enjoy shared management and control of the business.

A partnership agreement is a legal contract that clearly describes and lists all the duties and obligations of the partners in the business. In general, partnership agreements tend to be rather complex because the document has to include potential business situations and corresponding solutions. The absence of a partnership agreement is likely to result in confusion, stress and delay over distribution of assets and settlement of debts and so on.

Legal Dimensions of Separation Under Australian law

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November 13, 2012
separation Under Australian Law

According to experienced Australian lawyers, 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.

Losing Sleep over Divorce Proceedings?

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March 17, 2012
Divorce Proceedings

Cooperation can help reduce Legal Costs

Every divorce case is different and unique. Competent family lawyers can help resolve problems related to divorce proceedings. Some cases are easily settled while others take time and tend to become acrimonious. As a general rule of thumb, cooperation and collaboration play a crucial role in reducing legal costs and minimising valuable time spent haggling over funds, monies and property. The more time spent in court, the higher are the costs that both parties are likely to incur. Divorcing spouses must consider costs involved for filing various motions in Family Court, paying for mediation services as well for other legal services.

Unfortunately, many divorcing couples have a tendency to make decisions or communicate in a way that is driven by emotion and ego rather than calm rationale and logic. This sort of approach not only results in increased costs, stress and worry but also has an adverse effect on children (if any).  Divorce can be an emotionally, legally and financially challenging experience and it’s a good idea to work towards resolution rather than litigation. Read on for a few important facts regrading the process of divorce in Australia: