Friday 22 December 2017

Three Family Law Cases

Today I would like to discuss mediation.

This is often used in the family law context to assist people to resolve disputes about either parenting or property settlement matters. And is a process that can be used to help people reach an agreement without going to court. It has the considerable advantage of an earlier resolution of the issues between people without the involvement of the court.

Which can be much quicker and it’s much less expensive and if you can reach an agreement through a mediated process then it has a much better chance of being a long-term successful arrangement. People do though often need the assistance of a solicitor in arranging and attending a mediation and in preparing the documents that will follow on from a successful mediation.

So it is important to have experienced and competent legal advice to prepare for and participate in the mediation process. So if you think that your situation might benefit from the assistance of an experienced lawyer to go through and participate in the mediation process. Please give us a call.

The post What is Mediation? appeared first on Brisbane Family Lawyer.



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Monday 18 December 2017

Three Family Law Cases

We are seeing an increasing number of applications to the court in Queensland for domestic violence orders.

Unfortunately, that reflects an increase in the incidence people sometimes thinks that domestic violence only includes physical violence between two people. But in fact, the definition of domestic violence in Queensland is drawn much wider. Different types of behavior and conduct ranging from repeated telephone call text messages or emails. Following people stalking people going to their place of work and can encompass other types of behavior as well including what’s being described as a financial abuse, and the like so these are important considerations if this is something that affects you. And you’d like to consider whether there’s something you can do in response to protect yourself then please do give us a call and see if we can give you some assistance.

The post What is Domestic Violence? appeared first on Brisbane Family Lawyer.



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Sunday 10 December 2017

Three Family Law Cases

So some people do need to know how to contest at will this is a complex area and it’s important to get legal advice early on there are quite strict time limits that apply and it’s important that you act quickly there are essentially two bases upon which you might challenge a will one is whether you consider that the person who made the will lacked capacity to make it or alternatively if you’re calling into question whether the provisions of the world are fair and equitable it is a complex area it is important to get legal advice. We do offer a free initial consultation so if this is something that you think might be relevant to you or people that you know please do give us a call on.

The post How To Contest a Will? appeared first on Brisbane Family Lawyer.



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Wednesday 6 December 2017

Three Family Law Cases

Often when two people separate one of them will come to see us and seek legal advice and be looking to make an application to the court given that things aren’t good between the two of you and you’re really looking to take some action to protect your interests and get what you think is fair after the separation our job as solicitors is to provide advice to you that is consistent with the law and to ensure that you’re not looking for things that are unreasonable and that you can still get what you want but it is consistent with your legal position. It’s really important to seek legal advice to figure out what the best steps to take for you are and sometimes that doesn’t involve court at all sometimes it can involve just negotiating between the two of you to try and reach a property settlement or to come up with some parenting arrangements that are suitable given all the circumstances but sometimes court does become necessary and we can take that step for you if you kind of reach agreement with your partner and you need sometimes done so that you can move on with your life.   

The post The Court Process appeared first on Brisbane Family Lawyer.



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Tuesday 5 December 2017

Three Family Law Cases

The Family law act, provides that parents are to make major decision in relation to that children together once they’ve been separated so major long-term decision, such as health decision schooling decision religious decision are to be made by parents jointly pursuant to their equal share parental responsibilities under the Family law act. So unless something significant has happened which means that it’s inappropriate for parents to consult with each other about those major long-term issues it’s appropriate for those decision to be made together our role as a solicitor can be to help guide you through that process and facilitating a relationship between you and your former partner to have those decisions made in a way that you’re not exposed to them directly but can still communicate with them in order to reach an outcome on those decision and to make decision that are the best interests of the children so it’s important to seek legal advice when you separate from your partner when there’s children involved so that you’re aware of your rights and your legal obligations and to ensure that you’re doing things that are in the best interests of the children and still consulting with your former partner about major decisions because they are a parent too and it’s important to have a co-parenting relationship if that’s possible because that’s going to help the children and the end of the day if you’d like to come in and see us for some free initial advice in relation to your family of all matter you’re more than welcome to.

The post Shared Parental Responsibility appeared first on Brisbane Family Lawyer.



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Three Family Law Cases

Court’s interesting approach to property settlement after husband murders wife

The Family Court of Australia has delivered judgment in Family Law property settlement proceedings brought by a wife who was subsequently murdered by her former husband. The former husband shot the wife resulting in her death, and also shot a friend of the wife who suffered permanent injuries as a result. He was sentenced to 25 years imprisonment after being convicted of murder, and a further 3 years for grievous bodily harm in relation to the wife’s friend.

After the wife’s passing, her estate continued the Family Law property settlement proceedings.

The friend of the wife who was shot by the former husband intervened in the Family Law property settlement proceedings. The friend had successfully sued the former husband in separate civil proceedings and was awarded damages plus interest and costs amounting to $2.5 million.

In the Family Law proceedings, the Court found that the husband was entitled to 65% of the property of the deceased wife and the husband. This was based on substantial initial financial contributions made by the husband to the relationship.

Ultimately, the Court found that it would not be just or equitable for the husband to receive this share of the property of the husband and wife (given that he murdered the wife). The husband’s share of the property pool was paid to the wife’s friend in satisfaction of part of the judgment debt awarded to her in the civil proceedings.

A Just Settlement

Ordinarily, the position at law is that a criminal cannot profit from their crime, nor can they receive property gifted to them by their victim as an inheritance. This judgment has raised concerns about what might happen if a similar set of circumstances arose and there was no third party with an interest in receiving the husband’s entitlement to the property pool. It is interesting to note that the Court found the husband was still entitled to this share based on a consideration of the respective contributions by the parties to the relationship, but only upon considering the “justice and equity” of the decision was it found the husband should not receive his share.

How would the Court approach this if the wife or husband was murdered by the other, and no other person could justify an entitlement to the murderer’s share of the property of the husband wife? Would the Court find that the murderer’s share should form part of the estate of the victim?

If you have a Family Law query or need assistance in navigating a matter you may be facing, please reach out to our team on 1800 217 217 or contact us.

The post Husband Murders Wife For Property Settlement & Gets Just Settlement appeared first on Brisbane Family Lawyer.



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