It has long been the case that fault or behaviour on the part of either person is not relevant to the granting of a Divorce in Australia.There is one ground for the grant of a divorce which is that a marriage has irretrievably broken downand the only evidence in support of that is that the parties have lived separately for at least 12 months prior to the application for divorce is made.
With regards to the basis for a property settlement, the conduct of either spouse is very unlikely to be relevant. (We often get asked if this is the case, and in the majority of situations, conduct is simply not a relevant factor).
Whilst the development of Australian law owes much too English law in this respect, there is a difference between the position in Australia and that in England and Wales. At the time of writing this article (July 2018), a case is proceeding to be heard in the High Court in Englandand Wales in which the wife is attempting to overturn on appeal the decision made by two lower Courts to refuse her application for divorce.
Marriage divorce
In this unhappy situation, the parties were married in January 1978 and they separated in February 2015. The wife applied for a divorce on the basis of her allegations of her husband’s unreasonable behaviour. In England and Wales a divorce application can only be made on one of five grounds which are;
Unreasonable behaviour;
Adultery;
Two years separation with consent;
5 years separation without consent;
Desertion;
Even though the wife herself admitted that she had had an affair, she could not use that as the basis of her petition for divorce. She, therefore, alleged unreasonable behaviour on the part of the husband.
Both parties don’t agree…
However, the husband appears to take the view that he does not wish to be divorced, notwithstanding his wife’s conduct, and he has chosen to defend the application for divorce, so far with some success. The judge who dealt with the case in the first instance described the allegations of unreasonable behaviour as, and I quote, ‘anodyne, flimsy and lacking beef’. The Supreme Court of England and Wales is the highest Court and therefore the last chance for the wife to appeal the decision to refuse her application for a divorce.
Whilst there may be ways in which the Family Law system in Australia could be improved, at least in Australia it is not necessary for the parties to a marriage to make allegations of unreasonable behaviour or adultery if they wish to get a divorce.
For straightforward, down to earth honest family law advice, contact the team atAylward Game Solicitors. Call 1800 217 217 for more information or advice on your matter.
Property Law Transactions and Conveyancing Matters
We, at Aylward Game Solicitors, are ideal for you whenever you are seeking general or specific property law or you would like to engage in a certain property law transaction. Founder Mark Game who is extensively experienced in broad ranges of property law and conveyancing matters will advise you on the following issues.
Interpretation and effects of the whole or a part of the contract, the enforceability of the contract, the ability to terminate a contract, and the party rights and obligations as stated in the contract.
Actions you can take to protect your legal orproperty rights in family law such as preparation and registration of caveats, recovering your property from ownership of another party due to termination of their rights. He will also help you in maximizing your compensation when your property is resumed by the governmental authority.
Interpretation, preparation, and effects of easements and covenants affecting your property.
Ways to conduct due diligence and inquiries and provide reports that will guide you as you progress to making a contract.
Property Lawyers Brisbane
As its name refers, the property lawyer is an expert in property laws. This lawyer must have excellent proficiency in the Construction and Housing Code. It is possible to find this lawyer Aylward Game Solicitors. Like lawyers in foreigners’ law, lawyers in family law, or lawyers in labor law, this professional is established in different Brisbane areas at Aylward Game Solicitors.
The lawyer working in the property must master the aspects of private, public property laws and property law act, and the Town Planning Code. Also, property laws are a branch of law that contracts with the sector relating to the property.
The property lawyer is a skilled lawyer who resolves cases related to property. His intervention is crucial when his client’s liberties are threatened or faced with a complicated situation.
A property lawyer is frequently utilised in the event of a property dispute, particularly in the division of an inheritance. The field of intervention of this lawyer is not limited to conflict determination but can extend to several areas associated with property laws.
The best property lawyer Brisbane can, in some examples, play the part of the mediator so that the parties in conflict settle the case amicably and prevent legal opportunity.
Continue to more detailed information on Conveyancing and other Property Transaction Processes including Buying Property within a Self-Managed Superannuation Fund.
Our legal system has many different types of courts. Each court generally handles a different type of law. For example, criminal matters are generally all handled in criminal court.The civil court handles what people tend to think of when they think of a lawsuit – things like breach of contract or malpractice. There are many other courts as well, such as small claims, traffic, and probate.
The courts have different levels. we have a superior court or trial court, the Courts of Appeal, and the Supreme Court. The superior court is where cases based on state law start. If there is an appeal from the superior court judge, it then moves up to the Court of Appeal. If that judgment is appealed, it may go on to the Supreme Court. The Supreme Court also sometimes takes certain other types of cases, though it is less common. There are also federal courts, which handle cases that are brought under federal law instead of state law.
Family court is in the superior court or trial court level and uses civil law. Family court hears all matters based on the Family Code, which is the part of the law that relates to family issues. This includes marriage, divorce, custody, support, property, domestic violence, and adoption. Some counties have courthouses that are entirely dedicated to family law, such as Santa Clara County. Other counties have courthouses that hear multiple types of cases but have courtrooms or departments dedicated only to family law.
In counties with a lower population, multiple types of cases may be combined in one courtroom. Some counties also separate out certain issues to be heard in a different department. This is common for domestic violence issues and child support. This means that one judge might hear a restraining order request, but if the parties are also divorcing, a different judge may hear the rest or one judge will make the child support order and a different judge will handle everything else, like property division.
For information on your venue or other questions please call1800 217 217 for more information.
Buying and Selling Commercial Real Estate
This process takes many forms due to differences and restrictions on the potential use of your commercial property as well as location, and cultural significance. This makes it essential to ensure that your interests are catered for in the contract terms and conditions. You need to find a legally qualified person to handle the conveyancing for your sale or purchase, however should you search for a property conveyancer near me or property solicitors near me or some other term? Conveyancer near me is very often the first thing you search for online when you’ve either had an offer accepted and/or you accepted an offer regarding selling a property.
Here at Aylward Game Solicitors, we will help you in the preparation of the following documents that are needed in all contracts.
Standard form REIQ commercial land and building contracts with tailored special conditions to suit your requirements.
Special purpose property contracts.
Development contracts for proposed acquisition of properties for either development or subdivision.
Contracts where part of the purchase price is funded by an array of vendor finance arrangements.
Commercial leases that include Retail Shop leases
Commercial leases (for landlords and tenants) including Retail Shop leases
We have the knowledge and experience in leasing transaction requirements hence we will help you in case you are the landlord, tenant or assignee as well as on your commercial, industrial and retail properties.
RESIDENTIAL CONVEYANCING
Residential Conveyancing Expertise
We, at Aylward Game Solicitors, will provide you with the necessary legal advice and services that relate to your residential conveyancing requirements including preparing contracts and contract special conditions.
Buying and selling of a residential or an investment property is a great financial transaction that needs to be taken seriously.
This is because property conveyancing transactions generate complex rights and obligations that affect the parties involved and have adverse effects if they are not taken into serious consideration. Aylward Game Solicitors will help you in the protection of your rights and obligations.
LEGAL EXPERTS IN BRISBANE CONVEYANCING
Founder Mark Game, Conveyancing expert in Brisbane, experienced in a wide range of conveyancing issues that include selling and buying of existing houses, residential units, and townhouses. They also deal with new houses and the purchase of property within a self-managed superannuation fund.
They will advise you on the advantages of the self-managed superannuation fund and the penalties associated with non-compliance. They will also ensure that you undertake your transactions correctly so that you can enjoy the advantages of using the funds fully.
Finally, we at Aylward Game Solicitors are obliged to ensure your transactions are documented properly using the right documents before being stamped, and ensure that the ownership of properties is registered to the right entities.
SMSF PROPERTY
Buying Property within a Self Managed Superannuation Fund There is a marked increase in the number of investment properties being purchased within a Self Managed Superannuation Fund, and there can be many advantages to utilising this structure.
However, the penalties for non-compliance with the Superannuation Industry Supervision Act can be very significant. It is vital to ensure that these transactions are undertaken correctly, otherwise, the tax advantages of using this structure may be lost.Looking to Find A Conveyancer in Brisbane? We have experience in all areas of Property-Law in Brisbane including property contract termination to ensure that these transactions are properly documented, the right documents are properly stamped and the right entities are registered as owners of the property.
A good place to begin is by asking for recommendations from friends and family, as well as your real estate agent, accountant or lawyer. You can look for local services, search “conveyancer near me” or “cheap conveyancing”.
To discuss your matter, please contact us at your earliest convenience for a Free Case Review.
Looking to save money and get cheap conveyancing cheap conveyancing cheap conveyancing cheap conveyancing in Brisbane?
Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.
WHEN CAN YOU USE MEDIATION?
Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.
Family Law Mediators Brisbane
Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.
Mediation can be used to address:
Custody and visitation
Child support
Spousal Support
Property distribution in divorce
School enrollment
Disagreements over medical treatments for the children
Post-judgment modifications to custody and visitation orders
Civil Justice for Victims of Crime
Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.
When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.
THE MEDIATION PROCESS
For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.
On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).
WHEN MEDIATION WORKS BEST
Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:
Come Prepared With the Information They Need to Make Key Decisions
It is best to do your homework before coming to the mediation table. In the family law context, this could include:
Creating a spreadsheet with all your financial accounts and retirement assets,
Collecting credit card and bank account balances
Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
Vetting schools or child-care facilities and finding out whether they have a space for your children
Creating a household expense budget for use in deciding an alimony award
Identifying therapists or other experts that may help meet case-specific goals
In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:
Identify desired results
Gather supportive and compelling evidence to support your claim of damages in a civil case
Keeping the Focus on Practical Solutions for Recovery
If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.
It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.
WHEN MEDIATION DOESN’T WORK
Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.
When Do Things Go Wrong?
Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.
Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.
In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.
Preparing an Estate Plan and Will is one of the most important documents you will deal with in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult and expensive family law issues to resolve.
An up-to-date Estate Plan or Will allows you to;
Decide how your assets will be distributed after your death;
Choose who you want to manage the distribution of your estate;
Provide for your family as you wish;
Possibly save money on tax;
Ensure your Superannuation and Life Insurance is dealt with as you wish; and
Ensure any trusts or companies are properly managed.
Just as important as a Will is a Power of Attorney. A Power of Attorney is a legal document authorising another person to act on your behalf in managing your affairs. There are two types of Powers of Attorney;
General Power of Attorney. If you give someone General Power of Attorney, that power will come to an immediate end if you lose capacity; and
Enduring Power of Attorney. If you give someone an Enduring Power of Attorney, this means that he/she is able to continue to act as your attorney even if you lose capacity.
Often we review this at the same time as when discussing Wills.
In addition to your Will or Power of Attorney, you can consider an Advance Health Directive. This document states your wishes or directions regarding your future health care for various medical conditions. Your doctor will need to complete certain sections of this form, so it is important to discuss your intentions with them.
An Advance Health Directive comes into effect only if you are unable to make your own decisions, and speaks for you when you are not able to speak for yourself.
BRISBANE WILLS PREPARATION
WILLS, they aren’t always as simple as you may think they are. Yes, there are will kits around and you could save yourself money by doing it yourself. But have you included everything in your Will? Do you know the law in relation to Wills and Estate Planning, do you know how to draft the documents to ensure that your wishes are properly and accurately reflected in the documents that you sign. These are some of the questions to ask yourself.
Here at Aylward Game Solicitors, we have the experience to ensure you have properly addressed all your wishes. For example, gifts, have you ensured those collectable stamps will be left to the right person. Has your superannuation been set up correctly and do you understand how it is treated when it comes to your estate? It could be a simple Will or it could be a complex one and unless you speak to a professional, you may miss that crucial information. When you instruct us to take care of your Will preparation on your behalf, you will have the peace of mind of being aware that the complex issue has been handled efficiently and is also written in a language you understand.
We will even safely store the documents for you as an extra service at no additional cost. So contact Aylward Game Solicitors today and get your Will and Estate Plan reviewed prepared professionally to give you peace of mind. We will also visit you if required.
GENERAL POWER OF ATTORNEY
Preparation of General Power of Attorney
A General Power of Attorney is a document you can use to appoint someone to attend to your affairs (like financial decisions) when you are unable to for example, ie, if you were overseas. It is often used for a specific period of time or event such as selling a house. It is only used while you still have the capacity to make decisions. Once you lose the capacity to make decisions, the General of Power of Attorney ends.
Aylward Game Solicitors can assist you to decide who you are going to appoint as your attorney and help you through the procedure of what powers to provide the attorney and make ready the documents for you as well as witness your signature.
It lets you appoint individuals who you know and trust to make prudent decisions on your behalf. It is critical to choose the right people and to ensure that you give them the right powers at the time that they will need to use them.
ENDURING POWER OF ATTORNEY
Preparation of Enduring Power of Attorney
An Enduring Power of Attorney is a document that allows you to appoint an attorney or attorneys to act on your behalf for the purpose of financial and personal matters. It can come into play straight away, a certain date or when you lose the capacity to make your own decisions.
The power to make personal decisions made by your appointed attorney will only commence once you have lost capacity.
Aylward Game Solicitors can help you decide who is the best person to be your attorney to make these decisions then get the documents ready for you as well as witness your signature.
Enduring Powers of Attorney Revocation
Enduring Powers of Attorney are often attended to at the same time as discussing your Will.
It is also very important that if you have an Enduring Power of Attorney and are making changes, then you sign a Revocation of Enduring Powers of Attorney to properly revoke all previous Enduring Powers of Attorneys.
ADVANCED HEALTH DIRECTIVE
An Advanced Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions.
You can make an Advanced Health Directive if you are over the age of 18 and have the capacity to do so.
You can make an Advanced Health Directive at any time, however, it may be particularly important to consider one if:
You are about to be admitted to hospital;
Your medical condition is likely to affect your ability to make decisions;
You have a chronic medical condition that could result in serious complications, for example, kidney or heart disease.
It is important to discuss this with your doctor, as part of the Advance Health Directive Form must be completed by a doctor. It is also important to discuss your wishes with your family.
You can change or revoke your Advance Health Directive at any time, provided you still have the decision-making capacity to do so. It is recommended that you review your directive every two years, or if your health changes significantly.
ADMINISTRATION OF ESTATES
Brisbane Estates Administration
When you are faced with the work of administering an estate as the executor, you may keep away stress, avoid complications and the time it will take by hiring Aylward Game who can take care of the process on your behalf. You remain in control, but Aylward Game will handle all the difficult matters for you.
If there is no will we are able to advise and assist you in relation to the intestacy rules and if necessary we can prepare and submit the application to the Supreme Court of Queensland for the grant of letters of administration.
We will prepare the application to the Supreme Court of Queensland for the grant of probate when one is needed and help you concerning intestacy rules if and when needed. We may prepare plus submit your application to the Supreme Court of Queensland for grant of letters of administration.
For advice and help concerning the Estates Planning Administration, Wills and Enduring Powers of Attorneys, you may contact Ian Field on 1800 217 217 today at Aylward Game Solicitors.
