If you have a parent or sibling who passes away, you will need to wait until probate has passed until you can perform any transactions on the family house including selling, tenanting or re-mortgaging the house. Probate is a process of advertising the dissolution of an estate and appointing an heir, which occurs when the estate is worth more than $20,000. You need to apply for probate through the Supreme Court and this process can take several weeks.
22 June 2015
If you have been charged with fraud and feel you are not guilty, there are several defences or mitigating defences that you can use. Here are some of the factors that can lead to diminished responsibility for the fraud. Are you the only one who had access? The prosecutor will have to prove that it was you that committed the crime. In the case of electronically based crime this can be a challenge, and part of the argument will rely on tracing the money and any unusual spending patterns that you have started at the same time as the fraud commenced.
26 May 2015
The end of a relationship or marriage is certainly a difficult time. It is a rough process for all parties involved, but in particular the children of the couple. If you are currently in the process of ending a relationship, it is imperative that you understand some of the primary legal issues regarding your children, so as to ensure the best case scenario for them. Dispute Resolution Is Preferable As any lawyer will tell you, the preferred course of action is always a civil resolution or settlement.
27 April 2015
Divorce is customarily an emotionally and economically draining time. Nevertheless, a professional family law solicitor can streamline the process. This article explains a number of the pivotal functions that family law solicitors perform for their clients in a divorce process. Explain Reasons for Divorce In Australia, states have ratified certain grounds for divorce that allow couples the right to file a claim for the nullification of their marital union. Fault-based grounds account for a majority of reasons behind divorces, and ideal examples include physical and emotional abuse, adultery or incarceration.
7 April 2015
In a much publicised divorce case in the United Kingdom, a woman may win over a million pounds from her ex husband, and this cash may be awarded in spite of the fact that the couple has been divorced since the 1990s and that the man earned the money after their split. Although the case isn't rooted in Australia, it brings up a lot of questions for Australian divorcees. Whether you are in the midst of divorce or decades past your divorce, here's what you need to know about delayed divorce settlements:
19 March 2015
While everyone enters into businesses with the intention of the business being a success, sometimes a business partnership comes to a natural end. Here is some advice on getting the cleanest split when it's time to part ways. Start at the start Ideally when you are setting up the business, you should obtain some legal advice on setting up the partnership. You can build into your partnership agreement sunset clauses (on how to end the partnership), as well as clauses detailing the process if one of the partners decides to leave the business.
4 March 2015
Although more often than not one partner in a marriage union is not legally responsible for the other's credit card debt, this premise relies on various aspects. Of these, the type of debt as well as when the debt was accrued, are two main considerations. Read on to find out the various legal parameters used to establish who is liable for debt between married partners. Common law principle Many states in Australia adopt common law principles to establish which spouse is accountable for debt that was accrued during their union.
24 February 2015
If you have sustained injuries from an accident and the accident was another person's fault, you should file an accident claim. Do not be afraid of pursuing the case because you cannot afford legal representation. No-win, no-fee claim policies are aimed at giving you a chance to get compensation even when you cannot afford to pay the initial fees to hire a lawyer. The following is a brief look at what no-win, no-fee claims are all about.
29 January 2015
It is wise to obtain legal support immediately if you are being questioned in relation to crime. Whether you are innocent or guilty of the crime, legal services can help ensure that you achieve the best outcome for you and your family. Legal services can help you access a translator If English is not your first language and you would be more comfortable speaking in your native language, legal services can help you access translation services.
26 January 2015
The facts and statistics around drink driving in Australia are startling. In 2013, the figure for annual fatalities was at 162 persons. Although this was a drop from the 2012 figure which was at 183, 162 fatalities is still because lives were lost. It is important for motorists to note that a blood alcohol concentration (BAC) level of 0.05 doubles your chances of getting an accident. 0.08 increases the risk of an accident by 7 times.
21 January 2015