Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
Due to the complexities associated with drugs, alcohol and family violence in property settlement matters, there is no ‘one size fits all’ approach. Seeking experience legal advice will help protect your financial interests.
Many people do not think about superannuation when it comes to negotiating property settlement after separation. However, it is often a significant asset of a relationship and should be considered when dividing property.
The misuse of drugs and/or alcohol and the existence of family violence can have a significant impact on parenting proceedings. It’s crucial that your case is being managed properly and any risk to the children is appropriately addressed.
Generally speaking, parenting plans are entered into in a less formal way and are cheaper than parenting orders. They are not, however, legally enforceable.
A litigation guardian is someone who acts on behalf of a person who is a party to Court proceedings, who cannot act for themselves due to mental or physical disability.
As part of a family provision claim (contesting a Will or estate), you will be required to participate in a mediation to try to resolve the dispute outside of court.
We explore how estrangement is treated in family provision claims, and what a Will-maker may be able to do to protect their assets from potential claims contesting a Will.