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11 Questions To Ask Your Divorce Lawyer At Your First Meeting

The process of divorce needs just as much serious consideration and preparation as the marriage that preceded it – if not more. In the midst of the hurt and confusion you’re feeling at this moment, it’s important to think and plan as clearly as possible, in order to get the best outcomes. With that in [...]

By |2021-02-16T15:13:43+10:00February 16th, 2021|Personal, Uncategorized|

Must-Read Marriage Advice From Husband & Wife Divorce Lawyers

I take a deep breath. The music starts. And I begin walking down the aisle towards my soon to be husband. Next minute, we’re in Bunnings fighting about a light fitting. That’s marriage… right?! The best moments of your life, interspersed with a partner who hogs the blankets, can’t decide if they’re hungry or not [...]

By |2021-02-09T09:24:24+10:00February 9th, 2021|Uncategorized|

Co-Parenting At Christmas – Your Options For A Stress Free Holiday Season

It’s the time of year that we’re supposed to fill with fun, friends and family. And the fourth “f” of the season is supposed to be for “food”… not that other 4 letter “f” word. So, how do you peacefully divide the Christmas period when you both want to share this time with your children? [...]

By |2020-12-18T09:39:07+10:00December 18th, 2020|Parenting|

Negotiating Parenting Arrangements – Without Going To Court

You know your child better than anyone else which is why it is important to attempt to resolve any dispute with your partner parent without having to go through the Court process - which can be very slow and costly. Once agreement is reached, you can formalise the agreement in two ways: A Parenting Plan [...]

By |2020-12-16T17:22:23+10:00December 16th, 2020|Parenting|

I’m separated. Should I stay in the family home? Or should I go?

You and your partner may have recently separated, or perhaps you are considering separation, and you are questioning what will happen with the family home. Who will stay? Who will go? Who will pay the bills? Questions such as these frequently arise here at Nolan Lawyers, so we have taken the time to answer them [...]

By |2020-11-30T17:22:27+10:00November 16th, 2020|Uncategorized|

Do I have to pay spousal maintenance?

When establishing whether you have to pay spousal maintenance or whether a party has a right to receive spousal maintenance, the Court first applies a twofold threshold test: Does the payer have the capacity to pay? This can also be framed as – is the payer reasonably able to pay after their own reasonable living [...]

By |2020-11-20T10:23:36+10:00November 16th, 2020|Uncategorized|

That’s not fair! The truth about dividing your assets during a separation

What happens if you have separated from your partner, you are in the process of negotiating your property settlement and you win the lottery? Surely, your former partner should not be entitled to any of your lottery wins. You were separated right? Well, unfortunately the law may not be on your side with this one. [...]

By |2020-11-20T10:23:31+10:00November 16th, 2020|Uncategorized|

Why should I formalise my property settlement?

Don't fall into the trap of not formalising your property settlement when you already have an agreement with your former partner, or you have no significant assets to divide, such as a house. But why engage lawyers and spend money when you already have an amicable agreement? Or why formalise a property settlement when there [...]

By |2020-11-20T10:22:47+10:00November 16th, 2020|Uncategorized|

How do private child support agreements work for separated parents?

Separation is seldom an easy process and working through the best outcome for everyone is important, especially when children are part of the picture. One of the many challenges couples face when deciding to split is the ongoing support of their kids. Most parents rightly make this their priority, however sometimes the circumstances can be [...]

By |2020-10-16T13:18:24+10:00October 1st, 2020|Uncategorized|

Your essential checklist when getting a divorce

Ending a marriage is a very difficult time for couples, so having a clear plan and understanding of what’s involved will reduce stress and result in the best outcome for you and your family. It’s perfectly normal to feel overwhelmed by the number of steps involved, from finance to custody, property to income, and having [...]

By |2020-10-16T13:06:52+10:00September 23rd, 2020|Uncategorized|

Does an Apprehended Domestic Violence Order (ADVO) prevent me from seeing my children?

Where domestic violence occurs within a family, the absolute priority is ensuring the safety and wellbeing of the other partner and their children. One option is to have an Apprehended Domestic Violence Order (ADVO) taken out against the abusing partner. In most cases, if you have been issued an ADVO, you will still be allowed [...]

By |2020-10-16T13:25:06+10:00September 10th, 2020|Uncategorized|

Stamp Duty Exemptions in Family Law Property Settlements

One of the most common questions we receive as family lawyers is whether it is necessary for parties to a marriage or de facto relationship to formalise their property settlement when they have reached an agreement about who will retain the property.  The answer is yes! If there is a property that is required to [...]

By |2020-08-26T21:56:25+10:00August 26th, 2020|Uncategorized|

Divorce

Deciding to end a marriage is an incredibly difficult decision and can cause both parties a considerable amount of emotional stress. Common misconceptions One of the most common misconceptions in family law is that a “Divorce” includes your property settlement and/or parenting arrangements for your children.  The Application for Divorce is in fact entirely separate [...]

By |2019-06-28T08:49:11+10:00June 28th, 2019|Uncategorized|

Mother’s Day for Separated Mums

This Sunday we celebrate Mother’s Day. It is an opportunity for everyone to pay tribute to all mother figures in their lives and thank them for all their love and support. For separated or single mothers however, this day can come along with its own set of problems. Mother’s Day may be an upsetting and [...]

By |2019-05-07T11:41:34+10:00May 7th, 2019|Uncategorized|

The move to Electronic Conveyancing

On 1 July 2019, electronic conveyancing will be compulsory in New South Wales. Electronic conveyancing provides a quick, simple way to complete the purchase or sale of property. What is electronic conveyancing? Electronic conveyancing is a conveyancing transaction where solicitors and conveyancers settle electronically through the platform provided by Property Exchange Australia Limited (PEXA). PEXA [...]

By |2019-06-28T09:32:04+10:00May 7th, 2019|Uncategorized|

Appointing an Enduring Guardian

An enduring guardian is an individual who is given authority to make decisions on your health and lifestyle decisions, on behalf of yourself, in the instance where you are no longer able to make those decisions. This is distinct from an enduring power of attorney who, in the same instance, manages your financial and legal [...]

By |2019-04-03T10:48:38+10:00April 3rd, 2019|Uncategorized|

Financial Disclosure in Family Law

Parties involved in a Family Law matter have a duty to disclose to the court and to the other side certain financial information which is relevant to an issue in their case, which is in their possession or which they have authority or ability to contain. This is called the “duty of disclosure” as set [...]

By |2019-02-15T08:11:38+10:00February 15th, 2019|Uncategorized|

Family Law and Dads – Understanding your Rights

Going through a separation is never easy, particularly when there are children involved.  It is not possible for care arrangements to continue as they were when parties were together, and it is often difficult to come to agreement that both parties are happy with, particularly where there has been conflict.  Sadly, it is often the [...]

By |2019-01-25T12:31:24+10:00January 25th, 2019|Uncategorized|

The Family Court and de facto relationships

Over the last decade an increasing number of Australians are living in de facto relationships, while marriage rates have fallen. Reflecting this societal change, the law was changed in 2009 (2002 in Western Australia) so that the same law now applies to separating de facto couples as applies to separating married couples. That is, any [...]

By |2019-01-25T12:05:50+10:00January 25th, 2019|Uncategorized|

The process of obtaining Probate

Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and enables the executor to legally deal with the assets of the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and liabilities, liaise with debtors, creditors [...]

By |2018-12-12T09:18:10+10:00December 12th, 2018|Uncategorized|

Executing documents on behalf of a Company

There are a number of ways that a document can be signed by a company and it is important that all directors are familiar with the formalities that need to be adhered to when executing documents. It is essential that all documents signed by a company are executed properly to create legally binding agreements that [...]

By |2018-12-12T09:01:41+10:00December 12th, 2018|Uncategorized|

What happens if your property is damaged before settlement?

This article explores the legal position of a purchaser and vendor when a property that is the subject of a sale is damaged after exchange of contracts but before settlement. The information in this article is equally relevant to both parties involved in a residential conveyancing transaction. The passing of risk The time that risk [...]

By |2018-12-12T08:55:31+10:00December 12th, 2018|Uncategorized|

Important things to consider when buying a business

If you are considering buying a business there are many things you need to do from a legal, financial and general business perspective.  Getting the right advice from the outset is important. The structure of and issues involved in the sale are quite different if you are buying the business assets only, compared with the [...]

By |2018-10-29T14:12:03+10:00September 24th, 2018|Uncategorized|

DIY Will kits – why it’s a bad idea

It is relatively easy to find a free Will template on the internet and fairly cheap to buy a Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required. So, is it really a [...]

By |2018-09-24T15:38:33+10:00September 24th, 2018|Uncategorized|

Was it a loan or a gift? – Big difference!

Housing affordability is a big issue for young Australians. When discussing that issue recently, the Prime Minister infamously remarked that the solution is for parents to “shell out” to help their children buy a home. For those lucky enough to have parents able to assist them financially in adulthood, whether by helping them into the [...]

By |2018-10-29T14:12:03+10:00September 24th, 2018|Uncategorized|

Powers of Attorney Explained

A lot of people have heard of a Power of Attorney however most people do not fully appreciate the extent of the document’s power, its benefits or the types of Powers of Attorney that exist. A Power of Attorney is a useful, and often, necessary legal document used to allow someone to handle your financial [...]

By |2018-10-29T14:12:03+10:00July 9th, 2018|Uncategorized|

Understanding Spousal Maintenance

It is not widely known that when we enter into a marriage or de facto relationship we may be liable to maintain our spouse or de facto partner or, on the other hand, receive maintenance in the event that the relationship breaks down. The responsibility to financially assist your spouse or de facto partner or [...]

By |2018-10-29T14:12:03+10:00July 9th, 2018|Uncategorized|

Guide to Buying Commercial Premises

Buying a commercial property (such as a warehouse, office building or retail space) is more complicated than buying a residential property. There are complex contract terms, detailed planning information and additional legal and commercial implications if the premises are leased. In this article we set out some of the key issues in relation to buying [...]

By |2018-10-29T14:12:03+10:00July 9th, 2018|Uncategorized|
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