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Table of Contents Prenuptial Agreement Australia Natives Can Benefit From Knowing Its Advantages ---------------------------------3 What To Expect From Family Law Specialists --------------5 How Estranged Couples Can Benefit From Mediation Services hat To Expect From Family Law Specialists -----7 Separation And Divorce The Initials Steps You Have To Take ------------------------------------------------------------------9 Estate Planning Australia Law Experts Outline The Benefits Of Planning Ahead -----------------------------------11 Family Dispute Resolution A Sensible, Cost-Effective Approach To Resolving Conflicts ----------------------------13 What You Can Do When Getting Family Law Advice ---15 What You Need To Know About A Binding Financial Agreement --------------------------------------------------------17 How To Resolve Issues On Child Custody -----------------19 How To Get Good Legal Representation When Going To Family Law Court ------------------------------------------------21
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Prenuptial Agreement Australia Natives Can Benefit From Knowing Its Advantages
According to statistics released by the Australian Institute of Family Studies, there has been a marked increase in the number of people getting divorced after 20 years of being married. When people get engaged and marry, divorce is the last thing they have in mind. Caught up in their emotions, couples make grand plans about their future. However, not all fairy tales end up in a happily-ever-after state. As some people would dare say, love may be blind, but hindsight has a clear vision. When marriages end in divorce, they find their financial situation in a sorry state. This underscores the importance of a prenuptial agreement. Australia allows both couples who intend to get married or live together to enter this binding agreement. And no, prenuptial agreements are not just for A-list celebrities. You, too, can benefit from having your future husband or wife sign one. A prenuptial agreement provides a measure of certainty, particularly when the couple choose to go their separate ways or when one partner dies. It is also a practical way to ensure that the interests of one partner are protected. For example, one partner has to pay for the support of children from a previous marriage; the agreement ensures that the other's partner's assets are not used. Conversely, if you have family heirlooms that you want to hand down to your children from a previous marriage, the agreement can help ensure that these family treasures get to the person they are intended for. Another good example is when one partner has incurred debt prior to the marriage; with a prenuptial agreement, the other partner is assured that his or

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her finances or assets are protected. If your family owns a business, a prenuptial agreement is a good way to ensure that your family retains control of it. Finally, and probably most important of all, a prenuptial agreement can make the whole process of divorce quicker and less stressful as estranged couples do not have to get into a long-winded fight about who gets what. In turn, this can also mean less cost as compared to a long-drawn-out legal battle. It is but natural for couples who are in love with one another to initially ignore a lot of things and to accept their partners, faults and all. However, it is a prudent measure to protect ones interest through a prenuptial agreement since no one can really have a full glimpse of the future. To learn more about prenuptial agreement Australia, check out Westminster Lawyers.

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What To Expect From Family Law Specialists

There are many specialisations available for those who seek to practice law, including Criminal Law, Patent and Intellectual Practice Law, Constitutional Law and Business Law. But if there is one area of specialisation that has a great impact in the personal lives of people, that would be Family Law. Specialists must not only be well-versed in the peculiar aspects of this area but must also take into account the strong emotions that come into play. For a lawyer to have an accreditation from the Law Institute of Victoria or LIV and be called a Family Law specialist, a lawyer must be in practice for at least five years and must pass a series of three examinations. He or she should then provide the LIV with written documentation of further study and training annually. In the publication "Best Practice Guidelines for Lawyers Doing Family Law Work," the Family Law Council and Family Law Section of the Law Council of Australia, both bodies have outlined how a family law specialist should conduct his or her practice and how to deal with clients. Because of the sensitivity of the issues associated with Family Law, practitioners should always approach each case in a conciliatory manner. Specialists should take particular care in minimising risks and emotional distress particularly in areas where children are involved. Practitioners of this area of specialisation should, at all times, avoid fanning hostility and ill will among both parties involved. Instead, they should encourage their clients to be careful about what they disclose to their children as this can have an effect on how well they handle what may already be a volatile situation. In addition, clients should be advised to be at least civil in dealing with their estranged spouses.

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In dealing with their clients, specialists should be able to provide them with an objective perspective regarding the problems at hand. This is especially valuable since majority of the persons with cases pertaining to Family Law suffer both from emotional and mental distress. That will mean looking at the issues, the options the client has, and the possible outcomes of each option. When speaking with clients, specialists should make sure that they communicate in such a manner that is free of jargon and can be easily understood. Unlike other specialisations in law, Family Law demands both technical proficiency and an understanding of human emotions. This enables them to guide their clients more effectively in a situation full of confusion and uncertainty. To learn more, look for a website that offers family law specialists services.

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How Estranged Couples Can Benefit From Mediation Services

Going through separation or divorce is possibly the worst situation one can get into. Apart from its impact on both the finances and emotions of the estranged couples, children are often caught in the crossfire. And while couples may recover in due time from this hardship, children are usually ill-equipped to handle this type of situation, particularly if couples resort to lengthy court proceedings. Instead of elevating a case to a Family Court, experienced lawyers will often advise their clients to take advantage of mediation services as outlined in the Family Act. Even if you are not keen on resolving issues between you and your former partner, going through the family dispute resolution is a mandatory requirement for an application for parenting order. But why should you really consider going through mediation? With the help a mediator, estranged partners can shift from an adversarial approach that is often associated with divorce proceedings towards a more civil, if not conciliatory, approach. An experienced mediator will help both of you keep your emotions in check whilst helping the both of you come up with a solution to your varied woes in a creative manner, thus lessening negative feelings and enabling both of you to move forward into a new life separate from one another. In fact, the end goal of mediation is finding solutions with the mediator acting as impartial arbiter. This is done by allowing both parties to present their own view of the issues at hand without resorting to the blame game.

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Among the major issues a mediator can help with you are the division of both assets and liabilities and issues regarding the care and support of your children. As compared to going to court where a judge can impose rulings for both of you to follow, agreements reached between both parties in the mediation process are based upon mutual agreement and understanding. Going through divorce or separation, your ultimate goal would be to begin your life anew as quickly as possible without compromising your own and your children's interests. Mediation is a viable alternative to litigation as it is a less costly and less adversarial path to solving disputes. It can provide the structure that is often lacking in casual or informal negotiations between estranged couples. Should you find yourself contemplating about going through divorce or separation or if you are going through the process, consult your lawyer about mediation. Check out Westminster Lawyers for more information on mediation services.

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Separation And Divorce The Initial Steps You Have To Take

When couples become engaged and get married, separation and divorce are the last two things that they have in mind. Instead, they start building up their dreams anchored upon a shared vision children, a family wagon, a nice home in the suburbs. However, recent statistics show a marked increase among these two, not only in Australia, but in other parts of the world. People always hope that their union will last forever, but through unseen circumstances like cheating or emotional and physical abuse, each partner must go their separate ways. This is why most people who go through a divorce or separation are often caught unaware, leaving them more angry and confused. If you are contemplating separating from or divorcing your partner, here are some of the initial steps you have to take to protect your interests. The first thing that you have to look into is your finances as your first goal would be to build a life separate from your estranged partner as quickly as possible. If you have joint accounts, it is best to have these frozen. The same thing goes for assets that are jointly owned. If you have investments or debts, this would be the best time to take note of what you own and owe. If you are renting out a property and the agreement is under your name, make sure to talk to your landlord and inform him of your situation so that you will not be caught unaware of any unpaid rent that you will have to shoulder. In all of these, it is also a good idea to note important dates and events as one of the requirements for applying for divorce is that the couple should have been separated for at least a year.

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After these initial steps, the next important step is getting all of your financial documents in order. This includes your credit card bills, investments, tax records, insurance policies and records of your savings account. If you have made a will or have taken out an insurance policy, this is the best time to update them. With just one stream of income to rely on, this is also a good idea to have a thorough look at your expenses against your take-home pay and make the necessary adjustments. You will also have to find an agreement between you and your spouse regarding the care and support of your children if you have any, particularly about child support. In all of these aspects, it is a good idea to consult with a lawyer that is an expert in Family Law to give you sound advice and help minimise the frustration and confusion. To understand more about the process of separation and divorce, check out www.westminsterlaw.com.au.

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Estate Planning Australia Law Experts Outline The Benefits Of Planning Ahead
As a parent, your ultimate goal is to provide the best for your family, especially children. But no matter what preparation and precautionary measures you take, life has a good way of springing up surprises which are, almost always, not the good kind. One of the major mistakes people make is not preparing a will for their families. The end result is that upon their demise, their loved ones are left grieving and even confused, particularly in the division and distribution of the deceased person's assets. In order to prevent this, you should consider estate planning. Australia has several experts that can help you find the right solution for your particular needs. Essentially, estate planning is a way to help people anticipate any untoward events in the future and ensure that their assets or estate are passed to their beneficiaries in the most efficient manner. A good adviser will also find the best way to minimise the impact of taxes. Estate planning involves wills, powers of attorney, and an advanced health directive. In particular, what are the things you should consider in estate planning? One of the first things you will need is the advice of an experienced lawyer to help you draft the best solution to your particular situation. To do this, you will need to list down all your assets. After an initial consultation with your adviser, you will need to choose an executor who will make sure that your will is followed accordingly. Some experts often advise people to resist the temptation of entrusting this important role to a

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family member or another person with special interests in your assets. This will help reduce any ill will and fighting amongst those you will leave behind. Your will can also contain any special instructions you wish to be followed in terms of funeral arrangements. Quite often, the death of a loved one causes confusion among those left behind. With careful estate planning, that problem is practically eliminated. However, estate planning does not end after a will has been drafted. You will have to make sure to update it should any major life event happen, like if you get divorced or if you remarry. Even more important is to find a good lawyer specialising in such matters to explain everything you need and discuss all available options you can choose from. Estate planning can be confusing to most people so having an experienced and trusted adviser will help you craft the right plan for your loved ones. Click here to learn more about estate planning.

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Family Dispute Resolution A Sensible, Cost-Effective Approach To Resolving Conflicts

If you are going to speak to someone who is going through divorce, it is most likely that she will say that she wants things to be done and over with so that she can finally move on with her life. But more often than not, estranged couples are caught in a stalemate, especially if they go through the process of litigation. Apart from the lengthy and costly procedures, court proceedings almost always leave a bad taste in the mouth for the parties involved due to the adversarial nature of this process. And if you and your partner have children, this can add to their emotional and mental distress. Family dispute resolution or mediation is a good alternative to court proceedings in finding an amenable solution for both parties with regards to issues related to child support and care and issues pertaining to properties and assets. As opposed to court proceedings, both parties are encouraged to play an active part in resolving issues at hand in a conciliatory approach. The process typically involves letting each party tell their side of the story as well as the relevant information regarding the issues they wish to resolve. From here, the mediator encourages both parties to explore what the possible solutions for these are. Once both parties determine the best solution to these issues, they can proceed to put everything in writing. Unlike court proceedings where the court compels all parties to agree and follow its rulings, in mediation, both parties are actively involved in every step of the process. Mediators come from a variety of backgrounds, typically law or social science. While they are trained to dispense advice relating to finances and properties, mediators put emphasis on matters pertaining to the welfare of the children

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involved with the end view of coming up with the best solution for the conflicts at hand. Mediators are impartial and are trained to guide the parties involved in the process. oShould you consider going through this process? While dispute resolution is a mandatory requirement if you are applying for a parenting order, you and your estranged spouse can benefit from it even if you do not have children of your own first, because it significantly reduces the time and money you have to give for the resolution of issues at hand; and second, because you are working directly with your former partner, the amount of stress and animosity is greatly reduced. In turn, this can lay the groundwork for establishing a civil relationship which is crucial if you have kids. Look for a reliable family dispute resolution service provider for more information.

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What You Can Do When Getting Family Law Advice

While intended as lifelong contracts, marriages will sometimes break down for any number of reasons. When that happens, separation and, in some cases, divorce become very real, very fast. How do you deal with a potential break up in the family? What to Expect Australian family law encourages separating or divorcing couples to settle on an agreement before moving ahead with court proceedings. It is believed that about 94 percent of cases are actually finalised by reaching an agreement, even as one party insists on the necessity of a court proceeding. The law emphasises that both parties should find a way to resolve issues on children and finances privately with the guidance of mediators and family lawyers. The process is mapped out in what is called as pre-action procedures, which is designed to prevent combative adversarial approaches and is endorsed by the Family Court. It may sound simple enough to reach an agreement regarding parenting orders, which include parental responsibilities and decision-making, among many others, but it would still be highly recommended that you seek proper family law advice, specifically from a family law practitioner. Hashing out certain issues about your children and finances may raise some pretty contentious points, and one party might not be willing to budge. In addition, laws will differ by state especially where de facto (i.e., when two, unmarried people or people in a registered relationship live together as a couple) and same sex relationships are concerned. Having a family lawyer will help you protect your legal rights and pave the way for a fair agreement.
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Knowing the Law The expert guidance of a family lawyer can certainly help you understand law proceedings but it would still be in your best interest to try and learn as much as you can on your own. Information is easier to get these days, what with online resources on family law detailing important points about separation and divorce, property and finances, family law principles, family violence, and many other relevant issues. These will, of course, be meant as information only and are not to be used as legal advice. When you are well-informed about matters regarding your situation, you will be in a better position to make choices. Legal advice is just that advice. Family lawyers cannot dictate your choices, but they will naturally have your best interests at heart and may be relied upon to tell you which options would yield more advantages than disadvantages. However, the decision about your assets, your children, and other such matters will ultimately rest on your shoulders. So it pays to be knowledgeable about family law while having the expert guidance of a family lawyer. You can get the best family law advice by checking out www.westminsterlaw.com.au.

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What You Need To Know About A Binding Financial Agreement

It sounds awfully unromantic, but in most instances, it can be necessary: the prenup. Celebrities and mega-rich couples are not the only ones who need prenups, which are referred to as binding financial agreements in Australia. Average married couples and those who are in a de facto relationship may enter into these seemingly unromantic agreements. Here are some important things you might want to know about binding financial agreements. Binding financial agreements can be made before, during, and after the marriage or the de facto relationship. For spouses or partners that have more assets than the other party, a binding financial agreement may be an ideal way to protect properties and finances acquired before the marriage or the relationship. Such a financial agreement will detail how assets should be distributed in the event of a marriage dissolution or breakup. When carried out properly and before the marriage, the financial agreement will also save the couple from being mired in a combative property settlement case. Financial agreements are best drafted and executed when you get independent legal advice. Binding financial agreements or BFAs need to be in writing and must be signed in the presence of lawyers. The agreement will not be legally binding if you have not received financial and legal advice, and if the other party has not signed it. The court may also set aside the agreement should one party claim and prove that the document was signed under duress. This may occur when the other party uses the agreement as a condition for entering into the marriage. The agreement covers financial settlement, financial support, and incidental issues. The financial settlement includes superannuation entitlements. The

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financial support includes both spousal and child maintenance. The agreement should specify the names of the recipients and the amount of support, otherwise the provision may be found void. The BFA should be drafted by a lawyer. It may sound easy enough to state who gets what in the event of a relationship (marriage or de facto) breakdown. But a BFA calls for formal requirements so that it lives up to its name, which is that it is binding. When the agreement does not comply with the requirements, then it becomes invalid and unenforceable when the time comes. The requirements include: 1) Agreement must be in writing and signed by both parties; 2) Both parties should get legal and financial advice before signing; 3) The legal advisor should give a signed statement certifying that advice was provided, and 4) A copy of the certification should be given to the other partys legal advisor. Visit Westminster Lawyers for more information on binding financial agreement.

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How To Resolve Issues On Child Custody

The end of a marriage or de facto relationship can be difficult. On top of dealing with parting ways with a spouse or partner, both parties will have to settle on critical issues. Reaching a fair agreement over the division of assets and the matter of spousal maintenance may be trying, but perhaps no other issue poses complexities and challenges quite like making arrangements for the children. The issue of child custody can turn what is already a contentious breakup into an even pricklier situation. But it is very important for both parties to come together and find a way to resolve matters concerning the welfare of their child. Doing so will not only make the situation more manageable but also less costly and emotionally draining for all. While the courts encourage separating or divorcing couples to reach settlements privately before heading to court, couples should still get proper legal representation. A family lawyer who has taken on many child support and custody cases would be the ideal specialist to hire and represent you in mediations and/or court proceedings. If you are dealing with violence or abuse, you may want to go with a family lawyer who has court experience with such highly sensitive cases. Getting a family lawyer to help you sort out living arrangements, child support, parenting responsibilities and duties, and other factors relevant to the best interest of the child, will allow you to go through the difficult process with as little anxiety as possible. Disputes on any points will be addressed according to the law and resolutions will be reached in a quick manner. Ideally, you and your spouse or partner should have some agreement on where the child will live or who will raise him or her. This may be resolved easily by

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determining which one has the greater capacity to take care of the child. If the breakup was reached amicably, then it should be realistic for both parties to decide on certain points regarding the welfare of their child. The details and legal requirements may then be hashed out and dealt with by lawyers from both sides. Dealing with separation or divorce never gets easy, especially when children are involved. The experience can forever change your childrens lives, not just yours. As parents, it is critical that you protect your children from the emotionally draining experience. So when possible, reach an agreement privately and out-of-court. And find an expert family lawyer who can take you through the legal fight with as little battle wounds as possible. Click here for more information.

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How To Get Good Legal Representation When Going To Family Law Court
Big things are at stake when relationships end. Assets have to be divided. Custody issues have to be addressed. How you decide to approach a divorce or separation will determine the outcome from every settlement. Suffice it to say that emotions will run high whether you are dealing with division of properties and other assets or talking about where and how your children will be raised. And try as you might to avoid a costly legal battle, some cases just have to be settled in court. The family law court decides on matters concerning divorce, separation, child custody and support, spousal maintenance, domestic violence, property settlements, binding financial agreements, and other such similar cases. Family law cases may be settled out of court, which can save those involved time and money. In most cases, the court may only come in to formalise the agreements reached. Whether your case can be settled privately or requires the final determination of a judge or federal magistrate, you will need a good family lawyer. Most family lawyers specialise in specific cases like divorce or child custody. It would be ideal to go with a family lawyer who has broad specialisation. This way, should other legal family issues come up, you will be able to rely on a family lawyer you have used before to handle the matter and not have to hire another lawyer. Going through any legal battle is by itself already nerve-racking, but to deal with issues that involve your family poses an even more stressful time. So it is important to hire a family lawyer you feel comfortable with, someone who is

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sensitive to what your family is going through, and someone you can truly trust to share delicate and pertinent information regarding your case. Apart from specialisation and an ideal personality, it may be good to have a family lawyer who has deep knowledge and experience with the different laws in different states. Countries will generally have varying laws in different states. You will, of course, need someone who is an expert on the laws in your state. But where contentious child custody issues that cross state lines are concerned, a family lawyer with wide-ranging knowledge on state laws may be able to better work on your case. Finally, make sure your family lawyer has enough time for your case, no matter the workload. At every court hearing, your lawyer should be there, on time, highly prepared, and deeply motivated to represent you in the best possible way. Visit Westminster Lawyers to learn more about family law courts.

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