When parents separate, it is common for one parent to consider moving to another suburb, city, state or even another country. A relocation may be motivated by many factors, including employment opportunities, financial pressures, family support, a new relationship or the desire to return closer to family. However, when children are involved, a parent cannot…
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One of the most common questions people ask after separation is: “What is the average split in a divorce settlement in Victoria?” Many people assume that divorce settlements automatically result in a 50/50 division of assets. However, this is not how property settlements work under Australian family law. There is no fixed formula that determines…
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When a relationship ends, one person may find that they cannot adequately support themselves financially while their former partner has the ability to provide financial assistance. In these circumstances, spousal maintenance may be available. Spousal maintenance is financial support paid by one former partner to another after separation or divorce where the person seeking support…
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The end of a de facto relationship can create uncertainty about your financial future. Many people assume that because they were not married, they have limited legal rights when the relationship ends. However, in Victoria and throughout Australia, eligible de facto partners may have similar rights to married couples when it comes to property settlements,…
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When someone passes away, their Will sets out how they want their assets to be distributed. If you have been named in the Will to receive an inheritance, you are known as a beneficiary. A beneficiary may receive money, property, personal belongings or a share of the remaining estate. However, receiving an inheritance is not…
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When a person passes away, their Will provides instructions about how they want their assets and belongings to be distributed. The executor appointed under the Will is responsible for carrying out those wishes and ensuring the estate is properly administered. However, problems can arise when an executor does not follow the Will, fails to perform…
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When someone dies, dealing with their finances is one of the first practical issues their family and loved ones may need to address. Many people have questions about what happens to a deceased person’s bank account, including: Are bank accounts frozen after death? Who can access the money? Can family members withdraw funds? What happens…
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Burden of Proof in Criminal Law In a criminal prosecution, the prosecution must prove its case to a very high standard of certainty; beyond a reasonable doubt. This means the evidence must eliminate any reasonable doubt in the mind of the jury regarding the accused’s guilt. As a result, this safeguard protects individuals from wrongful…
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Subpoenas play an important role in discovering evidence and information in family law matters, especially when the other party does not comply with requests for information. There is a lot of work involved in applying, filing, and serving a subpoena. This process can quickly become complex. Generally, subpoenas should only be used as a last…
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As a business owner, you manage many responsibilities, including deciding what to do with your business when you move on. In some cases, winding up the business is the logical end point. In most situations, however, owners aim for a smooth transition to new ownership. This becomes especially important if you plan to sell the…
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