There are a number of ways to challenge or contest a Will but the most common way is through a Family Provision Application. Not everyone is eligible to make a Family Provision Application and there are strict time frames that apply. Make sure you know your rights, requirements and time frames if you are considering challenging or contesting a Will.
If your matter is in Court then you may be required to attend a Family Report interview so that a Family Report can be done for the Court. This report provides information about you, your children and the other parent and extended family in some instances. The Court then uses the information and any recommendations the report writer may make to assist in identifying what is in the children’s best interests.
As a family lawyer I am increasingly seeing couples who are separated but continue to live under the one roof. The two most common reasons I have been given for this are that people are doing it either for the children or out of financial necessity. This may explain the reason but perhaps not the reality of two people trying to co-parent or cohabit while trying to move forward and start a new life.
This article is designed to give you some practical advice and tips on what you can do when seperating to get the best outcome for you.
The relationship between the Family Court and social media can be a slippery slope. You need to be aware of the impact and ramifications that using social media while your matter is in the Family Court can have on your case.
If you need to find a good family lawyer the first step (and probably the hardest) is realising that you need one. Whether you are married or in a de-facto relationship, are separated or considering separation, then the chances are that you could benefit from legal advice. It’s important that your family lawyer is experienced and that you are comfortable with them, so don’t be afraid to “interview” your potential family lawyer to find out if they are right for you.
In these times where our phones are like and extension of ourselves its good to know that there are Apps that can help you to track and organise co-parenting arrangements. Why not consider these when working out your co-parenting arrangements.
Under the Family Law Act you are required to formalise your agreement either by a Consent Order made in the Family Court of Australia or a Financial Agreement under the Family Law Act.
Make sure you get the facts about property settlement. The legal advice you receive today could save you thousands of dollars in the future.
If you are in a same sex relationship, married or considering getting married then maybe you should consider pre-nup or Financial Agreement before walking down the aisle.
A Will gives you the last say on how your Estate is distributed and can also prevent family arguments or a de-facto spouse having to prove their relationship in order to inherit.