Most people who are contemplating the end of a relationship and all that goes with it are concerned about the possible legal costs. That’s a reasonable concern – there are plenty of stories in the media about some frankly extraordinary legal fees that have apparently been charged to people who have been involved in the Family Court process.
Whilst we can’t pretend that legal fees are not significant, they do not have to be stratospheric. We are also very conscious that in family law proceedings there are other costs that people should keep in mind – the emotional toll of being involved in the Family Court process should not be underestimated, and the Court process takes up a very large amount of time.
It is a matter of priority to us in the Family Law the team at Aylward Game Solicitors to provide our clients with practical, realistic, down-to-earth advice. It would often be easier for us to tell people what they want to hear – to tell potential clients that they can achieve an outcome that they would like rather than what they are more likely to get. But for us, that is not the right way to proceed. We will always provide you with our honest opinion, based on many years of experience in conducting family law matters, as to what a likely outcome will be. That way, you can minimize the amount of legal fees you spend pursuing an unrealistic outcome, and give yourself the best chance of resolving matters with a lower bill from us, less animosity with your ex, and more time to get on with your life.
So whilst there is no simple answer to how much a divorce will cost, we are sure that being realistic from the start will help to keep your costs under control.
To seek clarity on your options, please contact one of our experienced family lawyers on 1800 217 217 or book an appointment today.
Aylward Game Solicitors Sunshine Coast are a modern and dynamic firm of Sunshine Coast Solicitors and Sunshine Coast Family Lawyers who are strongly committed to traditional professional values of the legal practice in Sunshine Coast.
We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensibly, Practical, Real-world Legal Advice in Sunshine Coast– Keeping you on the Game.
Aylward Game Solicitors is pleased to be able to provide legal services to the ‘lower Sunshine Coast’.
As with our professionals based at our other offices, you will find that our solicitors and conveyancers in the Birtinya area provide unmatched experience in order to deliver an ethical, professional service for an affordable price, right when you need it, including on weekends and after-hours.
We are also happy to offer home and hospital visits if required.
SUNSHINE COAST LAW SERVICES
We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible, Practical, Real-world Legal Advice – Keeping You on the Game.
AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW
When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…
This can often become a complicated process, especially if there are a lot of assets or children involved. The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.
AYLWARD GAME SOLICITORS, SUNSHINE COAST LAWYERS, KEEPING YOU AHEAD OF THE GAME.
Aylward Game Solicitors Gold Coast are a modern and dynamic firm of Gold Coast Solicitors and Gold Coast Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia.
The legal force Aylward Game Solicitors Gold Coast, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business law, Gold Coast Family Law, Wills & Estate Planning Law, Complex Contract, Commercial Litigation, Employment law and Property law & Conveyancing; with particularly strong expertise in Children’s Matters, De Facto, Divorce, Mediation and Dispute Resolution as well as Vendor Finance and a wide suite of Business, Banking and Finance Law Services.
GOLD COAST LAWYERS
We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible, Practical, Real World Legal Advice in Paradise Point on the Gold Coast – Keeping you Ahead of the Game.
Aylward Game Solicitors Gold Coast is pleased to be able to provide legal services to the growing Gold Coast area.
As with our legal professionals based at our other office locations, you will find that our Gold Coast solicitors and conveyancers in the Paradise Point offices provide unmatched experience in order to deliver an ethical, professional service for an affordable price, right when you need it, including on weekends and after-hours.
We are also happy to offer home and hospital visits if required. Book now and speak with a Gold Coast Lawyer.
GOLD COAST LAW SERVICES
We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible, Practical, Real World Legal Advice – Keeping you on the Game.
AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW
When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…
This can often become a complicated process, especially if there are a lot of assets or children involved. The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.
AYLWARD GAME SOLICITORS, GOLD COAST LAWYERS, KEEPING YOU AHEAD OF THE GAME.
Did you know that currently, some 30% of Australian marriages end in divorce? That’s a pretty scary statistic, but that’s the reality. When people get married they don’t go into the relationship thinking it’s going to end in a few years. Most view the commitment to being for life at the time. As unromantic as it sounds, it’s wise to be prepared for the big day where you sign those legally binding documents. If you are entering into the marriage with considerable assets already, as a safeguard it’s a good idea to consider a prenuptial agreement.
This is by no means a prophecy that you’re certain your marriage will fail, or even that you’re viewing it in a negative light. It’s simply a sound business decision of sorts. In every other facet of life you would be ensuring you protect yourself, so why should a romantic relationship be any different?
Not only is a prenup a good idea prior to marriage, but it’s also something to seriously consider before entering into a de facto relationship as well. These days de facto relationship is viewed the same way as a marriage by law, if you’ve been living in a domestic cohabitation for 2 years or more, so your assets could be at the mercy of your partner without a prenup should the relationship fail at some point.
Give Yourself Peace of Mind
Negotiating and signing a prenuptial agreement before the marriage takes place, or before entering into a serious domestic relationship, will alleviate a lot of the uncertainty regarding the distribution of assets should the relationship end in separation or divorce.
Not only that, the settlement after separation or divorce will be simplified and expedited as a result of having a clear and concise prenup in place. The legalities regarding finances and division of property and assets have already been worked out and agreed upon.
This takes a lot of stress, debate, and confusion out of the divorce process, leaving you free to work on getting over the failed relationship and being able to move on with your life.
A Prenuptial Agreement Is Legally Binding
A prenup is definitely a legally binding document, or it would serve no useful purpose. It is signed prior to entering into marriage or a serious cohabitation relationship. When the agreement has been worked out, the signature of each party signifies that they understand the contents of the document and agree to the document’s stipulations regarding the distribution of assets in the event of a divorce or relationship separation. The document will often include liability for debts and leaves very little confusion for either party.
Aylward Game Solicitors in Brisbane fully understand there may be a need for a prenuptial agreement, and our team has the experience to help negotiate a prenup that both parties are happy with. If you feel you need a prenuptial agreement, talk to us first before the big day and we’ll assist you in the process of safeguarding your assets.
Separation and divorce is a stressful and very confusing period of life. Stress levels are exacerbated even further when children are involved. Many marriages and de facto relationships that break down will have children in the equation, and it certainly makes a clean separation that much more complicated. And divorce is difficult enough without one parent refusing visitation rights to the other. If you think a child has been, is being, or is at risk of being harmed you can: report it to the police; report your concerns to Child Safety or call 000 in an emergency. But can anyone stop you?
Can’t see your kids? What can you do?
Unless one parent is legally deemed unfit for one of a number of reasons, then both parents have the right to spend quality time with their children, whether it be a joint custody arrangement or a parenting agreement.
In a perfect world, the separation or divorce will be amicable and an agreement regarding the children will easily be reached and adhered to. However, the reality is rarely ever that neat, tidy, and simple.
Let’s take a brief look at your options when it comes to child custody or visitation rights so you can spend quality time with your children.
Joint Custody or Shared Custody
In this instance the divorce has gone to the courts and child custody will be decided during legal proceedings. The result could be an even 50/50 split, where the child or children spend an equal amount of time with each parent each week or month.
Other examples of a joint custody split could see the children living with their mother from Monday through Friday, and spending their weekends with their dad, or vice versa. Or it could be one full week with the father, followed by a full week with the mother.
Often these arrangements will be dependent on a number of factors and the circumstances of each parent, such as who has the most time to spend with the children.
Parenting Plan
A parenting plan is a more informal and congenial “negotiation” between both parties. Usually mediated through a solicitor, the agreed-upon parenting arrangement may or may not be lodged with the courts.
If your parenting plan was not lodged with the courts, then it’s not legally binding.
Does that mean you have no legal recourse?
No, it does not. In conjunction with your family law firm, you can still start legal proceedings for joint custody or visitation rights if one parent won’t honor the parenting plan.
If the parenting plan was lodged with the courts, and one parent refuses access to the children, then that parent is in direct violation of the legal agreement and can be forced to comply.
The same applies to joint custody or shared custody arrangement. By law, unless there are serious mitigating circumstances such as incidences of domestic violence, both parents have to comply with the parenting agreement.
The Takeaway
Even if your split with your partner is mutual and amicable and you both want to negotiate a parenting plan, it’s always wise to have a Brisbane solicitor who specializes in family law involved to negotiate the agreement and lodge it with the courts.
In Brisbane, the law firm you can count on is Aylward Game Solicitors – your local family law specialists.
Whether it can be treated in the midst of COVID-19 recovery or post-COVID-19 recovery, Australia’s 2021- 2022 Federal budget Review includes a range of economic and social outcomes touching on the migration program in order to address skill shortages in the labour market and attract overseas businesses. This synopsis aims to highlight the latest government plans to boost various sectors connected to, or affected by, the migration program.
Highlight 1 – Migration Program Ceiling
The Ceiling will be maintained at 160,000 places. This includes 79,600 Skill and 77,300 Family stream places.
Highlight 2 – Incentives to hospitality and tourism sector
The Government will increase flexibility for student visa holders to work beyond the current 40 hours per fortnight limit in the hospitality and tourism sectors.
Highlight 3 – Incentives for Sponsored Parent (Temporary) visas
The Government will extend the validity period for Sponsored Parent (Temporary) visas by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.
Highlight 4 – Migrant Worker Protection
The Government will strengthen migrant worker protection in response to recommendations of the Report of the Migrant Workers’ Taskforce.
The Government will enhance migration litigation and merits review by funding additional finalizations in the Migration and Refugee Division of the Administrative Appeals Tribunal and providing an additional judge in the Federal Circuit Court in 2021-2022, and a second judge in 2022-2023.
Highlight 6- Australia’s Humanitarian Program
The Humanitarian Program for resettlement will have 13,750 places in 2021-2022 to maintain Australia’s long-term commitment to humanitarian resettlement.
Having considered the above, and as general guidelines only, we make the following observations about Parent visas—
Parent visas
Based on the Government’s announcement, Australia’s international border is likely to be closed until sometime in the middle of 2022. Considering the estimate provided for processing new eligible Contributory Parent visa applications (i.e. approximately 58 months), we recommend that such application be lodged now. You may contact us to see if you are eligible to apply for this visa category. When the border opens, you may then apply for a temporary 3 or 5-year temporary parent visa to remain onshore while the other application is processing.
Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.
We would be happy to assist you.
Source excluding the Parent visas observations: Funding a safer Australia to secure our future – Department of Home Affairs
We pride ourselves on our past work and consider ourselves the most proficient and best family lawyer in Brisbane and Australia.
We appreciate that your Brisbane Family Law matter may be of a sensitive nature and we encourage you to contact one of our specialists for a free and no obligation appointment to discuss your unique situation and legal options.
Do you want to know your rights and options in family and de-facto law matters?
We provide a completely confidential, no obligation, free 20-minute appointment to discuss your unique situation and legal options.
Call us now on (07) 3236 0001 or (1800) 217 217 and you can start to build some certainty and direction in this stressful and unsettling time.
Our Christmas Trading Period Hours: Normal hours until close December 23rd, 2020@ 5pm Resuming on January 4th, 2021 @ 8.30am
Collaborative Practice is a new approach to family law in Australia where each person appoints their own lawyer who is trained in this dispute resolution method.
Collaborative Law differs from mediation in that collaborative family lawyers advise and advocate for their respective party rather than acting as a neutral facilitator.
AYLWARD GAME SOLICITORS WISHES YOU AND YOUR FAMILY A SAFE AND ENJOYABLE HOLIDAY PERIOD.
Please note our trading hours are slightly affected, however we will endevour to answer any contact emails sent over the period.
NOTE: The Magistrates Court and Children’s Court are also on hiatus during this holiday period.
Unfortunately not in family law. Superannuation is now an asset to be considered with all other assets when people separate. It forms part of the matrimonial pool of assets.
The Court has the power to divide the superannuation entitlements in a superannuation lawyers fund. If a splitting order is made a party will obtain an interest in the other party’s superannuation fund and that interest then becomes the owner of such party. The fund is split so that a party retains a certain part of the fund and the other party then is given their own interest in that fund. That interest can then be rolled out into a party’s own superannuation fund if such party wishes.
The splitting can occur by either:
1. An order being made by the Court
The parties agreeing to such splitting in consent orders
The parties agree to a splitting of a superannuation fund in a Financial Agreement
2. A party can only draw down on such superannuation funds upon their retirement or if they come within the provisions of hardship which allows payments out of superannuation funds.
How super works
Super is money for your retirement. The money stays in a super fund and is invested so it can earn interest and grow.
Your employer must pay 9.5% of what you earn into your super fund if you are:
paid more than $450 per month over 18 and work more than 30 hours a week Super funds may also provide you with insurance for a fee. This will help your family with some money if you pass away or are too sick to work.
Find out more about how super works.
Aylward Game Solicitors Brisbane are a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia. The legal force Aylward Game Solicitors Brisbane, and their collective lawyers will harness nearly 80 cumulative years of experience
For detailed information, visit familylaw.aylwardgame.com.au or call 1800 217 217.
If the traditional approach to selling your property is not working for you or you are having difficulty obtaining bank finance to buy your home or investment property then we may have another way to assist your sale to happen oder your purchase to proceed, known as vendor finance. Vendor finance, sometimes called seller vendor finance or owner vendor finance is nothing new and has in fact been around for many years, and is often used in one form or another in commercial transactions.
For a comprehensive overview of how to buy without banks, please download our free vendor finance ebook or make a booking to speak with a property law expert.
download the vendor finance ebook
About Vendor Finance
What is relatively new in Australia (from our experience at Aylward Game Solicitors over the last 10 plus years) is the application of vendor finance methods to buy and sell residential property. DOWNLOAD THE VENDOR FINANCE EBOOK HERE
Over that period the use of these methods has grown in popularity and is particularly popular now due to the current economic environment with a depressed property market and the extremely tight and inflexible credit policies of many banks and financial institutions.
If you are a seller and want relief from mortgage stress or a buyer wanting to leverage finance, permanent new home can be secured using this.
Mark Game has over 10 years of experience in preparing Installment Sales Contracts and Lease Options in relation to both residential and commercial property and vendor finance.
Ease Stress, Maximize Leverage
Vendor finance is ideal for someone trying to sell a property because it helps them deal with and ease the stress of mortgage payments. This can help them sell their property sooner rather than later and even get the price they have always wanted. Buyers are able to benefit a great deal from this as well.
Using the system, they are able to leverage their finances so then they have a higher chance of being able to find that property that they have always wanted.
It is also ideal for anyone who is having difficulty with their bank. Because the property market has been going through a period of depression, banks are tightening their credit policies further and further still. This means that people who are looking for help from their bank so they can buy or sell a residential property are being rejected.
It is now widely considered to be the solution to that problem, which is why it has become so popular over the last 10 years.
It could even hold the key to improving the residential property market in the future, and this method of finance could stick around even after the market has picked up such that people who are struggling are now able to get a helping hand when they need it most.
Vendor Finance Lawyers
Individuals and corporations that intend to start, sell or purchase a business have to deal with the different aspects of commercial business law.
When you start a new enterprise, it is an absolute necessity to obtain the correct advice early on to steer clear of any consequence that may cause you much expense or restrict the development and growth of your business venture. At Aylward Game Solicitors, you can obtain the appropriate assistance and advice you need to address these legal matters. From different large-scale enterprises to sole proprietors of small local businesses, Mark Gamehas the extensive knowledge and skills to assist clients in undertaking diversified businesses inside and outside of the state within trust, joint or corporate business structures.
Property defines a legal relationship between a sure thing and a person, the owner. In contrast, possession or owner means the actual property control, who can deal directly with it. For example, a resident is regularly the rental property owner while the landlord remains the owner. In the Property law act 1974, the so-called presumption of ownership applies to movable objects. It is rebuttable, assuming that the owner of a thing is also its owner. Liability under s179 of the Property Law Act (Qld) is strict.
Property is protected by the constitution, together with the right of inheritance of the Basic Law. In principle, an owner has the right to deal with his property at will. However, the content and limitations of property are regulated in numerous laws. For example, a property owner cannot develop or convert his property at will. Instead, he must observe public building law with planning law and building regulations or, for example, monument protection. In animal law, the owner of an animal must have rules on animal welfare and the animal welfare law note. The owner must also respect the resident’s right of ownership of the rented apartment and so, bound by a rental agreement, cannot exercise his right of ownership without restrictions.
Property ownership can be owned by one owner alone or by several people jointly as joint ownership. The so-called collective right applies to joint ownership. There are also special features when it comes to homeownership. In an apartment owners association, there is ownership of the individual apartments according to a division plan. Also, there are regularly unique ownership relationships, such as personal property or joint property.
Property ownership is transferred to a new owner, for example, after a purchase or a gift. Ownership does not pass with the conclusion of a contract, such as a sales contract. The requirement for the so-called transfer of ownership is usually the agreement on the transfer of ownership between the old and the new owner and the handover of the thing. When buying land or a house, instead of handing over the property, it is entered in the land register. After the death of a person, inheritance law determines who, as the heir, becomes the new owner of the former property of the deceased, the so-called property.
Negotiating property contracts does not always go through the hands of a property lawyer. This work is usually carried out by property managers – from the point of view of the seller or lessor. But in large-scale operations, for builders or developers, it is or should be the norm. On the buyer or tenant side, this rarely happens. Individuals usually review their property contracts themselves. However, the legal profession has to be there if problems arise that are also considered severe. We talk about the claim about constructive defects or evictions. In these cases, the figure of the Queensland property lawyer can be crucial for a good outcome.
This branch of property law is aimed at the solemnity of operations. Those affected must know precisely the legal importance of a specific property agreement. One of the aspects that give meaning to the property law act is advertising: the Property Registry if we refer to the property’s purchase. In short, a property lawyer specializing in property law act must offer the best advice on registry issues.
The most “conventional” work of the property lawyer is to do complete diligence to check all the legal (and technical) aspects related to the property. Its registration situation, its charges, limitations, the construction status, the construction’s stability, the urban condition, etc. When the sale of a property is going to be carried out, the property lawyer must conduct his clients’ actions so that the acquisition is carried out with total legal certainty. However, in this sense, we can find situations that try to violate the law, either due to ignorance or to commit a crime. The role of the property lawyer must be a guide at all times so as not to violate the law.
Suppose you want to claim construction defects that violate the Technical Building Code. When this happens, it is usually problems that affect the habitability, security, or functionality of the home or premises. Many property lawyers will have lived, in these circumstances, and after communicating the complaint to those responsible.
In the lead of property, various situations may arise involving property lawyers Brisbane specialized in property law act QLD. Let’s look at a possible problem: income claims and other breaches derived from the lease. Or, a more particular case: when a home has several owners, some wanting to rent it and others not. It is not usually known that the lease is valid if you sign it, even if you are one of the co-owners. Even if it is not known that he is acting on behalf of the community, likewise, recalling the property law act here, any of the property owners can urge an eviction or terminate the lease.
And conclude this article, where we review the property lawyer’s work, we cannot forget property leasing. Within this property operation format, let’s stop at the curiosity of the capital gain in this kind of transaction. It should be remembered that the General Directorate of Taxes allows the buyer to claim if the bank affects the payment on him. However, the property leasing deed indicates that it will be the client who must assume this tax payment. These and other everyday matters of a real estate lawyer demonstrate the differential key that our work can suppose.
In the case of retention of title property, property law acts when the buyer of an item only becomes the owner when he has paid the purchase price in full. Until then, he only has a so-called expectant right. As a result, the seller must transfer ownership of the purchased item after the purchase price has been paid in full. The expectancy, as a so-called “identical minus,” is less than the property itself, but at least means that the seller can no longer withdraw from the contract without reason.
There are also various particular forms of retention of title. Extended reservation of title, vast reservation of title, or forwarded reservation of title often occur. It is regularly a matter of the buyer, for example, a small commercial trader, allowing to resell or transfer ownership of the goods purchased from his supplier under retention of title, even though he is not yet the owner. From the purchase prices paid to him, the dealer then regularly pays his supplier’s statements.
When selling or buying property, litigation, and litigation can arise. If necessary, it is recommended to use the services of a property lawyer. This property lawyers Gold Coast may be called upon for advice or as a defense lawyer in the event of legal recourse. The defendant may choose it. The fees of this lawyer are fixed with the client and depend on the difficulty of the case. They are determined in a lawyer’s fee agreement signed by both parties.
Property Law Act Qld
As its name suggests, the property lawyer is a specialist in the property law act. This lawyer must have a perfect mastery of the Construction and Housing Code. It is possible to find this lawyer online or with justice institutions. Like lawyers in foreigners’ law, lawyers in family law, or lawyers in labor law, this professional is established in different Brisbane areas.
The lawyer specializing in the property must master the elements of private and public property law and the property law act, and the Town Planning Code. Moreover, property law is a branch of law that deals with the sector relating to the property.
The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or faced with a tricky situation.
A property lawyer is often used in the event of a property dispute, particularly in the division of an inheritance. The field of intervention of this lawyer is not limited to conflict resolution but can extend to various areas related to property law.
The best property lawyer can, in some instances, play the role of mediator so that the parties in conflict resolve the case amicably and avoid legal recourse.
Here at Aylward Game Solicitors out the team is ready to assist you with any property law or legal situations on 1800 217 217.
Frequently Ask Questions:
What is property law?
The lawyer specializing in the property must master the elements of private and public real estate law and the Civil Code and the Town Planning Code.
What is a property lawyer?
The property lawyer is a professional who settles cases related to property. His intervention is essential when his client’s rights are threatened or when he is faced with a complicated situation. As its name suggests, the property lawyer is a specialist in property law. This lawyer must have a perfect mastery of the Construction and Housing Code.
When to call a property lawyer?
It is possible and even recommended to use a property lawyer in several situations relating to the use of a property.
What are the missions of a lawyer in property law?
The property lawyer has several missions: a role of assistance and advice, a role in drafting acts, and a role of representing his client’s interests before the judge in the event of legal proceedings.
What are the average fees for a property lawyer?
No regulation or scale fixing the number of a lawyer’s fees in property law.
