Butlers News

All data and information provided on this site is for informational purposes only. The Butlers Blog makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site & will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.

Why "Young" people Should Have a Will

When asking younger people if they have a Will, I often hear the cliché response of “I don’t have anything to give” – wrong!

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148 Hits

Superannuation Death Benefits and Conflict of Interest

It is becoming more common for a person’s superannuation to be their most valuable asset upon their death.  Unfortunately, many people remain unaware of the importance of making provision for what happens to their superannuation upon their death, causing problems for their loved ones left behind.

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159 Hits

Does an Executor Get Paid?

There is no requirement to pay an Executor a commission for acting in that role.  In a lot of cases, you may find that the person appointed as the Executor of an Estate is also a beneficiary of the Estate, and that they do not have the professional skills required for the tasks involved in administering an Estate.

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108 Hits

Miley & Liam - Financial Agreement

One year on from their wedding and Miley and Liam’s divorce is already considered old news, with the dust having settled following their separation in 2019. Despite their relationship lasting 10 years (not counting those hiccup “off” periods), the internet remained fairly silent about any division of their assets.

With their legal separation so widely reported upon, and their combined net worth being estimated at about $186 million dollars (Liam’s being about $26 million and Miley’s about $160 million), you would be forgiven for wondering why the juicy details about the separation of their assets has remained largely out of the tabloids. Not only are they both worth a significant amount, their assets could be spread across numerous countries. They also shared 9 dogs, 3 cats and a pig!

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277 Hits

How to get through the holidays and festivities after separation.

The spirit of Christmas is often exemplified when being with and around children. After you have separated, however, not being with your children can be difficult.

Here are #10 things to help you plan ahead and assist in getting through the holidays:

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186 Hits

The Christmas time struggle…

Christmas is meant to be a time for festive cheer, mulled wine (although perhaps not in 40 degrees!), celebrations and good old fashioned family time. However, for many separated parents, Christmas is a time for arguments, when they find themselves fighting over who gets the children on Christmas Eve, or Christmas morning, or both!

As Family Lawyers, we see this far too often and sadly, we also see it far too late. The Family Court has a cut-off date for Christmas contact applications (usually mid-November), and unfortunately, that date has now passed.

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426 Hits

Making a cheater pay... is it worth it?

It’s an unfortunate reality that cheating is a common reason for couples separating today. If cheating doesn’t immediately result in the end of a relationship, it often causes significant distrust which eventually leads to the breakdown of the relationship.

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512 Hits

Wait?! Am I a sperm donor or a parent?

In our previous articles “Who is a Parent?” and “Parenting Orders and What You Need to Know” we discussed what it means to be a parent under Australian Law, and the fact that people who are not ‘parents’ are still able to apply for Parenting Orders in relation to children.

Both of these issues were recently considered earlier this year by the High Court of Australia in Masson and Parsons & Ors. The matter made headlines due to the relative rarity of Family Law issues being heard in Australia’s highest Court and the importance of the findings made for many families across Australia.  

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519 Hits

The cost of getting divorced

If you have been separated from your spouse for over 12 months, you may be considering whether or not to apply for a Divorce. There are a number of factors you need to consider before applying for a Divorce, but one thing people usually do not consider is the actual cost to file a Divorce Application.

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359 Hits

Parenting Orders and what you need to know.

In our previous article ‘Who is a Parent??’ we touched on the importance of being a ‘parent’ under Australian Law, and the legal consequences associated with paternity.

You might then find it strange to learn that when applying for Parenting Orders at Court, you do not have to be a parent. In fact, you don’t even have to be a relative. Parenting Orders can cover all aspects of the care and welfare arrangements for a child and are not just limited to who a child lives with and spends time with.

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792 Hits

Further protection for families in domestic violence situations

A person who has experienced Family Violence can find themselves dealing with several different areas of law (and processes), all at the same time. The different areas of law include Restraining Orders, Family Law, Criminal and Tenancy Law.

This is because Family Violence is a multifaceted issue and can be experienced by people of all classes, religions, ethnicity, sexual preference, and ages, both inside and outside of the home.

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475 Hits

Domestic violence and children

Western Australia has the second highest rate of reported physical and sexual violence incidences. The Northern Territory has the highest.

1 in 6 women have experienced physical or sexual violence perpetrated by a current or previous partner. The rate of abuse for Aboriginal or Torres Strait Islander women is considerably higher. Furthermore, 1 in 16 men has reported being a victim of family violence (Australian Bureau of Statistics 2017).

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711 Hits

Who keeps the dog?

It is fair to say that the majority of us here at Butlers are dog lovers, and, most of us treat our pooch like they are one of the family. So we entirely understand it when someone asks us during a separation, “but what about the dog?”.

There is no specific provision in the Family Law Act 1975 that deals with pets. Practically, you can try and reach an agreement between you as to who keeps the dog (or any family pet, including the goldfish!), or perhaps you can agree that you each spend time with the dog, each week. However, if you aren’t able to reach an agreement, the Court will deal with the dog in the same way as personal property.

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882 Hits

It’s always 50/50 right? Wrong - Common Misconceptions Part 4

One widely held misconception in family law is that, more or less, all of the assets and liabilities of a relationship will be divided 50/50. Many new clients come to us with the first line “I know that the starting point is a 50/50 split but…” This is not the case.

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492 Hits

But it’s MY asset - Common Misconceptions Part 3

Often one party to a marriage or de facto relationship had property or cash before entering into the relationship. In other cases, one partner may have purchased a property or acquired an asset, which they consider to be their own and which they have devoted themselves to maintaining. One common misconception is that an asset that is solely owned by one party does not get taken into account in a property settlement, upon separation. This can also become an issue where one party purchases an asset, such as a property, after separation but before a property settlement has been finalised.

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773 Hits

Defacto relationships - Common Misconceptions Part 1

One question that lawyers often find unmarried people ask outside of work is “if we broke up, would he/she be able to make a claim on my assets?”

This answer to this question comes down to whether or not you are in a de facto relationship. Unfortunately, that is not always as cut and dry as it may seem and the topic carries with it a lot of misconceptions. The main one being that there is no set timeframe from which you can definitely say that you are in a de facto relationship. Rather, the legislation simply indicates that you are in a de facto relationship if you are not married, and you live together in a marriage-like relationship. Understandably, what one person considers to be “marriage-like” may be vastly different to what another considers that to be.

So at what point are you in a de facto relationship? Have you been unwittingly in one without even knowing it?

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808 Hits

Who is a Parent??

Modern families come in all shapes and sizes. The traditional definition of who a ‘parent’ has been challenged by the increasing number of single-parent families, adoptive parents, surrogate parents and extended families.

Recent advances in medical science have complicated things further.  On 6 April 2016, the first child in the world with three parents was born. A Jordanian couple had been unable to start a family for 20 years, due to a rare genetic disorder carried by the mother. Doctors used a newly developed technique called Mitochondrial Replacement Therapy to implant the genetic material of a third person into the embryo, ensuring that the child did not receive the portions of the mother’s genetic material that could cause the disorder. Being the first child in the world born this way, the baby was dubbed the world’s first ‘three parent’ child.

But how many legal parents does the child born on 6 April 2016 have, and why would it matter?

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974 Hits

Can I be in more than one de-facto relationship?

In today’s society, de-facto relationships are not so straight forward and “modern relationships” challenge the traditional ideas of a relationship.

In Western Australia, the Family Court Act 1997 (“Family Court Act”) governs de-facto relationships. When determining whether a relationship is de-facto, the Court must decide whether the relevant couple were living in a “marriage-like relationship”. One of the difficulties the Court faces is determining what is “marriage-like” especially in today’s society.

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1099 Hits

Protecting your present while securing your future

Canadian entrepreneur Gerald Cotton died in December 2018. With him died the ability to access $145 million worth of bitcoin. Cotton’s widow, Jennifer Robertson, says in her affidavit "I do not know the password or recovery key. Despite repeated and diligent searches, I have not been able to find them written down anywhere”. While $145 million may be slightly more than the average asset misplaced when administering an estate, it is not uncommon for executors to struggle to find information regarding a deceased’s assets. Especially for those who take security seriously.
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976 Hits

The deadline for applying for Children's living arrangements over Xmas is fast approaching!

For almost every family, Christmas is a happy but stressful time. Whether it is ensuring there are no gift double-ups, Santa’s true identity remains undiscovered, or that there are no pistachios in the salad as Aunty Laura’s allergic, chaos is an expected part of the end of the year.

When mum and dad are no longer together the co-ordination and logistics become even more challenging. And that’s when they are getting along!

When parents are embroiled in a Family Court dispute, how children spend their Christmas, New Year’s Eve and the lengthy summer school holidays often become issues which cannot be resolved by discussion alone.

Because so many estranged couples seek the assistance of the Court to determine how their children will celebrate the holidays and spend their school break, the Court has strict rules regarding such applications. This year, all applications seeking orders regarding children’s living arrangements for the 2018/2019 Christmas school holiday period must be filed before 4pm on Friday 9 November 2018.

However, with the current backlog at the Family Court, it is recommended that you file your application well in advance of any proposed holiday or additional time with the children. Once your application is filed, it may be 6 weeks (or more) before a Court Hearing is listed. Accordingly, any urgent applications should specifically state the urgency in a detailed, yet concise, covering letter. 

The Family Law Team at Butlers are experienced in preparing and filing such applications and are ready to help. Don’t leave it too late, contact us now!

 

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