Do pets form part of the asset pool?
Frequently we refer to pets as our ‘fur babies’ and we treat them as our children and part of our family, but you may wonder what happens in the event of separation.
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Studies have shown that most Australians under the age of 50 do not have a current or valid Will. Many people believe that a Will is something only necessary in your advanced years. For most this line of thought is incorrect. Having a valid Will can be as important for young Australians as for their parents.
One of the main reasons why everyone requires a Will is our “Intestacy” laws. Essentially, if you don’t have a valid Will, under the Administration Act 1903 (WA) you’ll have no say in how or to whom your estate is distributed.
Daffodil Day falls on the last Friday of August every year. To all those affected by cancer, Daffodil Day represents hope for a future free from cancer. Daffodil Day is a chance for Australians to come together to change the lives of people impacted by cancer by funding research towards its prevention. In 2020, the Daffodil Day Appeal raised almost $1.5 million for life-saving research that aims to assist the 150,000 Australians diagnosed with cancer every year and the many more currently afflicted by this disease.
Financial Agreements are still a hot topic, now more than ever. During COVID-19 we were inundated with news segments highlighting the escalating statistics relating to separations and divorces. As a result, our Family Courts are now stretched thin, resulting in extensive delays for parties looking to have their financial matters settled.
As we become more digitally dependant, we also become more reliant on technology. We now live in a digital age, and with this, we have seen an increase in people holding assets referred to as ‘digital assets’. Digital assets are defined as files stored and held electronically, which exist as data and which have value.
Recently a woman has sparked a massive debate online after she revealed her husband was refusing to put her name on his house deed because she did not contribute financially. Parties often want to know whether they are “entitled” to a share of their partner’s assets when they haven’t contributed financially and it is a common assumption that once parties are married, they each receive 50% of the asset pool.
What happens if one party makes no financial contributions?
This is a common question asked during Family Law proceedings which has a specific legal answer to it.
The world we live in is fragile and subject to unforeseen and unfortunate events. It is a reoccurring nightmare of mine to think about what might happen if, for whatever reason, my daughter was no longer safe or no longer had appropriate care. This nightmare extends to include all children in my life, including my nieces and nephews, my friends’ children, and even one day, my grandchildren.
A recent and riveting development has just unfolded in the lives of some of the cast of Netflix’s popular docuseries, ‘Tiger King’. It has been discovered (and confirmed by two separate forensic experts) that the Will of Carol Baskin’s late husband, Don Lewis, was a complete forgery.
The definition of Family Violence is broad. Family Violence is not just physical abuse. It also includes repeated derogatory remarks, damaging property, financial control or stalking or cyber-stalking. With the advancement of technology, perpetrators are finding new and inventive ways to continue to harass and abuse their victims.
The Mother Always Gets The Children
First and foremost, parents do not have “rights” in relation to their children. Parents have responsibilities. The law presumes that parents have equal shared parental responsibility for their children and that is the starting point for resolving parenting matters.
A new Bill has been proposed to Parliament following the tragic death of Hannah Clarke and her three children. This Bill proposes to clarify the law surrounding Parental Responsibility under the Family Law Act 1975 (“the Act”).
I was recently reminded of the importance of having a valid and up to date Will.
A colleague and I received instructions from the son of one of our clients, who had terminal cancer. The matter was urgent as his father did not have a Will and his Estate would have had to be distributed between him and his mother (pursuant to the laws of intestacy).
I migrated from South Africa to Australia and have been in Perth for a little over a year. I am therefore aware of the stress and planning of migration and I also know that certain things do not make the priority list. One being, finding out if the Will that you made elsewhere is enforceable in Western Australia, or if you need a new Will.
Adele has been trending lately, for two reasons. The first being her extreme weight loss, which is not the topic of this blog, and the second being her divorce and property settlement.
Sadly, domestic violence can affect everyone, men, women and children and can leave scars that may take a lifetime to heal. Domestic violence comes in many forms ranging from physical attempts to harm to intimidation, control and manipulation.
You may have read some of our other recent blogs about how to sign your Will during COVID-19, when to review your Will, and the importance of having a valid Enduring Power of Attorney and Enduring Power of Guardianship.
It is no surprise that the COVID-19 pandemic has affected Australians in ways that could never have been predicted. From the immediate closure of our favourite restaurants, bars and clubs to the crippling and devastating effect it is having on our economy, our health, both mental and physical and our social lives.
As a result of COVID-19 and the strict social distancing laws, the Courts have had to change and modernise many of their procedures.
Some of the changes the Courts have made include:
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