How much does a divorce really cost?

How much does a divorce really cost?

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.

Article Source: How much does a divorce cost?

Sunshine Coast Lawyers - Aylward Game Solicitors Brisbane

WELCOME TO AYLWARD GAME SOLICITORS SUNSHINE COAST

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.

The legal force Aylward Game Solicitors Sunshine Coast, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business Law, Sunshine 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.

SUNSHINE COAST LAWYERS

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.

Article Source: Sunshine Coast Lawyers

WELCOME TO AYLWARD GAME SOLICITORS BRISBANE

 

Aylward Game Solicitors Brisbane is 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 in the fields of Commercial & Business Law, Brisbane 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.

BRISBANE LAWYERS

Aylward Game Solicitors comprise a powerhouse team of Brisbane Lawyers and supporting staff that is committed to the traditionally practiced values of the legal profession.

The legal force Aylward Game Solicitors and their collective lawyers will harness nearly 80 cumulative years of Experience in the fields of Family Law, Employment Law and Commercial Business Law; with Expertise in Divorce and Dispute Resolution as well as Vendor Finance and the full range of Business, Banking and Finance Law.

If you are searching for Brisbane’s Best Law Firm and seek to be represented by Brisbane Lawyers with an astute eye on providing value backed legal services, then look no further than Aylward Game Solicitors in Brisbane. Our Brisbane Lawyer Team is standing by and ready to handle your matter with attention to detail and professional knowledge in the right area of law. Let us guide you toward a fast and positive outcome and jettison the need to stress about your legal issues.

BRISBANE 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.

Article Source: WELCOME TO AYLWARD GAME SOLICITORS BRISBANE

Gold Coast Lawyers - Aylward Game Solicitors Brisbane

WELCOME TO AYLWARD GAME SOLICITORS GOLD COAST

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.

Article Source: Gold Coast Lawyers

What Is a Prenuptial Agreement and Is It Legally Binding?

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.

Your Family Law Experts

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.

Article Source: Prenuptial Agreements

My Ex Won’t Let Me See My Children

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.

Article Source: Child Custody Brisbane

Australia Takes on Migration Again Highlights of 2021-2022 Federal Budget Review

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.

Highlight 5- Enhancing Migration Litigation Merits Review

• 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 

Article Source: Australian Federal Budget

THE RULE IN AKINS V NATIONAL AUSTRALIA BANK

 

In Akins v National Australia Bank, the New South Wales Court of Appeal considered the relevant principles of an application to call fresh evidence. Although the rule that the court considered only allowed fresh evidence on special grounds, the criteria which were applied assist in cases like this. The test the court applied had three conditions:

(a) The evidence could not have been obtained with reasonable diligence for use at the trial;

(b) The evidence must be such that there is a high probability that there would be a different result; and

(c) The evidence must be credible.

In essence, the High Court of Australia had to consider if the explanation of the obligations to which the wife entered into was adequate and whether there was any undue influence in relation to taking up the mortgage.

The argument from the applicants’ side was that— there are express findings that she was not told to get independent advice; there is an express finding that she was not told and was not aware of the status of the accounts and there was an express finding in relation to the Bank officers that she was not advised to consider her own interests.

Whether this was a case whereby the wife’s position in the transaction was one of suretyship without any recompense, except the advantage of the husband, and that the wife saddled herself of her property with liability for her husband’s debts.

The Court considered that regardless of the view taken about the present validity of the formulation of principle contained in the judgment of Justice Dixon in Yerkey v Jones [1939] HCA 3; (1939) 63 CLR 649, the particular circumstances of this case, are such that an appeal would enjoy no real prospect of ultimate success. Accordingly, the application for special leave to appeal was refused.

Article Source: THE RULE IN AKINS V NATIONAL AUSTRALIA BANK

Contact the best Family Law Specialists

FREE CONSULTATION WITH A BRISBANE FAMILY LAWYER

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

FAMILY LAW INFO TABS – KNOW YOUR TERMINOLOGY

• Collaboration
• Mediation
• Litigation

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.

Article Source: Family Lawyers Brisbane Free Consultation 

Superannuation - What's Mine is Mine

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.

Superannuation Lawyers may be subject to a splitting order.

What is a “splitting order”?

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.

Article Source: Superannuation Australia

What Is Vendor Finance and Is It Worth It?

 

Many people ask us: “what is Vendor Finance?”

Vendor finance also referred to as “Seller Finance”, is a term growing in popularity with finance from traditional lenders becoming increasingly more difficult to obtain in recent times. It also allows people with a less than perfect credit score to secure finance to purchase a property, whether residential or commercial.

What is Vendor Finance?

Basically, the finance is arranged between the seller and the buyer. This is done privately, and generally, the loan is to be paid over a 30-year term, with installments paid directly to the vendor. However, the main focus is for the purchaser to pay out the remainder of the loan as soon as they can arrange more traditional finance.

Not everyone who wants to buy a property is in the best position to obtain finance from a bank, and therefore the option of vendor finance enables buyers to get into the property market with finance terms that are flexible.

If you enter into a vendor finance agreement, usually the purchase price and monthly payments will be higher than if you obtained traditional finance. A small deposit is often required, and the majority of vendor finance deals require the buyer to obtain finance to pay out the loan in full at some point throughout the contract.

CHECK OUT OUR E-BOOK ON VENDOR FINANCE FOR FREE

One of the downsides to vendor finance is that the buyer does not actually own the property until the last installment has been paid. That being the case, if for some reason you cannot complete the

purchase, you lose the money you’ve already put into it.

Is vendor financing Worth It?

Vendor finances definitely have their advantages, but there are also risks attached.

If you are considering obtaining vendor financing for any reason, it’s best to first consult with a lawyer who fully understands the risks and rewards that vendor financing offers.

In Brisbane, get in touch with the team at Aylward Game Solicitors.

We are your local experts when it comes to all matters pertaining to vendor financing, so talk to us first to discuss your options and ensure you fully understand the procedure for both residential and commercial properties.

Article Source: What Is Vendor Finance and Is It Worth It