At Bilson Law we believe that knowledge is power. We’ve put together some resources to help you better understand the legal processes surrounding family and estate law.
Get in touch if you have any questions – call us on 0415 381 216 or email us at info@bilsonlaw.com.au.
Mediation, as many of you know, is a significant investment—not just of financial resources but of emotional and physical energy too. It is a pivotal opportunity to resolve conflicts in a less adversarial environment than a courtroom.
Your safety, and the safety of your children, is paramount especially when in the circumstances of child changeovers. These exchanges can be particularly challenging and dangerous in relationships involving domestic violence.
The importance of meeting this deadline cannot be overstated enough, especially for single parents and divorced parents who need to make arrangements for their children during the holiday season.
The most important thing to do is to read the court documents as calmly as possible. So, here are a few pointers to help guide you through the initial shock of seeing your Court documents for the first time.
If you don’t have a will then when you die, a lot of decisions will have to be made. Everyone will be wanting to do what they think you WOULD have OR what they think you SHOULD have arranged.
When you’re in conflict with a partner, you need to stay focused on the safety and wellbeing of your children. Remember, children have a right to be safe and they have a right to have a relationship with both parents. When these two factors are in conflict, it can be difficult to resolve the conflict without assistance.
If you have reason to believe that your child is at risk of harm, call the NSW Police (000) for urgent assistance. If you believe your child is at risk of being removed from Australia, call the Australian Federal Police (131 444). To access urgent legal advice, call us on 0415 381 216 or book an appointment online.
Applying for divorce is a separate process from seeking a property settlement or parenting order. The application can be made individually (by one party), or jointly (by both parties). To start the process, you will need an original copy of your marriage certificate. If the marriage certificate is not in English, you will need to have the certificate translated.
Other important considerations include agreeing to appropriate parenting arrangements and updating your will. You should also complete a new binding nomination form for superannuation. Working with an experienced divorce lawyer will ensure your assets are protected and help the process run more smoothly.
There are four steps in a property settlement.
Step 1 – identify all relevant assets. You’ll need to provide copies of bank statements, tax returns, superannuation statements and other financial documents.
Step 2 – examine the contributions made during the relationship. These include financial (income) and non-financial (parenting) contributions.
Step 3 – assess the future needs of each party. This includes looking at future earning capacity.
Step 4 – consider if the effect of the final outcome is just and equitable. This can result in a Binding Financial Agreement or Court Orders made by consent or by a judge.
An experienced divorce lawyer may be key to achieving a positive outcome.
The short answer is yes. If you don’t have a will when you die, a lot of decisions will have to be made. Everyone will be wanting to do what they think you would have OR what they think you should have arranged. Making a will now ensures your wishes are respected and makes it easier to manage your estate when you pass away.
Questions to consider when making a will include:
Attending court can be a daunting prospect. From the moment you’re served with court documents to the court appearance itself, there is a lot to consider. Make sure you read the court documents carefully so you know when you need to attend, the time the matter is being heard and the court you need to appear at.
On court day, wear neat clothing and be prepared to get to the court on time. Map out your public transport options and don’t forget you can prepay for parking if you intend to drive. To make the process less stressful and confronting, it’s best to talk to a lawyer. They can go over the documents with you and provide advice on how to respond.
Low or no cost mediation
Local Mediators
Legal Aid
Bilson Law offers trusted legal advice, together with courage, compassion and connection. Book your free discovery call to discuss your family law or estate law matter with our knowledgeable and experienced team.
