Family Law Archives

Child Support and Shared Custody – Things You Should Know

2019-10-16 19:09:56

Under Australian family law, children have a right to enjoy a meaningful relationship with both of their parents. Both parents also have a duty to support the child financially after separation, regardless of who the child lives with. While there are many things that can go into calculating a parent’s child support requirements, there are two main factors – custody and income. When parents...

7 Reasons to Hire a Business Lawyer

2019-10-02 19:06:13

As a business owner, you launch your business with the hope that everything will go to plan and you’ll end up running a very successful organization. However, many Australian businesses fail in their first year. Mistakes happen and issues can arise. A good business lawyer will provide vital assistance in almost every aspect of your business, from basic compliance and trademark advice to formal b...

Understanding Legal Professional Privilege (LPP)

2019-09-28 18:25:32

Existing for over 400 years, legal professional privilege (LPP) is treated under Australian law as a fundamental common law and as a human right. Necessary to the right of every person to seek legal advice, it also plays a crucial role in ensuring the proper administration of our justice system. But what exactly is LPP? At Robert Wood and Associates, we are leading business lawyers located in Boro...

Divorce - Things You Need to Know

2019-09-25 18:15:25

In Australia, statistics show that one third of relationships end in separation or divorce. Navigating divorce can be a daunting and emotional process and there are no hard and fast rules as to which party gets what in the event of relationship breakdown. Each case is decided on its own facts and the outcome will differ from case to case. At Robert Wood and Associates, our divorce lawyers will gui...

Partnership Agreements – Do You Need a Lawyer?

2019-01-25 01:54:54

Entering into a business partnership has many great benefits, but we have all heard of scenarios where great partnerships have disintegrated and left the partners involved with nothing but a trail of damages and costs. If you are considering entering into a partnership then it is imperative that you have a solid, written partnership agreement prepared by a legal practitioner. What Is a Partnership...

Negotiating a Divorce Settlement

2019-01-22 02:03:51

Going through a divorce is one of the hardest things you may have deal with in your life. It’s a time of high emotion, pain and anger and it’s something no one ever wants to endure. Divorce rates are currently on the rise in Australia and whilst no one imagines their marriage may end when they are standing at the altar, the fact is many of us will need to go down the divorce path in the future...

When Should I Transfer My Small Business to a Company?

2016-12-19 01:49:29

Successfully starting a business and surviving the first few years can be tough. But make it and you will most likely enjoy a period of growth. Often during this phase, a small business will want to take a step up to form a fully-fledged company. It’s not just about appearances, though – there are many important benefits to forming a company, including tax benefits, reducing personal liability...

When Do I Need a Confidentiality Agreement?

2016-12-19 01:46:39

A confidentiality agreement (also called a Non-Disclosure Agreement or NDA) is a common commercial law instrument in business negotiations. Generally, agreements can be one-way or mutual. A one-way confidentiality agreement is used if you are only disclosing information while a mutual confidentiality agreement is used if both parties are sharing information. An agreement seeks to ensure that the...

The Use of a Financial Agreement in Estate Planning

2016-12-12 01:50:44

A Binding Financial Agreement is an effective tool for protecting the wealth that both parties bring to a relationship. Financial Agreements, also sometimes called ‘pre-nuptial agreements’, are popular with people who are considering re-marrying with a new partner. However, financial agreements are also available to both married and de facto couples, before, during and after a relationship. ...

Why Has the Use of Intervention Order Applications Increased?

2016-12-05 01:52:17

In their report into family violence, the Magistrates Court of Victoria found that 50,208 family violence intervention orders were finalised in the 2014/15 period. That is a 49% increase on the numbers reported in 2008/9. The reasons for this are complex, but the two main factors that have contributed these numbers are: An increase in the reporting of family violence to Police Police taking repor...

Re-Sealing a Grant of Probate and When it is Needed

2016-11-28 01:53:44

Before an executor can carry out the wishes of a will, they first have to apply for a Grant of Probate. This is a legal document which provides them with the authority to oversee the passing on of the estate, as per the instructions of the will. But what happens when the deceased person had assets in another state? Today we’re going to explore the process of Resealing and when you might need to...

Do You Need a Trademark for Your Business?

2016-11-21 01:57:08

Trademarks, copyright and patents fall under ‘intellectual property’ and are a major area of commercial law. Intellectual property law provides creators with rights and protections for distributing their work, ensuring that they can receive financial gains for their hard work. What is a Trade Mark? In Australia, a trade mark is defined as a ‘right’ granted over a word, phrase, letter, shap...

How to Transfer Real Estate to a Surviving Owner

2016-11-14 01:59:02

In life, there are many ways of ensuring our legacy and caring for our family and friends. One of the most important steps that you can take to achieve this is making out a legal and thoughtful will. When made correctly, your will can make it easier to sell your assets and pass on your possessions. When it comes to real estate, there are two main ways to pass on your possessions: Full Administrat...

Selling the Assets from the Deceased’s Estate

2016-10-31 02:00:35

During the first few months after someone has passed away, the executor is the person who will identify and protect the assets of the Estate. They will take control of the affairs of the deceased and ensure everything is carried out according to the deceased’s wishes. Importantly, the executor will commence the process of collecting assets, paying liabilities and winding up the estate. Part of t...

When Do You Need Letters of Administration for a Deceased Estate?

2016-10-24 02:02:30

Under Wills & Probate law, everything owned by a person who has died is known as their ‘estate’. The estate doesn’t just include property, such as a home, but can be made up of money in a bank, shares and personal possessions such cars or jewellery. The estate of the person who has died is usually passed to surviving relatives and friends, according to instructions in the will. Usually,...

What Happens if VCAT Makes a Guardianship Order?

2016-10-17 02:08:56

What is a Guardianship Order? A Guardianship Order is when a guardian (or administrator) is appointed to help manage the personal, legal or financial affairs of an adult with a disability. This may include assistance with accommodation, health care and access to services. In some cases, there may be more than one guardian (called ‘joint guardians’). Applying for a Guardianship Order is a fami...

Separation and Divorce – How to Protect Your Children

2016-09-13 02:10:24

Annulment Vs Divorce – What’s The Difference?

2016-08-05 02:11:51

Marriage annulment and divorce are completely different scenarios. Having the correct understanding of the legal terms is not only very important in but also may help navigating through the challenging circumstances. Here are the terms explained. For more information check out our blog What’s the Difference Between Divorce and Marriage Annulment? or call us on (03) 9762 3877.

What’s the Difference Between Divorce and Marriage Annulment?

2016-06-02 02:14:26

“Annulment” is a popular buzzword that gets thrown around when divorce is on the cards. But in reality, annulment is quite separate from divorce and has a unique set of legal requirements and processes. To determine the right option for your circumstances, it helps to know a little about the family law rules surrounding marriage annulment and divorce. What’s the Difference? To begin with, di...

Do I Need a Solicitor for a Drink Driving Offence?

2016-05-26 02:16:06

Drink driving is a serious offence in Australia, and if you’re caught with a Blood Alcohol Level over the legal limit, you could face heavy fines, have your licence cancelled, and in serious cases, you might even face imprisonment. Navigating the legal system when you’ve been charged with drink driving can be tricky, but it helps to get to know your rights and responsibilities to achieve the b...

Parenting Plans and Consent Orders | A Guide for Separated Parents

2016-05-19 02:17:23

Parenting Plans and Consent Orders are agreements that set out parenting arrangements for separated or divorced couples with children. Both of these types of agreements are encouraged by the court and can be legally formalised – however, there are some differences between the two. Take a look at the unique features of each to determine which agreement will work for your family. What’s the Diff...

The Financial Side of Divorce | Your Questions Answered

2016-05-12 02:18:58

In an earlier blog post, we answered your questions about The Legal Side of Divorce to demystify some of the tricky legal aspects of divorce, which can be overwhelming at such an emotional time in your life. Here, we’ll take a look at some common questions about the financial aspects of getting divorced in Australia to make the whole process more clear. How Much Does it Cost to Get Divorced? C...

A Guide to Marriage Annulment | Eligibility and Process

2016-05-05 02:20:18

Annulment is the cancellation of a marriage when the Court is convinced that the marriage was not legal. In Australia, marriage annulment is sometimes called a “declaration of nullity of marriage” and it ultimately means that the marriage is declared null and void. Before applying for an annulment in Victoria, we encourage you to seek family law advice from specialised solicitors in Melbourne....

Property Settlement and the Division of Assets | Your Questions Answered

2016-04-28 02:21:33

Dividing your assets after a separation can be a lengthy and complicated business if it’s not done according to the law. To avoid complications in the future, we strongly encourage you to seek legal support from family law solicitors who deal with divorce settlements and can assist with issues like legal options, a property settlement calculator, and other needs. In the meantime, getting to kn...

A Complete Guide to Child Support in Victoria

2016-04-21 02:22:51

Child support is the financial support paid by one parent to the other, to help with the costs of a child aged under 18. The law says that both parents have a duty to support their children financially, whether they are biological (birth) or adoptive parents, same-sex or otherwise. What Happens When Parents Separate? If you and your partner have decided to separate, and perhaps considering divor...

Children and Separation – A Guide for Parents

2016-04-14 02:23:59

Separating from your partner can be an emotional time, not only for you and your partner, but for everyone in the family. In families with children, the separation of parents can be particularly hard on the children, so it’s important to keep their best interests at heart through the emotional and legal journey that follows. Fortunately, the Family Law Act ensures that the best interests of the ...

Your Criminal Law Questions Answered

2016-04-07 02:24:53

Whether you’ve been charged with an offence or you’re the victim of an offence, going through the criminal justice system can be an overwhelming experience for anyone. But it’s important to remember that you still have legal rights and responsibilities that should always be upheld, no matter the circumstances. Our criminal solicitors in Melbourne work with people from all works of life for a...

What Does a Prenuptial Agreement Involve and Other Common Prenup Questions

2016-03-31 02:27:02

If you are about to be married, you and your partner may be thinking about a Prenuptial Agreement. A Prenuptial Agreement is an agreement between parties prior to marriage. Couples are able to enter into Prenuptial Agreements (also known as Financial Agreements, Binding Financial Agreements or simply ‘prenups’) to provide for the division of property upon separation. These agreements are ...

Victorian Drink Driving Laws and Charges Explained

2016-03-24 02:28:14

In Victoria, it is illegal to drive a motor vehicle if you have a Blood Alcohol Level – or BAC – that exceeds 0.05 percent. These levels are further reduced if you hold a learner’s permit, a provision license – P-plates – or if you have other conditions on your license. In these cases, you are not allowed to have any alcohol in your system. Drink driving penalties in Victoria may be incu...

What to Do If You Have Been Hurt in a Criminal Act

2016-03-17 02:29:20

Becoming the victim of a criminal offence can have a profound impact on your life but you don’t need to let it define you. If you are a victim of crime in Victoria, you may be able to: apply for financial assistance through the Victims of Crime Assistance Tribunal get compensation from the person who committed the crime or through civil court action. A lawyer can help you seek compensatio...

Your Guide to Criminal Defence in Victoria

2016-03-10 02:30:34

When you have been charged with an offence, understanding your rights, obligations and potential outcomes is one of the best assets you have. A criminal defence lawyer can help you with this. In some cases, criminal charges can stem from an honest misunderstanding, or a momentary lapse in judgement. A lawyer can also help you in these cases. Even if you want to plead guilty, seeing a lawyer...

Is Family Dispute Resolution Right for Me? A Helpful Guide

2016-03-03 02:32:25

What is Family Dispute Resolution? Family dispute resolution means trying to reach an agreement about your family arrangements when you are separated, divorced or have had your marriage annulled, or you are likely to. It helps couples who have separated sort out their disputes about: children and parenting division of property partner maintenance child support and adult child maintenance G...

Domestic Violence Support Resources

2016-02-25 02:33:38

If you or someone you know is experiencing domestic violence in any form, there are a number of services that you can reach out to. Seeking legal advice can be one step that you take in responding to your situation. Please note: If you believe you or your family are in immediate danger, do not wait: contact the police immediately by calling 000. Defining Domestic Violence Research from various p...

The Legal Side of Divorce – Your Questions Answered

2016-02-18 02:34:45

Deciding to end your marriage can be one of the most stressful decisions you’ll ever make, and one of the most significant life changes you’ll experience. During this very emotional time, you’ll also be expected to navigate the legal side of divorce, including paperwork – which can be tricky, even at the best of times. Here, we’ll answer some common questions about divorce legalities...

Demystifying Defacto Relationships – a Legal FAQ

2016-02-11 02:35:52

What Does the Term De Facto Mean? The Family Law Act recognises your relationship as “de facto” if you live together as a couple regardless of your sex. The Act treats de facto relationships differently from marriage in that if the existence of such a relationship or its length is disputed, proof will be required and a Court may have to make a determination on the issue in dispute. Does Just S...

Do I Need to Go to Court to Get Divorced?

2016-02-04 02:37:15

The only requirement for a divorce is the ‘irretrievable breakdown’ of a marriage. This is proved by the husband and wife having been separated for 12 months with no likelihood of getting back together. Your partner does not have to agree to the separation, however they need to know that you think the marriage is over. The court does not consider whose fault it was that the marriage broke ...

Criminal Law Legal Jargon Explained

2016-01-28 02:38:22

Being charged with a criminal offence can be a difficult time. It’s even more stressful when you’re surrounded by a whole lot of legal jargon and words that you’re unfamiliar with. Having someone who can help you understand legal language and explain criminal law terms in plain English is invaluable. Here’s a list of some of the most common criminal law definitions to get you started. ...

Family Law Legal Jargon Explained

2016-01-21 02:39:36

Legal processes that involve family are some of the hardest situations to navigate, causing emotional stress for all parties involved. It can be even more stressful when you feel as though your lawyer is talking in a different language – a language full of legal terms and jargon. You’ll need someone who can translate and explain legal jargon to you, helping you understand what those court do...