The division of assets in the relationship isn’t automatically a 50:50 split. Instead, it’s based on each party’s contributions to acquiring assets and caring for the family, as well as considering the future needs of both parties. This process is known as property division or property settlement.
Litigation (going to court) may not be the best solution to a conflict. To avoid litigating a dispute, some of the alternative ways to resolve a dispute are mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court.
Operating your business or investments through a company provides a lot of protection for those operating the company, known as directors. However, increasingly, in Australia the protection of directors is being wound back. Directors can be liable for some company’s debts, such as, PAYG and staff superannuation. Also, if the company trades insolvently and certain occupational health and safety penalties.
Obtaining a divorce and obtaining a property settlement are separate legal matters, independent of each other. While one doesn’t necessarily require the other, they often coincide in the process of ending a marriage. Couples can negotiate and reach a property settlement agreement before finalizing their divorce, however, if parties divorce, the time starts ticking down to reach a property settlement – the limitation is 12 months for the date of the divorce.
In family law, when a parent considers moving with their child far away from their usual residence, the matter is termed a ‘relocation case’.
Typically, if a parent plans to relocate with their child, the other parent must either agree to the move or the parent who wants the move should seek permission from the Family Court. This requirement is based on the understanding that relocating with a child can significantly impact their ability to maintain meaningful relationships with both parents and other significant individuals, such as grandparents.
Contracts are everywhere in our life, from simple sale and purchase agreements, service supply, property leasing, to employment, banking and investments. Like many of us, you may have been stuck in a contract and wanted to get out. Can you? There are different ways to end a contract. However, contracts are binding legal instruments, so a free exit ticket may not always be available.
One of the most satisfying tasks we perform at Lynn and Brown Lawyers is to work with our clients to either establish, purchase or sell a business. We all know how stressful it is buying or selling a property and hoping to achieve a successful outcome. These stresses are no different to those that exist around buying or selling a business, particularly if that business is one you have built from scratch or the business that you are looking to buy is as a result of a significant lifestyle change or ambition for the next stage of your career.
A shareholders’ agreement is a contract signed by the shareholders of a company, which regulates their obligations and rights, as well as what should happen if certain situations arise. By entering into a shareholders agreement, you agree on how you will operate the business and how you will depart the business. Can any director solely buy new equipment? What happens if one director wants to sell and not another? What happens if one shareholder becomes sick or injured and can no longer work in the business? Your shareholders agreement can answer all these questions.
No, the Zoom app is free of charge and is available for download from the Apple Store for iPhone users or Google Play Store for Android users.
A good lawyer, with experience, can often foresee things others could not. Sometimes there is nothing you can do about an unforeseeable event happening after you agree to a contract, but there are some things you can do to ensure your contract is as well drafted as possible. We have decades of experience on contract disputes. We will use this experience to protect you.
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Child support and spousal maintenance both share the overarching aim of providing financial assistance to a former partner.
Child support typically involves one party providing financial assistance to the other to assist in supporting a child or children from the relationship post-separation.
On the other hand, spousal maintenance may be assessed for one party to provide financial support to the other if the latter cannot meet their own financial requirements after separation, regardless of whether they have children.
If you are thinking of starting a business, you will need to consider the different business structures available to you and work out which structure will best suit your needs. In Australia, businesses are commonly structured as sole traders, companies, partnerships, discretionary trusts and unit trusts. It is important to seek professional advice (from a lawyer or accountant) before deciding which business structure to use.
A contract requires fundamental factors to be a valid contract:
Do you rent a retail or commercial property and want to end the lease? The first thing you should always do is check the terms of your lease agreement. Different agreements may include different methods for termination or different situations that allow you to terminate the lease. Landlords can usually terminate a lease if the tenant is late with rental payment for 7 days or if the tenant materially breaches the lease and does not rectify the breach after being notified for 14 days. These are standard lease clauses, but each case will turn on the actual lease.
For negotiations to be successful, it usually requires both parties to compromise from their best case scenario. The benefits of a negotiated resolution is that the dispute is finalised, you take the risk off the table of a worse result occurring, you will limit your legal fees and you will avoid the ongoing stress and uncertainty of litigation.
Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. Limitation periods vary for different types of matters. You should seek advice as soon as possible.
A period of 12 months of separation is required before you can apply for a divorce. Separation is defined as one party communicating to the other that the relationship has ended, followed by actions consistent with that communication.
It’s important to note that physical separation is not necessary, nor does it automatically terminate the marital relationship, but it can be indicative of a separation.
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