Distributing Inherited Property

Do you have to Share Inherited Property following Divorce?

Family Lawyers can help you Protect your Rightful Share

After marriage, it’s a common tendency to treat individual assets including houses, cars, boats, jewellery etc as a shared pool of assets between partners. Contrary to popular belief, family lawyers suggest that inherited property does not automatically fall under the shared pool of assets. Each divorce is characterised by different circumstances and thus, each case is unique in its own way. Distribution of property in divorce cases, including inherited property, is decided according to the guidelines listed in the Family Law Act under Australian law.

In fact, keeping in mind the increasing rates of divorce in Australia, it’s important for couples to be aware of laws governing the distribution of inherited valuables, assets and property. Hence, it’s important for couples to understand how different factors play a role in deciding the distribution of inherited property in case of divorce.

  • The manner in which the Family Court will decide distribution of inherited assets will depend to a large extent on the nature of the bequest. Some assets or property may be bequeathed to one partner while others may be bequeathed to both.

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Family Lawyers

How Family Lawyers Can Help You

You might consider family lawyers such as Robinson Family Lawyers to be only necessary to help you through the bad things in life such as separation and divorce, but they are there to support you through many different kinds of happenings, many of which are very pleasant. When there are major changes in your life such as getting married or moving into a new home, your solicitors can help smooth the way.

  • Marriage- Once you get married you’ll need to change your Will, because the former one is no longer valid. If you’ve been divorced, your Will is no longer valid either, so you need to see a solicitor to have it changed.
  • New family – Once you have children, you’ll want to include them in your Will. Some people set up trust funds for their children to help with their education or to ensure they get a certain amount of money at a specific age.

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First Time Litigation

7 Tips to Deal with First-Time Litigation

When you start a business one of the joys is often knowing that you are helping people get what they want and so fulfilling their needs or solving their problems. So when someone files a lawsuit against you it can make you feel really bad, more especially when you know what happened was not your fault.  Here are some tips to help you deal with it.

  • Get competent and experienced litigation lawyers immediately. You just cannot deal with litigation on your own, there is too much legal work that needs to be done if you are going to get a good result. And the quicker this starts, the better it will be for you. The better the lawyer, the better outcome you will get.

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business-financial-advisor

The Difference Between a Lawyer, Accountant and a Financial Advisor

When it comes to business, it’s important to surround yourself with people who can help you, both at the beginning and throughout the life of your business. Lawyers, accountants and financial planners all have important roles to fill when it comes to business. Some of these people may be needed on a regular basis, while the need for others comes and goes, depending on what your business goals are.

For instance, financial planning is essential before you even start your business, to ensure the concept is a viable one. Without this in your business plan, the lenders won’t be able to tell if the idea is a good one that will make a profit; something they need to know if they are going to lend you money. A financial planner can also help you grow your business once it is established. They can ensure you get the most out of your business profits by creating an investment plan. Simply putting money in the bank is not the best way to invest it these days.

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shareholder-disputes

3 Ways to Handle Shareholder Disputes

There are many people involved in running a business from management to staff to shareholders. Often disputes arise, especially when shareholders think management is making poor business decisions that affect their income from the business. When disputes arise they often need to be handled by a commercial lawyer, but there are some other methods that can be used to get the issues solved quickly and cost-effectively.

  • This is when an independent mediator is used to help the parties involved make good decisions. The mediator doesn’t make the decisions; their expertise lies in facilitating discussion and defusing tense situations that do nothing to help get the matter resolved. An independent mediator is a neutral party who is not affected by the outcome of the dispute; this is why both parties feel they can be trusted.

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Causes-of-Litigation

The Many Causes of Litigation

When you own or run a business, litigation is one of the many hazards that you may face.  It is essential to consult with your commercial lawyers for sound legal advice and find out what steps are needed to resolve all kinds of disputes quickly and prevent litigation that could be the ruination of your business. Taking out insurance to cover litigation is also essential, otherwise you could find yourself bankrupt.

Here are some of the causes of litigation that businesses face and tips to prevent it: –

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Business-Structures

The Different Kinds of Business Structures

If you are considering setting up a business, there are different kinds of business structures that you need to know about. This will enable you to decide which one best suits the type of business you have in mind. It is a good idea to consult with lawyers to ensure you are choosing the right structure and that you comply with all the rules and regulations. This could also assist you with any future possible business disputes including shareholder disputes.

Once you decide and start up your business, it is always a good idea to keep those lawyers on hand so you can get their advice on any legal matter that may arise. They will be familiar with your business by then and be able to offer the needed advice quickly, which is good when time is of the essence.

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Starting-Your-Own-Business

Pros and Cons of Starting Your Own Business

There are many advantages to starting your own business, but there are also some disadvantages. Even though you may be fed up with working for a boss in the SEO agency, it is wise to take all these into consideration before starting up your own business. Consulting with a lawyer for legal advice is one of the best ways to get a deeper understanding of everything that must be done. Following your solicitors advice will ensure your business is legally set up, but they will also help you with many other aspects of running a business.

Here are some of the pros and cons of starting a business from scratch: –

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estate-planning

5 Estate Planning Steps to Consider Before Seeing the Lawyer

If you are considering estate planning to take care of your assets and divide them properly between your loved ones, experienced family lawyers like Lynn and Brown Family Lawyers will tell you to write down the information they need before you make an appointment with them. In this way they will have all the information to hand and can get on with the job, saving you both time and money.

So to that end, here is a list of steps you need to take to ensure you have everything covered.

  • Physical assets – these are house, car or any other vehicle you may own and any other asset worth over $100. This can include electronic devices, home theatre, camera, artwork, jewellery, ornaments and expensive even clothing such as a fur coat or wedding dress.

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avoid-litigation-in-business

6 Common Sense Tips to Avoid Litigation in Business

Litigation is every business’s worst nightmare. Legal Advice will tell you that not only is it time consuming and expensive, the trauma of it all can cause you to feel ill and affect your ability to make good business decisions, so business growth will be hindered. It can also affect employee morale and the reputation of your business. That can cause a lot of loss and take years to recover from.

So how do you avoid litigation? Here are some common sense tips to help you.

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cancel-violence-restraining-order

How to Cancel or Vary a Violence Restraining Order

Once a Violence Restraining Order (VRO) is in force, sometimes circumstances between the Applicant and Respondent improve and it is no longer needed. PCLB Criminal Lawyers can give you good advice on how to go about cancelling the order, otherwise you can still be tried for breach of the order if you breach the terms.

To have the VRO cancelled you have to fill in a special form called Form 8 Application and lodge it with the Magistrates Court. The form has a space for you to write down the reasons for the cancellation or the variation so the court will know if there is sufficient reason.

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leasing-a-commercial-property

8 Issues to Consider when Leasing a Commercial Property

Most businesses don’t own the premises they work from, but lease them. A property lease is much cheaper than an outright purchase and you have the option of not renewing it when the time comes if you think your business could do better in a different area. It is important to consult property lawyers before signing the lease, especially if you don’t know much about them.

Here are some lease issues to consider before you sign on the dotted line.

  • Make sure the term of the lease is long enough for you to recoup the investment and make a profit. Landlords are under no legal requirement to renew the lease. Plus, when they do renew they have the right to increase the cost.

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Personal-Client-Information

Personal Client Information and Your Business

When you have a business that needs to handle and/or store personal information from clients, it is essential to comply with the Privacy Act, known as the Australian Privacy Principles (APP). According to digital marketing experts Slinky Web Design you may have a business website that handles customer credit card transactions that your online marketing agency has set up for you.

Even if you have as carpet cleaning business, having lawyers to help you will ensure your business is in compliance and they can also tell you if it is necessary for you to do so. Not all businesses need to.

This is just one of the many reasons it is wise to retain solicitors for your business. At least they will know all the details about your business and be able to give you the advice your need quickly.

Not all businesses need to know their clients personal information to conduct business. This personal information includes such things as…

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initiate-divorce-proceeding

How to Initiate Divorce Proceedings

No matter which Australian state you live in, before you can start divorce proceedings you have to live apart from your spouse or partner for 12 months and one day. An experienced divorce lawyer like Robertson Hayles Divorce Lawyers will tell you that it is possible to live in the same house and still be living apart. This sometimes happens if living in another house or other accommodation would be difficult financially.

However, you must prove that you are living apart in the home and that there is no likelihood of reconciliation. For instance, there must be two bedrooms in the house so it is obvious you and your partner are not sharing the same bed.

Attending court for a divorce

If there are no children from your marriage and you apply for a divorce, you don’t have to attend the court hearing. In some cases a couple may have made a joint application for a divorce. In this case, if there are children from the marriage under 18, neither you nor your spouse have to attend the court hearing.

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spent-conviction

Benefits of a Spent Conviction

Anyone who has been convicted of a crime in their youth may have mended their ways and not want anyone to know about it. If the offence was over ten years ago, they can apply to have that conviction ‘spent’; that is, wiped from the records.  A criminal lawyer will tell you that such convictions have two classifications: lesser convictions and serious convictions. Here is how this is worked out.

  • The lesser conviction refers to a sentence of less than $15,000 for the fine, or under twelve months for a lesser conviction.
  • A serious conviction is imprisonment of more than a year in length or over $15,000 for the fine.

To have your conviction ‘spent’ you must apply through the courts. The review of the conviction should only take around 21 days.

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buying-a-business

What to Know about Buying a Business

Many people decide to buy a business because they think it will be less work than a 9-5 job, or they think that at least they can’t be sacked. The first is simply not true and while the second may be true, a business can easily fail and so in that way they will lose their job – and often much more. So before you purchase a business, consult with commercial lawyers and an accountant to make sure it is a good deal.

Meanwhile, here is a checklist of things to see about before you buy.

  • Make sure the sellers are not due for pending litigation. This can point to problems with the business.
  • Do your financial due diligence by having an accountant crunch the numbers you’ve been given. They will soon seen if the profit has been artificially inflated just prior to selling.

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intestate

Are You Intestate?

Not a lot of people think about making a legal Will drawn up by family lawyers; they may just tell their spouse or children that anything they have should be divided equally between them.  Unless one of their children is a favourite, in which case they may want that person to get everything. But unless they make a legal Will, this is unlikely to happen.

If you don’t have a Will, when you pass away you will be declared intestate, which simply means without a Will. Any assets you have will not be distributed to your family, at least not immediately. First, the matter will have to go through legal proceedings to ascertain exactly what you have in assets and how much it is all worth.

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violence-restraining-order

Violence Restraining Order Explained

A Violence Restraining Order (VRO) is a special court order that can be applied for by a person who fears that their partner or ex-partner will be violent towards them. If you have had a VRO served to you, you are known as the respondent and your ex-partner is known as the Applicant. A good criminal lawyer such as Culshaw Miller Criminal Lawyers will tell you that if you don’t obey the instructions in the VRO you can face gaol time.

If you have been in some way violent to your partner, or have intimidated them in some way, or damaged property belonging to them, then they have the right to apply for a VRO against you. This will be served (given to) on you by the police and is in force from that time, usually for a period of two years or longer.

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franchise-contracts

10 Points to Consider with Franchise Contracts

Many people join a franchise as a cheap way of going into business for themselves. Sometimes it works out well and sometimes it doesn’t, for various reasons. It is important to understand franchise contracts before you sign up. These have been drafted by experienced commercial lawyers and are quite comprehensive.

Here are 10 points to consider when it comes to franchise contracts.

  • The contract for a franchise is non-negotiable. If something does not suit you, there is no way to change it. This is because companies that run franchises find it easier and fairer if all their franchisees are on the same page.
  • If there is something in the contract that you don’t understand you can ask for a letter of clarification. This will usually be given because it helps to establish trust between the two parties.

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benefits-of-estate-planning

7 Benefits of Estate Planning

Estate planning is about much more than just creating a Will so your assets will be divided the way you want them to be. Any estate planning lawyers will tell you that by planning your estate you are making the best decisions about your future and your family’s future in many ways. Here are several benefits of estate planning.

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business-contracts-and-agreement

10 Tips to Make Good Business Contracts and Agreements

Every business owner needs to know about contracts and agreements; they are all part of running a business. Unless you are highly trained in the matter, choosing commercial lawyers to draft them or at least read them through will ensure that the contracts are legal and fair and keep you out of trouble.  Here are some tips to make good business contracts.

  • Very often, an oral agreement is made when the situation is a simple one. However, even though in some cases an oral agreement is legal, it is rarely enforceable in a court of law. And in some cases such an agreement is not legal. It is far better to get the agreement in writing so both parties know where they stand.

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traffic-offence

What Happens When You are Charged with a Traffic Offence

What happens when you are charged with a traffic offence usually depends on whether you plead guilty or are found guilty by the court. It also depends on how serious the charge is. Not all charges result in gaol time. It is a good idea to consult with criminal lawyers to find out what will happen and whether you will need legal representation at the trial.

For less serious charges you may not have to attend court, but then it is possible that you may be convicted. If you don’t go to court you will have to phone the court registry after the hearing to see what the verdict was.  If you get a Notice of the court hearing, that means you don’t have to attend, but can if you want to.

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property-settlement-after-divorce

How a Court Decides on Property Settlement after Divorce

While no one marries with the idea of divorcing, top family lawyers can attest to the fact that unfortunately, divorce still happens to a good percentage of couples. When it does, one of the main areas that has to be settled fairly is the distribution of assets. Even if there are not many assets, it is still important that both partners are treated fairly when it comes to asset division.

In fact, the court will also decide on the fair division of debt as well as assets, so that one person is not left with the kind of debt that they cannot possibly manage and the other person gets assets and no debt.  So how can a court possibly decide what is fair and what is not fair? Certainly it would be easier to make such a decision in a case where there are no children, both work and have equal income. However, this is rarely the case.

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conveyancing

Can I do My Own Conveyancing

All the legal work done in buying or selling property is called conveyancing. It is usually done by a conveyancer or commercial lawyers, both of whom are fully trained and experienced in such matters. Of the two, the solicitor can give you better legal advice than a conveyancer. However, if you are a detail oriented person, you may be able to do the conveyancing yourself. The only thing is you can be liable for the loss if something goes wrong with the sale.

Conveyancers and commercial lawyers take out professional indemnity insurance to cover them for the possibility of loss. You can also do this, but it is unlikely that you would be able to take out the same amount of insurance as a professional person. And by the time you pay for this and all the other costs involved, you don’t really save much.

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starting-your-own-new-business

Checklist for Starting Your Own New Business

Some people have a dream to start their own business from scratch, rather than building on someone else’s business. It is a good idea to consult with commercial lawyers if you decide to go this route because there is a great deal involved that you may not know about. In fact, starting your own business can be hard work, so here is a checklist that will help you.

  • You need to know if your business idea is likely to be successful. Do some research and see if there are other similar businesses in the area that you would be in competition with. Find out if there is a market for your business. For instance, there would not be much need for wagon wheels these days, but coffee shops often thrive, especially if you can have a unique selling point. For instance, you could offer homemade blueberry pies.

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duty-lawyer

What is a Duty Lawyer?

A duty lawyer is employed by Legal Aid, WA, to give advice and to represent people who have been charged with a criminal offence. Their services are restricted to cases appearing in the Magistrates Court. They can advise on a wide range of issues and can help you in many other ways. If you cannot afford to consult with criminal lawyers, the duty lawyer can help you.

However, if the matter is to be heard in the Supreme Court or the District Court, or if it goes before the President of the Children’s Court duty lawyers will not be able to represent you unless you already have a lawyer who asks them to represent you on that day.

How can a duty lawyer help you?

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Disadvantages of a Binding Financial Agreement

6 Disadvantages of a Binding Financial Agreement

When two people are about to enter into a relationship, one of them may decide that a Binding Financial Agreement (BFA) should be drawn up to protect them from financial loss should the relationship fail.  Consult the lawyerslist.com.au to find family lawyers to give advice to both parties involved and get an explanation on exactly what the terms of the agreement mean.

While such an agreement can be entered into at any time – before, during or after the relationship, it is best to do it beforehand or even during the relationship while both parties are happy. To be fair, there should be input from both parties, although this often does not happen. While there are advantages to having a BFA, there are also a few disadvantages.

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business-insurance

Why Insurance is Important in Business

Many business owners try to save money by not having any insurance or by not having enough. One is just as bad as the other if something disastrous like a flood or a fire wipes out your premises. You stand to lose everything and will have no way to recoup your loss. You will never be able to start up business again and may not be able to pay your debts. Commercial lawyers will tell you insurance is one of the most important aspects of a business.

Not having enough insurance is almost as bad as having none. There will not be enough to cover your loss and start up again if there is not enough insurance. The only good thing is that it may just cover your debts. But that is small comfort if you want to start your business up again.

There are different types of insurance you need for business.

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avoid-contempt-of-court

Why You should Avoid Contempt of Court

Contempt of court is when a person does not behave appropriately in a court setting, or does not attend court when they were summoned to attend. It is an offense that can attract a fine of up to $12,000 or 12 months gaol time – and sometimes both. If you have to appear in court, your legal adviser will advise you how to behave appropriately and then it is up to you to do so.

So exactly what kind of behaviour is considered contempt of court? Here are some examples.

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lease-assignment-and-sub-lease

Lease Assignment and Sub-letting Issues

No one knows for sure what their future holds and there could be some circumstances where you cannot continue to operate your business and need to sell it. When you get sound legal advicecommercial lawyer will be sure this eventuality is provided for in the lease. There should be a clause stating that the landlord cannot reasonably stop you from assigning your lease to someone else.

You will need to do this if you sell the business before the lease is up, or sub-let it to another person. However, if this happens it is essential to ensure that in the original lease there is a clause to say that you will not be held responsible if the person to whom you assign the lease defaults on the  payments. Otherwise you can be held responsible for the cost of the lease when you are no longer running the business.

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Buying-Established-Business

The Advantages of Buying an Established Business

If you’ve longed to run a business and work for yourself rather than putting up with a boss there are two options. Buy an established business by browsing online business sales websites or contact a business broker, whether you want to run a removals business like Brilliance Removalists, cleaning operation or digital marketing agency – or start up a new one from scratch.

Both options have advantages and disadvantages, but whichever you decide on, it’s a good idea to consult with lawyers before signing on the dotted line. That way you’ll be sure that all is as it seems and your solicitors will be available to you whenever you need them to ensure everything is done legally.

While it may seem cheaper to start up your own business, there are several good advantages of purchasing one that is a going concern already. Here are some of them.

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