Child Support
In case of divorce , the continued care and support for the children below the age of eighteen years is important . Family courts in Australia demand specific arrangement from the parents for child support.
There are different ways and methods by which child support can be ensured. There are specific agencies which assist separated parents to arrange for child support. Parents can also arrange child support without the participation of outside agencies and government.
Limited agreements can be signed by both parties for child support. There are concomitant tax benefits in case of expenditure on account of child support.
Conveyancing
Conveyancing is the process by which a legal title to real estate or property is passed on from the seller to a buyer. In Australia, Conveyancing is divided into two parts: The first part is exchange of contract and the second consists of completion of sale.
Conveyancing ensures that proper title of the real estate or property belongs to the seller and there are no existing disputes regarding the title. One must also ensure that there are no restrictions on sale placed by the State or government. Conveyancing laws and provisions vary from state to state in Australia.
De Facto Relationship
In Australia De facto relationships are considered at par with married couples. In case there is a dispute, de facto partners are equally responsible for the welfare of their children in case there is a dispute regarding their relationship.
De facto relationships can be between same sex or opposite sex partners. Family laws are applicable in de facto relationships and disputes can be filed in family courts in their jurisdiction. Recent changes in law with regard to De facto relationships have been made in March 2009.
Divorce
Any Australian citizen can file for divorce after separation of twelve months from the spouse. The Australian courts do not demand any specific grounds for divorce except that the marriage has broken down irretrievably and there is no possibility of partners coming back to resume the married relationship.
A divorce application can be lodged by an individual separately or along with the spouse in which case they become joint applicants. In case they have children below the age of eighteen, the applicants must be able to satisfy the court that sufficient arrangements have been made for their welfare.
Estate
The property or estate of a deceased person is distributed among the dependants including spouse and children according to the Will. However, in recent times the Will comes under dispute. The estate administration and distribution is the duty of the executioner of the Will.
They have to ensure that the letter and spirit of the Will is protected while distributing the estate among the beneficiaries. In case of dispute, the executioner is responsible for the administration of the estate till resolution.
Family Law
Family law deals with legal issues connected with family. It encompasses the entire gamut of relationships and provides legal framework within which individuals can resolve family disputes.
The principle of ‘best interest of the child’ is important where divorce settlements are concerned. Family law stipulates the process and procedure to be adopted in case of family disputes. Family courts are designated for cases dealing with family law.
Family Lawyer
As the name suggests, family lawyer deals with cases which pertain to the family. Divorce, separation, maintenance, child support and related dispute resolution are issues which can be complex because of emotional reasons.
A family lawyer specializes in these cases and can effectively represent individuals in relevant family court. It is in the best interest of people to appoint a family lawyer whenever there is a family related matter which requires professional guidance.
Prenuptial Agreement
Prenuptial Agreement is essentially a financial contract executed by the spouses, either prior to or after the marriage. This document provides the means and manner in which the estate and property of the partners would be distributed in case of divorce. While signing Prenuptial Agreements it is necessary to disclose all information regarding the assets, property and other investments of both the parties.
Since a Prenuptial Agreement is financially binding and will have a major impact in future in case it is executed , all care and attention should be given while drafting the document.
Property
Australian property law comprehensively deals with all property related matters. The rights, obligations and responsibilities regarding property are described under the property law. The emphasis of the law is on property with respect to land and real estate.
The property laws in Australia differ from place to place. It is therefore important to consult with a property lawyer who will be able to advise regarding prevailing laws in a region. The registration of title is important to establish ownership of property. Each state has a central registry which indicates the ownership of land by individuals.
Retirement
Under the Australian law, employers are required to deposit a certain percentage of employee salary into the superannuation fund. This fund is utilized by employees in case of release from employment.
Retirement benefits to beneficiaries are ensured through government funding, superannuation fund and voluntary contribution. The corpus of the superannuation fund is now over a trillion AUD and one of the largest in the world.
Separation
In Australia, according to family law, a mandatory separation of one calendar year is necessary before filing for divorce.
Separation can be said to have occurred once either party has communicated to the other about the decision. It is not necessary that one of the spouses move out of the marital home.
A couple can be separated even while living under one roof but the onus of proof regarding the separated status lies with the couple. In case of marriages lasting less than two years, counselling of both partners is mandated under law.
Will
A Will is a legal document which stipulates distribution of the property among children and spouse in case of death. A will has be valid under Australian law to come into effect.
There are two parties to a Will. The beneficiaries are the children and spouse whereas the executioner ensures that the Will is executed properly.
A Will has to be written again after marriage, divorce and upon children reaching an age of eighteen. Reviewing a Will at regular interval is important to ensure that it remains valid.
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