incorporating
Take steps to make your Estate Plan now to make sure your legacy is protected.
Estate planning is the process of structuring your assets and liabilities so that they are left in an organised and deliberate manner to your loved ones, and to the exclusion of others.
There is a rise in complex estate disputes due to several social issues including:
A small, seemingly insignificant requirement can sometimes invalidate a Will, such as:
If there are problems with the validity of a Will a Court can make orders to rectify the problem but that is an expensive and uncertain process. It is much better for your Will to be prepared professionally and to avoid the risk altogether.
Some mistakes we see:
If you want to ensure that your assets are purposefully and deliberately handed down to certain people without the need for litigation or excess legal fees, you will save your estate and those you love thousands of dollars by having an appropriate Will and Enduring Power of Attorney.
There are several types of Wills that people sign according to their circumstances:
We may recommend people to with a blended family that they enter into a Contract to Make a Will
They may be appropriate in situations where two people leave their estates to their partner, and then their collective children from previous relationships in equal shares. As you would expect, if one of those people dies prematurely, the surviving person would receive the deceased’s estate to hold and distribute to the deceased’s children after they pass. However, the surviving partner might re-partner in their lifetime. Without a Contract to Will, the surviving partner could change the Will to give everything to their new partner, and the inheritance left for the deceased’s children would be re-directed to a new family.
A Contract to Make a Will is a document that is intended to ensure that once the Will is signed, the surviving partner cannot change their Will to suit a potential future partner. Once the Wills are signed, they cannot be changed again unless both people agree to make those changes.
Having the right Will in place is important to give you, and your loved ones, peace of mind. At Clarity Legal Group our team are highly experienced in Wills and Estates. We can guide you through the process and help you to achieve the best outcome for you and your family.
Contact us today on 07 5562 0444 or send an email to admin@claritylegalgroup.com.au or you can get started online by clicking here.
A divorce is a Court Order that severs your marriage.
You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.
It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
Once a divorce has been obtained, you have 12 months to finalise a property settlement.
Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.
You can only dispute the divorce where:
You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.
✘ NO – If there are no children under the age of 18.
✘ NO – if there are children under the age of 18 and you have made a joint application.
✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.
If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
A divorce order takes effect one month and one day after the divorce is granted.
It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.
You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.
Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email admin@claritylegalgroup.com.aum.au.
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
As family lawyers, we often get questions about spousal maintenance. Clients who have heard about it from family or friends sometimes have misconceptions about what
From both an emotional and a practical standpoint, getting divorced is seldom easy. It can be especially challenging if you and your spouse are from
Contact us today to discuss your situation with one of our experienced Lawyers.
NAVIGATION
SERVICES
CONTACT