Legal Advice

Pursuant to section 61DA of the Family Law Act 1975 (Cth), the presumption of equal shared parental responsibility exists within family law proceedings. However, this presumption does not apply in circumstances where parents have engaged in family violence due to the effect of section 61DA(2)(B).

What should I do?

What happens if a separation does occur.

A separation has three elements;

Either party or both intend to end the relationship;

Either party indicates that intention to the other party and;

One of the parties or both parties act upon that intention to end the relationship and lead separate lives

There are important things that you should consider if a separation is inevitable.

What Happens to Pets and Animals During Divorce Proceedings?

As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision of who gets the primary care of the animal can sometimes be tense and lead to hostile situations.

A Simple Way To Find a Family Lawyer Brisbane That Works For You.

Depending on how long a couple has been together, separating can be a lengthy, sometimes confusing and often painful process. Then there are all the legalities involved in the situation.

Find a Family Lawyer Brisbane that gives the right advice.

This is one of the times in life where you need to find a family lawyer that gives the right advice the most. It will help speed up the process and take a lot of the stress and confusion out of it all.

Let’s look at a few steps to help put you on the right path.

Searching for a Virtual Lawyer which fits your budget? You should know that- For many decades going to law school in Australia virtually guaranteed graduates a long and prosperous career, where often the sky was the limit when it came to their income potential. The field of law was like some mystical realm that us regular folk didn’t have access to and could never hope to comprehend.

How To Hire A Virtual Lawyer on The Law App Online?

Virtual Lawyers make themselves available on The Law App while potential clients post briefs that detail their issue they need resolved. When a client posts a brief, they also include their maximum budget for the service. The Virtual Lawyer then write proposal and bid on the briefs, hoping to land the work.

Having some sort of legal Problem that needs to be resolved can be stressful enough without having to physically go out and visit a lawyer in their office downtown. Many legal dilemmas are exacerbated when you find out just how much the services of the law firm are going to cost you to help resolve your problem.

The Law App – Best Solution for your Legal Problem

This handy app is like a platform for freelance lawyers. It’s kind of similar to popular trades and services platform, Services Seeking, except it specialises in lawyers only.

These conflicts also affect how children view safety and security of their homes, as they often blame themselves for the Parental Conflicts.

Parenting arrangements involving high levels of conflict and anger post-separation are twice as likely to foster these children’s issues compared to families that remain together.

Post-separation conflict has been established as having the worst effect on relationships, with children often demonstrating signs of stress, depression, anxiety and anger.

If you are not sure what The Law App actually is, think of it like a freelancer site to find lawyer practicing in all different fields of the law. Instead of being a general Services App

Find Lawyer Virtually using The Law App, is it worth it?

For starters, joining the platform is completely free for clients. The only time you make payment to The Law App is via a 10% fee of the cost you are paying your selected lawyer. It’s as simple as that.

For decades, if you wanted a divorce in Australia, you had to prove your spouse was to blame. No-fault divorce was not legal by local law.

The grounds ranged from habitual drunkenness to adultery, and many cases involved the use of private investigators.

Some couples who privately agreed to separate would even have to stage adulterous trysts for later evidential use in court.

This all changed in 1975 with the introduction of “no-fault” divorce and the Family Court system.

The best lawyer working these days are looking for new ways to attract and keep clients and realise that embracing new technologies is the way of the future.

The Law App is an innovative new online marketplace for lawyers and clients to interact directly anywhere at any time.  The Law App is a comprehensive online technology  where the general public can sign up for free to create a profile and start posting the specific legal problem they want to  be solved.  The technology then links your problem with lawyers specifically based on the criteria you select such budget or hourly rate, location, area of legal practice and years of experience.

For law firms, getting more customers isn’t as simple as it is for other service based businesses. Advertising some sort of promotion often just doesn’t get results, because the promotion is not necessarily seen by the people who are seeking the services of a law firm.

While everyone needs to buy food, not everyone needs the services of a good lawyer every single day.

If you know what we are saying then please take a look at a few simple ways lawyers can find more relevant leads online at The Law App

For more information, please talk to Experienced Lawyers at The Law App on 0490 135 339

HELP! I’ve Got An Executor Dispute: Can I Remove an executor of wills?

It is not uncommon for clients to raise they are frustrated with how the executors of wills is administrating a deceased person’s estate. These complaints typically arise from beneficiaries to a Will, being the category of person who benefits under the will.

Before dealing with these issues, it is necessary to understand the nature of the executors of wills, position, and the responsibilities this position demands.

James Noble Law is standing by on 1800 662 535

Determining issues at Family law Act 1975

When the Court makes a determination on property issues it takes into account the provisions of the Family Law Act 1975 and in particular the approach for the determination of an application under section 79 of the Family Law Act. 

The principles are well established by authorities (in the marriage of Lee Steere (1985) FLC 91-626; in the marriage of Ferraro (1993) FLC 92-335; in the marriage of Clauson (1995) FLC 92-595 and involves consideration of the following factors where superannuation is not a relevant factor:

What were the assets, liabilities and financial resources of the parties and values at the time of the hearing;

What were the financial and non-financial contributions made directly or indirectly by or on behalf of each party to the acquisition, conservation or improvement of the property of the parties?

What was the contribution of each party to the welfare of the family including contributions made in the capacity of homemaker or parent;

What is the effect, if any, of any proposed order upon the earning capacity of each party;

What matters referred to in subsection subjection 75 (2) of the Family Law Act are relevant and what adjustment, if any, should be made as a result of these factors. (this will be referred to later);

Have there been any other orders made affecting a child or either party and is child support payable or likely to be payable in the future for the children of the marriage;

After consideration of these matters, is just and equitable to make the actual orders.

Steps two (2) and three (3) are generally considered the one step, namely “contributions”.  Steps four (4), five (5) and six (6) are often inter-connected considerations and are usually considered as one step loosely described as the “section 75 (2) factors”.  Hence the classic “four (4) step process”.  

The words “cheap” and “lawyer” don’t often go together in the same sentence, but that’s all changed with the introduction of a cool new online tool called “The Law App”.

What Kind of Lawyers Can be Found On The Law App?

The short answer is: All kinds of lawyers.

Let’s list just a few common examples of the type of lawyer you might require that can be found on The Law App and what they specialize in:

Criminal law

Family law

Commercial law

Litigation

Property conveyancing

Personal injury lawyers

Will preparation and estate planning

Intellectual property law

Bankruptcy lawyer

Corporate law

Immigration lawyer

And more…

Merging Family Courts and Early Senate Reports

The current structure of the Family Court and Federal Circuit have led to systematic backlogs of cases, with Judges required to hear a multitude of matters on a single day. This has led many parties who have proceedings before the Court to be frustrated, and rightly so.

The planned merging of the Family Court of Australia (FCA) and Federal Circuit Court of Australia (FCCA) has been a government objective since early 2018. However, this Bill was contingent upon the Senate Legal and Constitutional Affairs Committee Report (released on 15 April 2019). With time pressures of whether the bill, in an amended form, would be heard before the sitting Parliament prior to the next Federal election, the Committee released the report some two months early.