Articles

The short answer is that a property settlement can take place immediately following separation, there being no need to wait for a formal divorce. Importantly, if married, any application for property settlement must be made within 12 months of your divorce or two years the date of separation for de

We find that people often confuse the process of divorce with the process of separating and adjusting property interests. The two issues are completely separate. You do not have to wait until you are divorced, to negotiate a property settlement with your former spouse. After separating, we recommend negotiating or

Whilst the formal requirements of valid will include the requirement that the will be in writing, the legislation does provide dispensing power in circumstances where the testamentary wishes can otherwise be proved. As to what constitutes writing, Wills have been found to be valid despite having been written on such

Wills may be challenged in certain circumstances , the task is to get the right result. Justice Young of the Supreme Court expressed the following opinion in determining the extent to which a court should interfere with a testator’s will:“…. In Australia there is freedom of a person to leave

Senior couple mountain biking on a forest trail, low angle WILLS: YOUR QUESTIONS ANSWERED* I find that there are many commonly and frequently asked questions relating to wills. Should I have a will? Definitely. A will is a must as it provides you the freedom of choice in choosing how

Second Marriages & Challenging Wills Many second marriage partners successfully contest wills. The usual scenario involves a couple who have remarried later in life after their first spouse has died. One or both may have children from their first marriage and very often no children from the second relationship. When

The duties of an executor are many and include the duty to arrange for the proper burial/cremation of the testator. Although this duty is usually assumed by members of the testator’s family or friends, it remains the duty of the executor to endeavor, so far as possible, to give effect

In parenting or custody disputes, the court must always consider the best interests of the child. When determining whether arrangements are in the best interests of the children, the court will look to see whether the orders: The principles underlying these objectives are that: At the Norton Law Group, our lawyers

The children’s best interests is the primary concern of the Court when it has to decide who children should live with following their parents separation and how much time they should spend with the other parent. The Court must consider the right of a child to have a meaningful relationship