A separating couple with children will need to work out the parenting arrangements for those children – where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the […]
The Process of Obtaining Probate
Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and vests title to the estate’s assets in the named executor/s. This is the official process that enables the executor to legally deal with the deceased’s estate. As the legal personal representative of the […]
Mortgages Made Easy: Obtaining Finance to Buy a Home
Most people buy a home with a combination of their savings, proceeds from the sale of an existing home and a loan from a bank. Securing finance to purchase a property involves a number of steps and expenses. Below is an explanation of a typical mortgage. However, care should be taken to read and understand […]
The power of the ATO and family law settlements
Many clients come to see a family lawyer wanting to talk about issues related to the ATO, while others haven’t turned their minds to their own tax affairs for some time. Generally, we find there is a misunderstanding about the role and power of the ATO in family law property settlements. Family law […]
The perils of not making a Will
What do Michael Jackson, Abraham Lincoln, Picasso, Jimi Hendrix, Stieg Larsson and Robert Homes a Court all have in common? You would be forgiven for thinking, not much. But in fact they do—all six died intestate which means, they died without leaving a Will. Even the rich and famous can fail to plan ahead when […]
Take care when buying a property off the Plan
The term “buying off the plan” usually refers to purchasing a property that is not yet registered as a separate lot with the government department responsible for land title registrations, or a property that is not yet built. Buying off the plan can refer to the purchase of a block of vacant land that is […]
Understanding your Spousal Maintenance Obligations
It is not widely known that when we enter into a marriage or a de facto relationship, in certain circumstances, a spouse may be liable to maintain the other in the event that their marriage or de facto relationship breaks down. This responsibility to financially assist the other is set out in the Family […]
The Risks of Going Guarantor
Has a family member asked you to provide a guarantee for their home loan or personal loan? If so, you need to be clear about your obligations under a contract of guarantee. What is a guarantee? If a lender is concerned about a borrower’s capacity to repay a loan or has classified the borrower […]
GST and Residential Property Transactions
The responsibility for remitting Goods and Services Tax (GST) to the Australian Taxation Office (ATO) generally falls on the party making a ‘taxable supply’. In a property transaction, this has traditionally meant the vendor or developer (supplier), unless the contract provides otherwise. From 1 July 2018 purchasers of ‘new’ residential property must deduct the […]
Fact or Fiction – top 5 myths about family law property settlements
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children. Unfortunately this is reflected in a great quantity of inaccurate statements, often regarded as fact […]