It is very important that your Will is always current and up to date. Why? If the Coronavirus Pandemic has taught us anything, it’s that the future is unknown and preparation is key.
So, why should you update your Will?
There are a number of reasons why this important task should be a priority for you.
Children Family Court Jurisdiction: In a recent decision in the Family Court found that it was very regrettably that the mother did not support the child being vaccinated.
The Court considered that her opposition to the child being vaccinated, as the child’s principal carer, would likely complicate the process and make it much more difficult for the child.
The Court considered that in these circumstances it would be counter-productive for the mother to accompany the father and the child to any medical appointments concerned with the vaccinations.
Bankruptcy Act 1996 and Family Law Act 1975 – AustLII and Divorce Loopholes
Under the bankruptcy act 1966 law, creditors are unable to claim against a person’s estate if that person has declared bankruptcy.
However, there are certain situations where the bankruptcy act 1966 can be orchestrated to appear this way, so as to purposely avoid paying debts.
The recently announced 2021-2022 Budget has allocated $100 million over 4 years to the Family Court and Federal Circuit Court of Australia.
It is hoped that this increased funding will assist in reducing the significant delays associated with the Court, which were amplified during the COVID-19 pandemic. The funding will also assist in improving safety measures for litigants, children and their families and the overworked system in general.
Child support can be managed between the parties in a number of ways. Some parents prefer to and are able to have very flexible and informal arrangements between them. Others prefer that their arrangements are managed via the Child Support Agencies – and other parents formalise their arrangements via a Private Agreement.
A private Agreement determines how the expenses which may not necessarily be covered or considered sufficient under a child support assessment, completed through the Child Support Agency, would be paid by each parent.
Taking the first step
Are you separated under one roof? If you and your partner are contemplating a divorce, you have also most likely considered living separately during the process.
Although it is a requirement for you and your partner to be separated for a minimum of 12 months prior to filing an Application for Divorce, there is no requirement for the parties to reside separately after the difficult decision to separate has been made.
What is separated under one roof?
As the COVID-19 pandemic continues to disrupt daily life in Australia, the added stress and uncertainty on the potential impacts on parenting arrangements for separated parents is ongoing during these unprecedented times.
The short answer is that if you have Court Orders they are still legally binding during the pandemic. However, parents may need to adopt a degree of flexibility in some circumstances.
Divorce property settlement examples Australia: Following the recent separation of billionaires Bill and Melinda Gates after 27 years of marriage, it has been reported that the couple chose to separate amicably and to privately negotiate their property settlement outside of the Court and public eye.
The lawyers at James Noble Law have been drafting and advising regarding succession, Wills and Estate Planning law for over 30 years. We can help you with all of your wills and estate planning needs. Our professional financial and accounting partners can help you plan for your future and for your families.
The De Facto Relationship in Australia Financial Matters and Other Measures Act came into effect on 1 March 2009.
Prior to that, the rights of de facto relationship in Australian parties were governed by State legislation. The introduction of the new legislation to the Family Court, which is federal legislation, gave extra powers to the powers that de facto couples had under the State legislation.DE FACTO COUPLES
