Family Law – Page 2

Winning the Lottery after Separating

After you and your spouse separate, do you think all lottery winnings should be yours alone? Striking it rich should be the happiest of times for just about any person. However, the idea of being forced to share that money with someone who you are no longer with, could be enough to ruin this for many people.

There is a chance that a large amount of your winnings could be awarded to your ex-partner. There are many cases where exactly this has occurred. One example is from October of 2014. In this situation, the Eufrosins were still married, but had been separated. The money that paid for the ticket in the first place was carefully considered in this case. The wife was the winner of the lottery, but the husband claimed that the ticket was actually purchased using funds that they shared. His logic was that he had contributed to buying the winning ticket, and felt that he deserved a share of the lottery money.

The outcomes of this trial have held that the relationship’s circumstances will play a large part in deciding whether the winnings should be shared. Although an agreement was in play where they were both withdrawing money from a shared asset, the court did not consider them together in any way. Each of the couple had been living ‘separate lives’ for six months, before the wife actually bought the ticket.

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Sorting Out Finances for Cohabiting Couples

If you are living in a de facto relationship, as many other couples around the country are, you might think that there will never be need for lawyers. After all, Davies & Co Lawyers tell us that without the formal agreements that come with marriage, everything you own is yours alone, right? This is a dangerous way to think, because you do not need to be married to be at legal risk, when it comes to your finances.

Couples who have been classified as de facto have a lot of the same rights as married couples, when it comes to separations. In fact, property settlements are largely similar, whether you are married or just cohabiting. This can even extend to the division of superannuation, and spousal payments.

Many people are not aware that they are living in a de facto relationship. When two people are in a relationship, and they live with one another in a domestic sense, they can be considered to be de facto. However, it does get a little more complicated than that. Couples who are not actually living together full time might still be de facto. When at least one person in the couple is still married to another person, or one or both of them are part of a de facto relationship with another person — they can still be considered de facto with the first mentioned person.

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New Vaccination Laws Could Put Stress on Families and Courts

The new “no jab, no play” laws might bring more problems than many advocates are aware of. Where separated and divorced parents are concerned, differing opinions could lead to undue pressure. This in turn could place additional stress on the family court system.

The Victorian Government has been pushing to bring in legislation that would effectively force parents to immunise their children, if they want to take advantage of childcare facilities, as well as kindergartens. Laws such as this have been passed in the US, as with California. Parents in the area are required to have their children immunised, unless they have a legitimate medical reason not to do so. This does not take into consideration personal beliefs on the topic, and has been a highly controversial law.

The Abbott Government is looking to deny payments from the Family Tax Benefit for any parents who refuse to have their children immunised. This stands to bring a whole new series of problems, as far as divorced or separated parents are concerned. A problem that many people seemingly do not see, is that the situation will compel separated and divorced parents to take the matter to court, where they do not see eye-to-eye on the topic. And many separated parents really do not need another reason to place more strain on the family court system.

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Don’t Hesitate to Ask About Legal Fees

Legal fees are a big concern when members of the public think they will need a lawyer. This is for a good reason, as those fees can add up to, and in excess of, tens of thousands of dollars. It is important to realise that this usually only happens when litigation cannot be avoided. This is typically due to at least one party being difficult or claiming more than they are rightfully entitled to. Whoever is the cause of the problem, both parties are often forced to spend thousands of dollars too much on legal fees.

In reality, most legal matters will not lead to litigation. The price of legal representation is often much less than the public assumes. A lawyer will generally charge by the hour. Choosing a solicitor who deals with a range of different legal areas might seem cheaper. A lower hourly rate seems like it will make things easier on the bank account. However, by retaining a lawyer who specialises in family law — you will find that they are more efficient, and can get the job done in less hours on average. This will work out as a comparative total fee, while securing a more suitable type of legal representation.

If you want to be sure that legal fees do not run to high, it pays to be sensible about how you proceed. Rather than being unrealistic, it is wise to take any advice that your solicitor gives you. Unless other parties are particularly difficult or spiteful, there should be no cause for high legal fees. You should find that the costs for adequate legal representation are quite reasonable when things are done in an efficient manner.

To give yourself piece of mind, and to avoid any unexpected expenses, you have the right to ask about potential fees before you accept legal aid or online legal advice. A good lawyer should be eager to tell you about possible costs, rather than going ahead with decisions, while you are left wondering. In many legal matters, there is a chance that unseen fees with accumulate. You should never hesitate to ask for information about fees that have been incurred, and also about estimated future fees.

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