A Family Law Case where the nature of the parents relationship and conflict generally make it hard to get equal custody arrangements Although there are many applications by fathers to get equal custody arrangements put in place with their children, even after mothers have already had interim or long- term primary care, there are some …
Bankruptcy Deceased Estate
29 July 2020
Insolvent Deceased Estates – What you need to know
Insolvent Deceased Estates It is well known in Australia that you can’t inherit a debt from a relative (unless it attaches to an asset you are inheriting. But what happens if your loved one passes away, leaving more debt than assets. Who pays the debts? Just like with living people, if a person dies while …
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Power of Attorney
12 May 2020
Why you need a Power of Attorney
Why you need a Power of Attorney When you are looking into your estate planning you will often come across Powers of Attorney. A Will protects your interests after you pass away, but a Power of Attorney protects you while you are still alive. There are many different types of Power of Attorney and it …
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Custody Family Law
30 April 2020
Winning custody as a father: a case study
Family Law Case where a Father got custody and 70% of the assets As a family lawyer, I hear quite often from husbands and fathers going through the family law courts that “women always win” and “women always get the kids and most of the property”. Another gripe is that your ex-spouse will get half …
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Wills
24 April 2020
When and how to update your Will
When and how to update your Will At Rigoli Lawyers we generally recommend that you update your Will at least every 10 years and at least review every 5 years. We anticipate that within every 10 years, your life will have undergone a large number of changes, so it is also likely that your wishes …
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Wills
25 March 2020
Will you protect what is important to you?
The importance of having an up to date will As everyone’s lives get busier and busier (not to mention facing major events), one thing people often put off is making a will. A will is an important legal document that allows you to plan for your family’s future if something were to happen to you. …
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Family Law Self-Managed Super Funds Separation
17 September 2019
Self-Managed Superannuation Funds in Family Law Disputes
Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes that could lead to financial penalty or in some …
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Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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Custody Family Dispute Resolution Family Law Laws on Children Parenting Orders
3 July 2019
Changing Parenting Orders – how to change a court order
Changing Parenting Orders – how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979) FLC 90-725. This case provides that where final …
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Divorce Family Dispute Resolution Family Law Mortgage Property Property Settlement Transfer of Land
18 June 2019
Forcing a sale of jointly owned property in Victoria
Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …
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