How does the divorce process work in Australia? Going through a divorce or considering it can be one of the most stressful and emotional times of a person’s life. The legal process can at times be intimidating, adding to this stress. Its important to have a brief understanding of how the divorce process works to …
Relocation of Children
7 September 2020
Child Relocation: A Case Study
A family law case in which the mother was ordered to relocate with her child to be closer to the father in order to make it easier for both parents to agree on acceptable custody arrangements Tandy & Eastman In Tandy & Eastman [2020] FCCA 541 (19 February 2020 Federal Circuit Court of Australia) …
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Deceased Estate
28 August 2020
Common claims against Deceased Estates
Common claims against Deceased Estates One of the duties of an executor/administrator of a deceased estate is to pay out valid claims against the deceased. The most common types of claims against a deceased estate are based around: Family provision claims (disputing inheritance amount) Contractual obligation (unpaid loans) Family Provision …
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Power of Attorney Probate Wills
26 August 2020
Making a Will and Power of Attorney during COVID-19
Making a Will and Power of Attorney during COVID-19 During these uncertain times, we have seen an increase in enquires from people starting to think about the future, what is next after COVID-19 and what may happen to their personal and financial affairs moving forward. Our advice has been to consider making a Will and …
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Custody custody disputes Divorce Family Law Parenting Orders
14 August 2020
What factors determine equal custody of children: A case study
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 …
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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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