Blog
Can I get a divorce if I have been married less than 2 years?
If you and your husband/wife have been married for less than 2 years, then you must attend counselling before filing an Application for Divorce. The two years is calculated from the date of the marriage to the date of applying for the Application for Divorce.
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How do I serve divorce papers in Australia?
When you divorce in Australia and you lodge your Application for Divorce, you are required to notify the other party (your husband or wife) that you have done this; unless you make a joint application. This notification is referred to as ‘service’.
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What happens to a loan from parents if the children divorce?
We have seen an increase in family law matters where one set of parents have provided money to their child and that child has subsequently separated from their partner. Whether the money provided by parents is a gift or a loan, can affect each party's entitlements when they divorce.
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NSW regulations for commercial leases during COVID-19. Landlord and tenant obligations and rights.
We previously wrote about commercial leases and the Federal Government Code of Conduct, back in April 2020. Since that time, the NSW State Government has passed its legislation which supports the code for NSW lease transactions.
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Is land tax to replace stamp duty in NSW?
It is very interesting to hear that the New South Wales State government is considering the abolition of stamp duty. What might this look like and will it actually happen?
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The difference between a loan and a gift to family members
We have seen an increasing interest of late in parents considering providing money to their kids. One of the most common reasons is to help with the purchase of their first home. But is that money a gift? Or is that money a loan that needs to be repaid?
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Electronic Funds Transfer warning - everything is not always as it seems
A recent (2020) New South Wales Supreme Court decision in Deligiannidou v Sundarjee [2020] NSWSC 437 is a cautionary tale for anyone sending money electronically, particularly large sums of money in property transactions.
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What has changed in my 40 years in the law?
After 40 years in the practice of law, our Director Martin Alfonso celebrates his career to date. And an obvious thing is to reflect on that time and think about what has changed, what hasn't and where to next.
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Effect of marriage on your Will and other estate planning documents
Getting married (or divorced for that matter) can have significant impacts upon any Will, Power of Attorney or Appointment of Guardian you already have in place. Likewise, if you didn’t have any of these documents before marriage, now’s the time (before marriage or divorce), to get them done.
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Why can't lawyers just answer with a yes or a no?
A question frequently asked by clients when they present their legal issue is whether they have a good claim. And the common response we give is "yes and no" (and machinations of that like, “it depends”). So why is that the case?
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Am I in a de facto relationship? Defining the meaning of ‘de facto’ and why it’s important in family law
Understanding if your relationship is considered "de facto" in family law matters is important if your relationship ends and you need to divide your assets and/or access spousal maintenance.
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Loans to family members; should I put it in writing?
There are a lot of reasons why you might enter into a loan arrangement with a family member. If the loan arrangement is documented appropriately, then it can be beneficial to all parties. But if you don’t put family loans in writing, there can be dire consequences.
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