Family Law - Binding Financial Agreements - Pre-Nuptial Agreements - Will a court enforce a BFA that is a bad bargain for one of the parties?
Date: January 11, 2012
Authors: Patrick Mulligan B.A., LL.B.
CASE NOTE: Sanger & Sanger [2011] FamCAFC 210 (28 October 2011)
Facts
This case concerned a couple that entered into a biding financial agreement (BFA) after they separated. They were married for 17 years. They entered into the BFA after they separated in 2007. The relevant clauses of the agreement provided that the home was estimated at $750,000 provided that repairs were undertaken. The husband had to undertake the repairs which were estimated at around $31,000. Further the agreement provided that commercial properties including his business were comprised in a fund. From that fund the wife was to receive $350,000. Anything above that sum would go to the husband. Either way the agreement provided that he must give the wife $350,000 from proceeds of those assets. The BFA estimated that the split would be 60/40 in the wife’s favour. As it turned out his business that was estimated at $400,000 went into voluntary administration and was worth nothing. Further, the repairs in the house exceeded the estimated repair bill. The husband also argued that the wife was unjustly enriched by approximately $115,000 of payment that were not contemplated by the agreement.
The husband therefore argued that the relevant clauses of the agreement that guaranteed the wife money from the fund should not be enforced by the court. He also argued that the wife was unjustly enriched and that the BFA was impracticable in light of the change in circumstances. Effectively he argued that he did not get what he bargained for and that pursuant to s90K(c) of the Family Law Act the BFA should be set aside as it was impracticable.
Held
The court applied equitable and contract principles. They assessed the relevant provisions of the BFA. The court noted that the recitals and the provisions in question acknowledged that there was a risk involved. Each party had taken on some risk in the transaction. In particular, the commercial properties in the fund could have been higher in value, therefore distributing more funds to the husband if they were valued well over $350,000. Further, the valuations were agreed to in the BFA as estimates. The fact that the house was estimated at $750,000 and sold for $649,000 was a risk that was provided for in the agreement. With respect to the business, the husband estimated the good will to be worth $400,000 and the wife understated the value of the business.
Accordingly, the court held that the agreement was not impracticable. This term was likened to frustration concepts in a contract. A contract is frustrated and therefore not workable where supervening events occur that make performance of the contract impossible. In this case, the recitals and relevant provisions of the agreement took into account risks where either party could potentially gain or lose, depending on the division of assets after proceeds of sale. Therefore, the contract was workable. With respect to the business becoming insolvent, the court also suggested that frustration concepts could not apply. There was no evidence to suggest that the failure of the business was not self induced.
In short the court concluded that the alleged supervening events did not create a mischief, therefore rendering the BFA void. The BFA provided for risk and the parties agreed to guestimate values of their assets. Therefore the court concluded that the agreement was not impracticable.
Observations
BFA require care in drafting. This is a case where the BFA was drafted to take into account risks that could effect the division of assets between both parties. The husband could have negotiated for the BFA to be drafted in different terms. The relevant provisions could have provided for a spiraling division of assets based on proceeds of sale. It could have taken into account if any assets were diminished etc.
This case also shows that the courts are hesitant to set aside binding financial agreements. The courts will associate the doctrine of frustration when assessing if a contract is impracticable and not workable. In this case, the court ruled that the agreement was workable. It took into account risk factors in the provisions of the agreement. When those risks occurred the husband could not therefore argue that he did not get what he bargained for. The frustration test Is a relatively high threshold to meet. The intervening event needs to render the contract unworkable to the extent that neither party could have contemplated the intervening events. Unfortunately, in this case, the agreement contemplated risks and was workable even though his assets were substantially reduced.
Disclaimer: This article cannot be relied on as legal advice. If you seek legal advice please contact this office directly for an appointment.
Family Law - Financial Agreements - Application by wife to set aside financial agreement - Duress, Unconscionability and Failure by Solicitor to Provide Independent Advice
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The Wife filed an application pursuant to s90K of the Family Law Act, seeking orders that the financial agreement between herself and the husband should be set aside as a result of duress, unconscionability and failure by her solicitor to give independent advice.
Family Law - When is it a de facto relationship or an affair? - Case Note: Jonah V White(2011)
Date: May 07, 2012
Author(s): Patrick Mulligan B.A., LL.B.
This is a judgment by Murphy J. The case concerned a question of law. The applicant was in an affair with the respondent for 17 years.
Family Law - Division Orders - Are interim property orders final?
Date: March 02, 2012
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to provide an overview of Strahan’s case. This case provides an analysis of the status of interim property orders.
Family Law - Prenuptial Agreements - Are there any limits on what can be included in a financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
All relevant financial matters should be dealt with in the financial agreement for certainty and consistency. This can include how property and financial resources (whether owned at the time of the agreement or acquired later) are to be dealt with in the event of a marriage breakdown. Financial matters and financial resources may still be the subject of an application to the court under Pt VIII of the Act if some aspect of those matters is not dealt with in the financial agreement (see s 71A FLA).
Family Law - Prenuptial Agreements - Do I have to disclose details of all my assets in the pre nuptial financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
It’s crucial that your financial affairs are transparent with assets and liabilities declared in full. This includes assets held in trusts or by companies in which you are a shareholder. Include property held overseas.
Family Law - Prenuptial Agreements - What does a pre-nuptial financial agreement do?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
A pre nuptial agreement can provide for how financial issues are to be resolved, not only after you get married but also for some indeterminate time in the future should the marriage break down.
Family Law - Prenuptial Agreements - What is a binding prenuptial financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
A legally binding financial agreement is a written agreement, which complies with Part VIIIA and or part VIIIAB of the Family Law Act 1975 (Cth) (FLA).
Family Law - Prenuptial Agreements - What requirements make a financial agreement legal and binding?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
There are strict requirements for ensuring that a pre-nuptial financial agreement will be binding on the parties:
Family Law - Prenuptial Agreements - What rights do you lose once you have signed this agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Unless you can convince a court to set the agreement aside - and you have to have an extremely good reason for this as we explained above - once you sign this agreement you lose your right to have the court decide on questions the agreement covers.
Family Law - Prenuptial Agreements - Why should I go to the trouble of arranging a financial agreement?
Date: March 01, 2012
Author(s): Piria Coleman B.A., LL.B. (Hons)
Society doesn’t plan your married life any more. Marriage isn’t always seen as permanent. Divorce is comparatively easy and there’s little social stigma in going through two or three marriages with children from each of them. People going into a marriage today may need to consider issues that are more complicated than before.
Family Law - Intervention Orders
Date: February 20, 2012
Author(s): Carmel Stagnitti LL,B. (Hons.) , Grad.Dip. (Legal Practice) , BA. (PolStuds) , Adv.Dip. (Criminal Justice)
Family violence is a situation of crisis and imminent threat to life whether actual or threatened.
Family Law - Contesting Wills - Family Law Provision Claims - Case Note - Successful judgment of claimant of deceased lover and son
Date: January 16, 2012
Author(s): Patrick Mulligan B.A., LL.B.
Case note: Whitehead v State Trustees Limited [2011] VSC 424 (2 September 2011)
Family Law - Age of Consent
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The concept of age of consent aims to protect young and innocent children from the physical and psychological harm caused by engaging in sexual intercourse before they are mature enough to consent to this kind of action.
Family Law - Alternative Dispute Resolution
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
We all know that the court process can be costly and time consuming. It also can, more often than not, damage and irreparably fracture a relationship. This is the reason why people tend to seek other alternatives to resolve their issues without going through the court's intervention. As the name connotes, alternative dispute resolution is an alternative to the court process. It aims to assist parties to resolve their dispute without the need to go to a hearing. Alternative Dispute Resolution (ADR) process can assist parties to achieve better resolutions, maintain a harmonious relationship (this is significantly important in a parent-child relationship), and diminish the delay and legal expenses.
Family Law - Child Sexual Abuse
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Sexual abuse can happen to both men and women, even children. No gender or age is exempted, that is why it is important to spread awareness on how the family and the community can protect each and everyone, especially the most vulnerable member of society, our children.
Family Law - Children and the Criminal Justice System
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The criminal justice system in Australia provides a set of processes and practices when dealing with children and young people who are alleged offenders or who have been found guilty of committing a crime. It encompasses the general process of arresting, charging and sentencing a child offender and the legal orders provided by the courts.
Family Law - Conciliation Conference and Procedure
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
A Conciliation Conference is an avenue for parties in dispute to achieve a mutual agreement. The Court encourages parties to make an honest effort to reach an agreement. This will not only save time and money, but it also has the potential of avoiding irreparable damage to the parties� relationship. The Conciliation Conference is supervised by an independent and partial Conciliator. The Conciliator will evaluate the case, assist the parties in identifying the issues in dispute and explore options for settling the parties' dispute, before any legal actions can take place.
Family Law - Grandparents and Their Rights
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.
Family Law - Parental Leave
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
The Fair Work Act (Cth) 2009 consists of a number of provisions that promotes a balance between work and family life. The Act provides employees with a number of entitlements, including: parental leave; special maternity leave; pre-adoption leave; foster parent leave; and the right to return to work.
Family Law - Terminating Pregnancy: What you need to know
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Abortion is the end or termination of pregnancy which can be performed in the early stages, that is, during the first trimester (up to 12 weeks) of pregnancy. However, there are instances where abortion is performed in the second trimester (12-24 weeks) or more rarely, in the third trimester (24-36 weeks).
Family Law- Children and Criminal Responsibility
Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
Although difficult to fathom, we cannot deny the fact that children as young as 10 years old are capable of committing a crime. The Australian legal system acknowledges that children require special attention, consideration and protections. As a result, a number of legislations and common law particularly deal with children and young people and how they ought to be treated in the criminal justice system.
Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?
Date: November 29, 2011
Author(s): Patrick Mulligan B.A., LL.B.
The purpose of this article is to explain the court’s power to set aside transfers of property and transactions by a party to a relationship. This power is available to the court pursuant to s106B of the Family Law Act 1975. A claimant may apply to the court for an order under this section where a proposed or actual transaction or disposition of property by a party will have the effect or likely effect of defeating property and maintenance related orders under the Family Law Act 1975.
Criminal Law - Child Abduction
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians.
Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
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Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Family Law - Binding Financial Agreements - some Frequently Asked Questions
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
A Binding Financial Agreement is a written contract between two individuals who are either married or in a de facto relationship. It contains a reached agreement between two parties in relation to their finances, division of assets and financial resources and other issues such as spousal maintenance and property settlement in the event of a marriage breakdown.
Family Law - Hidden Assets: How can the law protect you?
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.
Family Law - Property Financial Statements
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.
Family Law - Property Settlement Proceedings
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.
Family Law - The Legal Obligation of Full And Frank Disclosure
Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.
Family Law - Divorce - Irretrievable Breakdown
Date: October 27, 2011
Author(s): Angelita Manlangit LL.B.
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Family Law - Property Settlements - The Four Step Process
Date: October 21, 2011
Author(s): Angelita Manlangit LL.B.
Decisions associated with property settlement can be complicated and exhausting. To guide the parties who undergo property settlement, there are four steps process to follow.
Family Law - Property Settlements - First Steps
Date: October 20, 2011
Author(s): Angelita Manlangit LL.B.
A marriage or relationship breakdown can be difficult and emotinally exhausting. It involves a lot of decision-making and adjustments whether for child custody, property settlements or maintenance orders. This is the reason why the Family Law Act has numerous provisions that can help support parties in the division of their assets.
Family Law - Relocation of Children
Date: October 13, 2011
Author(s): Angelita Manlangit LL.B.
LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.
Family Law - Best Interest of a Child
Date: October 12, 2011
Author(s): Angelita Manlangit LL.B.
LAC Lawyers are experienced family lawyers who understand the intricacies of family relationships and the issues that arise when a marriage ends. Our family lawyers will be able to guide you through all the issues involved in marriage breakdown including the best interests of the child.
Asperger's Syndrome
Date: June 09, 2011
At LAC Lawyers we consider ourselves to be Asperger's aware and offer legal services to client's who either have Asperger's Syndrome or who have been affected by someone with Asperger's. We are sensitive to your needs and welcome any enquiry in relation to legal services for people affected by Asperger's.
Family Law - Duty Exemptions in New South Wales for Transfers Between Partners
Date: May 18, 2011
Author(s): Mark Bostock LL.B., B.Bus.
Couples may wish to transfer property between them to various reasons. They may be motivated by tax minimisation, risk management, family breakdown or other reasons. Many transfers attract duty and any decision as to transferring applicable assets should be made with parties being mindful of the potentially substantial duty liability that may emerge.
Family Law - Requirements of a Binding Financial Agreement (BFA)
Date: March 07, 2011
Author(s): LAC Lawyers
In 2000, the Family Law Act was amended to introduce a new type of agreement called the Binding Financial Agreement.
Family Law - The legal rights of de facto couples versus married couples
Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...
Family Law - What is Child Support?
Date: December 08, 2010
Author(s): LAC Lawyers
When families go through changes and parents separate as a result thereof, arrangements are made for the continued care, welfare and development of the children of the family. These arrangements normally are made for children until they reach an age of 18 years. This payment arrangement for the children is referred to as child support.
Family Law - The importance of documents and the process of discovery and disclosure
Date: December 08, 2010
Author(s): LAC Lawyers
It is a fundamental principal in family law that the process of discovery and disclosure of all material that is relevant to the case be made to ensure a fair outcome.
Family Law - Binding Financial Agreements, are they necessary?
Date: October 08, 2010
Author(s): LAC Lawyers
Binding Financial Agreements can be made either before, during or after marriage. These agreements take account of property settlement, payment of spousal maintenance, division of superannuation funds, etc when a marriage comes to and end. Both parties are required as a prerequisite to obtain independent legal advice prior to entering into a binding financial agreement in writing.
Family Law - International Parental Child Abduction
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.
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Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.
Family Law - The Consequences of Unplanned Pregnancy
Date: October 07, 2010
Author(s): LAC Lawyers
An unplanned pregnancy is a difficult experience, even if you’re happily in a long term relationship or are married. The choice about your next step is complicated by health, family values and dynamics, religion and practical considerations. If you’re not in a long term relationship, your decision may be even harder.
Family Law - What Is A De Facto Relationship
Date: October 06, 2010
Author(s): LAC Lawyers
In the case of Pike & Howlett [2010] FMCAfam 802, the Federal Magistrates Court of Australia was recently asked to decide what constitutes a de facto relationship under the Family Law Act 1975 (Cth) (‘the Act’)?
Family law - Separation
Date: August 09, 2010
Author(s): LAC Lawyers
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.
Family Law - Binding Financial Agreements Under the Family Law Act 1975 (Cth)
Date: June 15, 2010
Author(s): LAC Lawyers
If you’ve recently entered a new relationship, have been in a new relationship for a time, or are considering ending your relationship, you should consult a lawyer to learn your rights and obligations under the Family Law Act 1975 (Cth) (‘the Act’).
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Date: June 15, 2010
Author(s): LAC Lawyers
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.
Property Law - Family Law - The concept of joint land ownership when family relationships break down.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.
Family Law - Considering Seperation? Here are your next steps
Date: March 31, 2010
Author(s): LAC Lawyers
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.
Family Law - The Competing Issues of Bankruptcy and Family Law
Date: January 13, 2010
Author(s): LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.
Family Law - De Facto Spousal Maintenance
Date: August 17, 2009
Author(s): LAC Lawyers
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Date: August 04, 2009
Author(s): LAC Lawyers
Australasian family law cases concerning a party’s initial contributions, or separate property, brought into the relationship appear far from clear when settlement is litigated in court.
Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process
Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
Family Law - Children - Recovery Orders
Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.
Family & De Facto Law - Changes in De Facto Law and its effects on Property
Date: March 07, 2009
Author(s): LAC Lawyers
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Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.
Family Law - Pre-Nuptial or Co-habitation Agreements
Date: January 22, 2009
Author(s): LAC Lawyers
We are increasingly being asked to prepare financial agreements for couples who are about to “take the plunge” or “walk down the aisle”. However, financial agreements are also available for couples who are living together whether or not they are married, and for couples who have separated.
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Date: January 16, 2009
Author(s): LAC Lawyers
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De Facto Relationships, A New South Wales and Victorian Perspective
Date: December 31, 2008
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Originally de facto relationships in NSW were governed by the De Facto Relationships Act which was replaced in June 1999. The term “de facto relationship” has been significantly widened to cover all relationships between two adults over the age of 18 years who live together, are not married and who are not related to each other. This definition now covers gay couples providing them with a level of protection which had not existed previously.
De Facto relationships and property settlements
Date: December 07, 2008
Author(s): LAC Lawyers
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Date: September 18, 2008
Author(s): LAC Lawyers
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Date: February 24, 2008
Author(s): LAC Lawyers
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Date: February 24, 2008
Author(s): LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Family Law - The Divorce Process
Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Family Law - Who gets the kids?
Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.
Family Law - Responsible parents: the legal approach to raising children
Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.
The Role of the Family Lawyer: Putting the “Proper” back into Property settlements
Date: September 20, 2005
Author(s): LAC Lawyers
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.