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News and Updates

Find all the latest updates on family, traffic and estate laws and read the latest news from The Legal House.

Why You Should Have a Lawyer Draft Your Will

Why You Should Have a Lawyer Draft Your Will

In estate planning, few documents hold as much significance as a Will. This legal instrument serves not only to distribute assets but also to safeguard your intentions and provide for your loved ones after your death. While the idea of drafting a Will may seem straightforward, the complexities of legal requirements and potential pitfalls highlight the necessity of professional guidance. Engaging a qualified lawyer to draft your Will is not merely a recommendation; it is a crucial step towards...

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What Is Probate In QLD & Do I Need It?

What Is Probate In QLD & Do I Need It?

Understanding Probate and The Process in QLDProbate is a legal process that verifies and carries out the instructions in a person's Will after they pass away. In Queensland Australia, the probate process involves several key steps: Application for Probate: The executor named in the Will (or another appropriate person) applies to the Supreme Court of Queensland for a grant of probate. This application includes advertising your intention to apply for a grant of probate, submitting the original...

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Who Can Witness a Will?

Who Can Witness a Will?

Creating a will is a fundamental step in managing your estate and ensuring that your assets are distributed according to your wishes after your passing. However, the process involves more than just deciding who gets what. A critical component of creating a valid will is ensuring it is witnessed properly.  For a Will to be valid in Queensland, two eligible witnesses must witness the signing of the document. This blog explores the legal requirements for witnesses, who can act as a witness, and...

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Guide to Inheritance Laws Queensland

Guide to Inheritance Laws Queensland

Inheritance laws determine how a deceased person's estate is distributed. These laws ensure that assets are allocated either according to the deceased’s wishes, if articulated in a Will, or via legal guidelines when no valid Will exists. This blog aims to provide some guidance around the often complex process of estates, offering clear insights into creating Wills, the implications of dying without one, and the roles and responsibilities of executors in Queensland.Understanding Inheritance...

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Are Binding Financial Agreements Worth It?

Are Binding Financial Agreements Worth It?

Binding Financial Agreements (BFAs), which are often referred to as prenuptial agreements in other countries, are legal contracts between couples which describe the management and distribution of financial assets during a relationship and after a relationship breakdown. These agreements can be entered into before a marriage/de facto relationship, during a marriage/de facto relationship, or even after a divorce/breakdown of a de facto relationship. The importance of financial planning in...

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What Is The Difference Between A Parenting Plan And A Parenting Order?

What Is The Difference Between A Parenting Plan And A Parenting Order?

Separation can be a profoundly challenging time for parents, as they navigate their emotional turmoil and the complex legal landscape that comes with arranging the future care of their children. At the heart of this legal landscape in Australia for parenting agreements are two primary frameworks: Parenting Plans and Parenting Orders. These frameworks serve as the cornerstones for establishing clear, workable arrangements that prioritise the child's well-being and provide structure during a...

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Divorce and Property Settlement: 50/50 Split?

Divorce and Property Settlement: 50/50 Split?

During a divorce, one of the most pressing concerns for many couples is the division of their assets. Popular misconception dictates that this process results in an equal split, with each party walking away with half of the shared property and finances. However, the reality of how assets are divided during a divorce and property settlement is far from this simplistic view. The division of assets on separation is governed by the Family Law Act 1975, and it takes a more nuanced approach, aiming...

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Does Cheating Affect Divorce in Australia?

Does Cheating Affect Divorce in Australia?

Divorce isn’t something most people think of when they get married.  So, when something like adultery, or cheating occurs in a relationship, most people don’t know what steps to take, is there punishment, or how something like “cheating” affects your divorce and/or property settlement in Australia. If you know your legal position, it will help you be prepared for all the possible outcomes. The below article will help you gain an understanding of the impact “cheating” has on a property...

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What If Parents Can’t Agree On The Parenting Plan?

What If Parents Can’t Agree On The Parenting Plan?

Separation and divorce are hard and stir up some very difficult emotions. These emotions can often get in the way of being able to communicate effectively, meaning even the simplest of discussions may turn into an argument, such as organising simple parenting arrangements for your children. If you’ve hit a roadblock and can’t agree on parenting plans, then you should know the next steps and legal options. Keep in mind that every parenting arrangement is unique – it should your circumstances,...

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Guide To The QLD Probate Process

Guide To The QLD Probate Process

Losing a loved one is undoubtedly a difficult and emotionally challenging experience. In Queensland, the probate laws dictate how a deceased's estate should be administered, making it essential to understand the laws and process. When a Queensland resident dies, an application for Grant of Probate must be filed with the Supreme Court before a person can be permitted to manage and distribute the deceased's estate. This blog post aims to provide accurate information on the probate process in...

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Key Aspects of Obtaining Letters of Administration in QLD

Key Aspects of Obtaining Letters of Administration in QLD

Dealing with legal matters that arise upon the death of a loved one can be a challenging and emotionally taxing experience. In Queensland, one crucial aspect of estate settlement is obtaining a letter of administration. Navigating the complexities of this process can add unnecessary stress during an already difficult time. Fortunately, there are steps you can take to ensure the smooth administration of the estate. In this blog post, we will guide you through the key aspects of obtaining...

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When Can A Child Decide Which Parent To Live With?

When Can A Child Decide Which Parent To Live With?

The best interests of the child are the paramount consideration in any parenting arrangement situation. Children are entitled to enjoy a meaningful relationship with both parents, but occasionally this is not in their best interests, as it may be necessary to protect them from being subjected to, or exposed to physical or psychological harm. Let's explore when a child can decide which parent to live with.What The Court ConsidersThe law as it is described in the Family Law Act 1975 is...

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DNA Testing & Paternity

DNA Testing & Paternity

Occasionally, questions arise regarding the paternity of a child, which can be conclusively determined through DNA testing. Before ordering DNA testing, other relevant factors are taken into consideration.QLD Legal Assumptions Around PaternityIf a child is born to a married woman during the marriage, the law presumes the child to be the biological child of the woman and her husband. Similarly, if a child is born to a woman in a de facto relationship lasting between 6 and 10 months, the law...

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What Is The Spousal Maintenance Law in Australia?

What Is The Spousal Maintenance Law in Australia?

In Queensland, spousal maintenance is when one party to a marriage (also de facto) is liable to maintain the other party following separation or divorce. In this article, we aim to clarify spousal maintenance laws in Queensland.What is Spousal Maintenace?In Australia, the term "alimony" (a far more familiar term) is not used in the legislation. Instead, the legal term is "spousal maintenance." Spousal maintenance refers to the financial support that one party may be required to provide to...

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Publication of Court Proceedings

Publication of Court Proceedings

Any matters discussed during family law proceedings, or documents created for proceedings in either the Family Court of Australia or the Federal Circuit Court of Australia are not made available for consumption in the public domain and should not be used for any other purpose, which is not related to the family law proceedings.Restrictions on Publication Under The LawTo achieve that objective, parties in family law proceedings provide an implied undertaking that any information they discover...

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What is a Family Report?

What is a Family Report?

Family Consultants are often appointed by the Court in children’s disputes to interview and observe relevant parties; prepare reports about their interviews and observations; and make recommendations about the most suitable future co-parenting regime. They provide an independent voice, helping Judges make decisions about arrangements for the child/ren. In the process, they may also help the parties reach an agreement. In preparing the report, the family consultant considers the family’s...

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What To Expect At Your First Family Lawyer Consultation

What To Expect At Your First Family Lawyer Consultation

What should you expect from your first meeting?   Meeting with a Solicitor can seem overwhelming, but if you have started to think about booking an appointment, it is already necessary. At The Legal House, our family law team understands the emotions associated with relationship breakdowns; working out post-separation parenting arrangements; and dividing matrimonial assets. Here are a few points to remember if you are about to have a consultation with a family lawyer: Your matter is...

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Binding Financial Agreements vs Consent Orders QLD

Binding Financial Agreements vs Consent Orders QLD

Binding Financial Agreements and Consent Orders When your relationship has broken down and you agree on how your property should be divided, it is possible to do so without any Court intervention.  The most effective way to distribute the matrimonial assets is through one of the following legal agreements:- Consent Orders (where you ask the Court to make orders ratifying your agreement); or a Binding Financial Agreement. What are Financial Agreements? Parties to a marriage or de facto...

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Negotiating Settlements With Property & Children

Negotiating Settlements With Property & Children

Many couples can successfully negotiate the division of their assets and care of their children without legal intervention, but those who can’t, should read this article. Property Settlements The Courts generally adopt a four step approach to dividing matrimonial assets:- Identifying and Valuing Matrimonial Assets, Liabilities and financial resources (a financial resource could be a income producing business, distributions from a trust fund etc.). If you cannot agree on the value of the...

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The New Domestic and Family Violence Protection Act 2012

The New Domestic and Family Violence Protection Act 2012

The concept of “domestic violence” is not new, however, the formulation of a system of rules governing how you can behave in a domestic relationship is. It has never been OK to be physically or emotionally abused by your spouse. However, historically legislators have resisted intervening in domestic abuse situations as many “voters” regarded it as an unwelcome intrusion into their personal lives.Before DFVPA 2012Historically, to get police protection from an abusive spouse, the victim would be...

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Domestic Violence and Property Settlements

Domestic Violence and Property Settlements

The Domestic and Family Violence Protection Act 2012 catches a greater range of relationships, including same-sex relationships and even “one night stands”, where the “one night stand” produces a child. The Act expands the definition of Domestic Violence and increases the safety, protection and well-being of people who fear or experience domestic violence.What Is Domestic Violence (DV)?So, what is domestic violence? Domestic violence can be abuse that is physical, sexual, emotional or...

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Drafting Wills: A Family Lawyer’s Top Tips

Drafting Wills: A Family Lawyer’s Top Tips

What is a Will? A Will is a legal document that outlines how your assets will be distributed upon your death. It may also include provisions for the care of minor children. Do I have to update my Will? It's important for your Will to accurately reflect your current life circumstances. If you've experienced significant changes since drafting your Will, such as marriage or becoming a parent, it's advisable to update it. Failing to do so may result in your assets being distributed differently...

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