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Tag Search - Gold Coast Lawyers / Northern Gold Coast Lawyers - 'Separation'

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MIRROR WILLS & MUTUAL WILLS - WHAT IS THE DIFFERENCE?

MIRROR WILLS & MUTUAL WILLS - WHAT IS THE DIFFERENCE? Thu, 25 Jul 19
Many people are proactive when it comes to their estate planning matters, and make sure that they have a current and valid will which documents their intentions upon their passing. Couples who are in a relationship and who have children often choose to have their wills drafted to leave everything to each other, and if they do not survive each other, then to their children. This is generally termed a mirror will. Essentially what this means is that the survivor of them receives everything if one person dies, and then when the second person dies the children will share equally whatever is left of the parent’s estate.

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THE PROPERTY SETTLEMENT PROCESS IN AUSTRALIA

THE PROPERTY SETTLEMENT PROCESS IN AUSTRALIA Thu, 25 Jul 19
At Affinity Family Lawyers, we are all too aware that separation from a husband/wife or long term de facto partner can be one of the most stressful and traumatic events in a person’s life. It can also be one of the most confusing times in a person’s life, especially if the only experience someone has had of the family law system and the process is by hearing their friends or family talk about their own experiences, which are more than likely tainted with that persons own misgivings, and opinions on the system, and which may or may not even apply to you, your matter or your particular circumstances.

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WINNING LOTTO...AND THEN HAVING TO SHARE IT WITH YOUR EX-SPOUSE

WINNING LOTTO...AND THEN HAVING TO SHARE IT WITH YOUR EX-SPOUSE Thu, 25 Jul 19
A recent American case has made headlines with a Court determining that a mans $30 million lottery win was to be split, and $15 million was to be paid to his ex-wife, despite the parties having been separated for over two years prior to his win. Although they had been separated for over two years, they were in the middle of divorce proceedings when Mr Zelaskos winning numbers came up, and as a result the Court considered that the ticket was purchased with marital money, was a joint investment and thus, the windfall was marital property.

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THE IMPORTANCE OF A CURRENT WILL

THE IMPORTANCE OF A CURRENT WILL Thu, 20 Jun 19
A recent decision of the Supreme Court of Queensland has highlighted the importance of firstly, having a valid will, and secondly, understanding the correct way to have your will updated if you change your mind about the contents of your will, including changes to any beneficiaries.

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AFFINITY LAWYERS RELOCATION

AFFINITY LAWYERS RELOCATION Mon, 13 May 19
We are pleased to announce that Affinity Lawyers have relocated our office, a short distance, to larger premises, being Suite 8/465 Oxley Drive, Runaway Bay Gold Coast. The paramount consideration in the relocation decision, was the ability to remain up on the Northern Gold Coast, thereby enabling convenience and exceptional service levels, while continuing our expansion to meet the needs and expectations of our clients.

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INTERNATIONAL WILLS

INTERNATIONAL WILLS Mon, 13 May 19
As we become an increasingly globalised society, it is becoming more common for Estates to include foreign assets. If you have assets located overseas, whether it be real property (like a house or land) or personal property (such as bank accounts, vehicles, boats and household items), advice should be sought and careful consideration given to your foreign assets during the estate planning process in order to avoid unforeseen issues arising.

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SEPARATION, PROPERTY SETTLEMENT AND DIVORCE – WHAT THESE TERMS REALLY MEAN

SEPARATION, PROPERTY SETTLEMENT AND DIVORCE – WHAT THESE TERMS REALLY MEAN Mon, 1 Apr 19
The family law solicitors based in our Gold Coast office have noticed lately that the terms separation, property settlement and divorce are often used in the incorrect circumstances, especially when someone going through a separation is chatting to family and friends, and the incorrect use of these terms can lead to confusion. To clear up any confusion, we thought we would go over these terms, and explain a little bit more about them in easy to understand language, so if you are going through a separation, you know the general steps involved and what happens at each step along the way.

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WHAT IS A TESTAMENTARY TRUST?

WHAT IS A TESTAMENTARY TRUST? Mon, 1 Apr 19
Considered and strategic estate planning is a crucial part of any successful wealth protection strategy, and Affinity Lawyers have an experienced and professional wills and estate team in place to provide you with legal advice tailored to your individual circumstances. Our Wills & Estate lawyers, based on the Gold Coast, can prepare a premium Affinity Lawyer Will or an Affinity Lawyers Wealth Protection Will (a testamentary Trust Will) for you, depending on your needs.

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FAMILY PROVISION APPLICATIONS - WHO IS A 'CHILD'?

FAMILY PROVISION APPLICATIONS - WHO IS A 'CHILD'? Fri, 8 Feb 19
Following on from our previous articles highlighting the importance of having a current Will and up-to-date estate planning in place, a query that can crop up when providing clients with advice in relation to making a Will is how they can reduce the possibility of a claim being made on an estate after they have passed. The typical nuclear family (dad, mum and two kids) is no longer the most common family structure in Australia, and instead we have a diverse range of family combinations including couples with no children, couples with only one child, same-sex couples with no children, same-sex couples with one or more children who are the natural or adopted child of one of the couple, adopted children, step-children, grandparent-led families, blended families and the list goes on. It goes without saying that the general form and content of Wills have also needed to be changed to keep up with these changing family ideals and a deeper and more thorough contemplation of estate planning outcomes needs to be considered by both client and lawyer.

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WHO PAYS PRIVATE SCHOOL FEES AFTER SEPARATION?

WHO PAYS PRIVATE SCHOOL FEES AFTER SEPARATION? Fri, 8 Feb 19
One of the biggest areas of contention we see in Gold Coast Family Law matters after parties have separated, is who is going to pay for the children’s private school fees. The Department of Human Services (DHS) typically uses a specific formula to assess the amount of child support required to support a child on a day to day basis, taking into account the income of the parents, the care levels of each parent and the estimated costs of children of the child's age (periodic child support). Significant (and out of the ordinary) costs for the child, including, but not limited to, things such as private school fees and medical expenses (non-periodic child support), are generally not assessed by DHS. Therefore, the collection and payment of those types of expenses will likely need to be arranged between the parties themselves, and it is an area where disagreements often arise as parties struggle to process the separation itself as well as trying to navigate life after separation.

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