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Estate Planning After Losing A Capacity It had always been the case that if someone lost their marbles in old age it was no longer possible for them to change their Will.   A lot of times, as a lawyer, you would have someone in your office who clearly did not have capacity to understand […]…
Should I or Shouldn’t I? The Importance of a Binding Financial Agreement before Marriage Call it pre-wedded bliss or, going back further, pre-engagement bliss or even, the happier side of Family Law – the moment when you go to your lawyer and tell them you’re going to be married soon or you’re contemplating marriage and you’ve heard of a Pre-Nup. You want to know if it would be worth your while to do one. The…
What do I do when my spouse will not respond to me with my requests to serve them with Divorce Documents? There is no denying that the decision to separate from your spouse is a tough one. The relationship may have been deteriorating for some time and when separation happens, it’s an emotional time. Quite often, the parties have then reached the point where they don’t want to even see their ex again, much less…
COVID-19 List for Parenting Matters: An initiative of the Federal Circuit Court and Family Court to assist during these unprecedented times  Written by Kristen-Mitchell Scott Following an apparent increase in urgent filings for Parenting Matters, since the beginning of the COVID-19 pandemic, Chief Justice Will Alstergren of the Federal Circuit Court and Family Court announced there would be a new COVID-19 List, effective from 29 April 2020. Joint Practice Direction 3 of 2020 – “The…
The increasing complexity of families continues to have ramifications for wills and estates law, particularly in answering the question about who can make a claim on a parent’s estate. In the United States, the Matter of the Estate of Douglas Castellano and the Parentage of Gregory Bock, dealt with paternity issues, divorce, adoption and dying without a will. In this case, a woman, Elisa, ended a two year relationship with her partner, Douglas, and…
A 65-year-old woman faces joining her older brother behind bars after they stubbornly refused to obey family court orders in a vicious £9.4 million divorce row. Property tycoon John Hart, 83, was locked up for failing to co-operate with his ex-wife following their split. A judge, describing the case as “ridiculous”, has now imposed a three-month jail term on Mr Hart’s sister Susan Byrne. Judge Stephen Wildblood said Ms Byrne had acted out of “misplaced loyalty”…
A new study has revealed that Australians are relying on an inheritance and are already working out how they will spend it. About 29 per cent of Australians concede they are expecting an inheritance and they intend to spend some or all of it once payday arrives. The figures released by debt solutions agency Fox Symes reveal that 17 per cent of those hoping for a handout once a family member dies will use it to…
The Queensland police officer who leaked the personal details of a domestic violence victim has declined to answer questions about his actions at a tribunal hearing, invoking his privilege against self-incrimination. The tribunal accepts as fact that senior constable Neil Punchard accessed the personal details of a woman, known as Julie, and sent them to her violent former husband. Julie is seeking compensation for breach of privacy in the Queensland civil and administrative tribunal (QCAT).…
Does living together before marriage increase your risk of divorce? This association had been clear in study after study up to around 2007, and then a number of studies and social scientists declared that the association between living together before marriage and difficulties in marriage had disappeared. So which is it? Most experts say that the correlation between the two became better understood in recent years. For example, an important part of the story had…
Elder abuse is a problem that occurs in most socio-economic groups in Western countries around the world. One man with very personal experience in this area is Philip Marshall, grandson of the late New York City philanthropist Brooke Astor. In 2006, Marshall took legal action against his father, Anthony Marshall, accusing him, among other things, of illegally scheming to take control of Astor’s $100 million fortune. At the time, she suffered from the effects of…