Family Law Issues the Same the World Over

We may be separated by half of the globe but similar Family Law issues crop up for Brisbane Lawyers and Wales as they do in Australia. Family lawyers and corporate lawyers in England and Wales have been waiting anxiously for a decision which has just been handed down by the Supreme Court in England and Wales in a Case called Petrodel v Prest.

The case involved very large sums of money and a husband who did not provide full and comprehensive disclosure of his assets, and who argued before the court that a number of very valuable properties were owned by companies rather than by himself and he said were therefore not part of the pool of assets available for distribution between him and his wife.

The Supreme Court in England and Wales rejected the husband’s argument, described his behavior as being characterized by “persistent obstruction and mendacity” and concluded that the multi million pound property settlement for the wife should be upheld and that even though a number of multi million pound properties were registered in the name of the husband’s companies, that they should still be transferred to the wife. The Court’s decision was based on a finding that the companies held the properties on trust for the husband.

This case will doubtless be of considerable interest to family lawyers in Australia. The decision confirms that parties to family law litigation who fail to provide full financial disclosure will often find that the court will make a decision that they do not like and that in certain circumstances, the court will decide that assets are actually owned by one of the parties, even if the legal title is registered to another entity.


The international law firms are becoming more and more popular these days. In fact, the legal service sector has undergone significant developments in most the offshore jurisdictions due to the creation of the international law firms. These types of law firms offer numerous services and facilities. These include:

Asset Protection:

The international law firms help the offshore companies as well as individual to protect their assets from legal enemies. Almost all these firms have their offices in different locations for the convenience of their clients all over the world. These firms also ensure confidentiality of the information that you share and offer personalized solutions so as to meet your specific needs. 
Moreover, these international law firms help you to protect your assets from the following legal threats:

They can help you to protect your business and other assets from a negligence or injury claim exceeding your insurance coverage.

You can protect your assets from frivolous lawsuits.

They can even save you from any kind of lawsuits filed by your disgruntled employees or business partners.

Wealth Management:

These international law firms also manage your wealth on your behalf. They will plan your wealth management depending upon your specific needs and lifestyle. They will even help you to manage the funds in the offshore jurisdiction, which will significantly boost your savings. The international law firms can also help you to purchase property in any offshore jurisdiction. They help you in estate planning. In addition, you can even refer to an international law firm in case you are having any legal problem to inherit property or a large sum of money in any foreign country.

Debt Settlement:

You can even solve your offshore debt problems with the help of the international firms. It is indeed very hard to repay pressing debts while meeting all your family and personal requirements, during the time of financial hardship. The international law firms will help you to plan your debt repayment. In addition, they can settle your debt problems and deal with your legal enemies on your behalf.

Thereby, you can conveniently manage all your financial and legal proceedings with the help of these law firms. However, while hiring such international law firms you need to ensure certain factors.


Where Family Law and Estates Intersect

The recent Canadian case of Carrigan v Carrigan’s Estate is a timely reminder of the need to ensure that we all keep our financial affairs in order, particularly when there have been changes in our family circumstances.

In this Canadian case Mr. Carrigan passed away leaving a DeFacto partner with whom he had been living at the time of his death but also a wife from whom he had not been divorced. In that situation the Canadian Courts were called upon to decide who should receive which elements of Mr. Carrigan’s Estate.

Whilst that decision was based on the relevant legislation in Canada, it is a timely reminder to all of us to keep our Life Insurance and Superannuation benefit nominations under review, as well as our Wills and to amend them if family circumstances change.

We may be separated by half of the globe but similar Family Law issues crop up for lawyers in England and Wales as they do in Australia. Family lawyers and corporate lawyers in England and Wales have been waiting anxiously for a decision which has just been handed down by the Supreme Court in England and Wales in a Case called Petrodel v Prest.

The case involved very large sums of money and a husband who did not provide full and comprehensive disclosure of his assets, and who argued before the court that a number of very valuable properties were owned by companies rather than by himself and he said were therefore not part of the pool of assets available for distribution between him and his wife.

The Supreme Court in England and Wales rejected the husband’s argument, described his behaviour as being characterised by “persistent obstruction and mendacity” and concluded that the multi million pound property settlement for the wife should be upheld and that even though a number of multi million pound properties were registered in the name of the husband’s companies, that they should still be transferred to the wife. The Court’s decision was based on a finding that the companies held the properties on trust for the husband.

This case will doubtless be of considerable interest to Family Lawyers in Australia. The decision confirms that parties to family law litigation who fail to provide full financial disclosure will often find that the court will make a decision that they do not like and that in certain circumstances, the court will decide that assets are actually owned by one of the parties, even if the legal title is registered to another entity.

Study Law in Australia

Studying Law in the professional environment of Australia provides a lot many opportunities to students. The biggest temptation for students to join law courses is the bright future of law students. These courses bring along status, prestige and wonderful employment opportunities.

Law schools in Australia provide legal training across many areas so open doors of variety of sectors like politics, business, international law, intellectual property law, banking and legal studies related to sports, health, and the media. If you have already graduated in any other discipline then your law degree would be of three years. After secondary schooling degree would probably take four to five years for completion.

Many schools allow you to take 'double degree': that is, in a five years period a student undertakes two degrees in parallel - one of them law and the other might be Arts, Commerce or Science. In that case, you would finish your tertiary education in Australia with two degrees. Main universities and schools of Law are following:

Monash university- Victoria-Melbourne: Monash University is among the top three universities of Australia. Studying law at Monash offers a lot of flexibility to students. Monash provides in-depth coverage of all sectors related to law. The impressive resources and reputation of Monash University is bound to escalate the career growth of all students. The staff at Monash helps in developing critical thinking and skills for research and analysis. Monash Law is a high quality, innovative course for a changing world and produces graduates for Australian and international employers.

Murdoch University- Perth: Murdoch University has a progressive outlook and is totally committed to quality. These factors make Murdoch's Law School the natural choice for students from whole world interested in a career in the Law. The curriculum of law school has been moulded to meet the needs of our modern society. Course is having a strong international perspective so offers opportunities across the world. Many of the ex-students of this university work with organisations such as the United Nations, in places such as Kosovo and the Gaza Strip with the United Nations Peace Keeping Force, and in New York at the United Nations.

University of New South Wales-Sydney: UNSW Law School graduates are held in the highest regard in Australia and overseas. UNSW has got international recognition due to large number of its students getting Rhodes, Fulbright and other prestigious scholarships every year. The Law School has had 5 Rhodes Scholars in the last 7 years - an achievement which is not matched by any other university in Australia. University offers various courses like Law in information age, Sport and law in western world, Cyberspace law, Criminal law, Children and law, commercial law, Disability rights and law, Industrial law, Insurance law, Media law, Public interest litigation, Laws of banking, Social security law and Sports law.

University of Sydney: University of Sydney has one of the world's finest Law Schools. Sydney Law School is famous for its commitment to excellence in legal education. This was the first Law School to be established in Australia. University concentrates on small group teaching of its undergraduate programs and the extensive range of postgraduate programs. Special emphasis is given on international and comparative law.

Bond University: One of the Top-Ranked Australian Law Schools, it was the first private university of Australia. The Bond Law School provides a wide range of undergraduate and postgraduate degrees which will surely equip you for careers in the legal profession, business and government. The School has expertise in all major areas of law. Faculty of law is in Queensland. Bond was listed by Forbes as one of the most expensive universities of world and the most expensive university of Australia for 2008.

Other important law schools include- University of New England- Law School, University of New Castle- School of Law, James cook University and Flinders University. All the universities specialize in one or more disciplines with in Law. So Australia is the best choice if you are interested in making a career in the field of Law.



Article Source: http://EzineArticles.com/1486599


 

Queensland Civil Partnership Act 2011

The Civil Partnerships Act 2011 (Qld) came into force on the 23 February 2012 and from that date it is possible for Queenslanders to register a civil partnership.

To register a civil partnership in Queensland the two people must be adults, not married or already in a registered civil partnership and at least one of them must live in Queensland and must have done so for at least 6 months prior to applying to register the partnership. The two people must also not be within a prohibited relationship to each other (for instance brother and sister, half brother and half sister, parents and children are not able to enter into civil partnerships with each other). The ability to register a civil partnership is equally open to couples of the same sex or couples of the opposite sex.

For couples who wish to apply to register a Civil Partnership there is the inevitable paperwork that needs to be completed and this includes proof of identity and Queensland residence and also includes a 10 days cooling off period after you  have made the Application. The necessary paperwork is available from the Queensland Registry of Births, Deaths and Marriages. Couples who wish to register a civil partnership have a choice of doing so without holding a ceremony, or if you wish to do so you can hold a ceremony. Only a civil partnership notary authorized under the Civil Partnerships Act (Qld) can officiate at the ceremony. These are different from notary public who serve a different function. The Queensland Registry of Births, Deaths and Marriages will maintain a directory of authorized civil partnership notary’s.

Registered Civil Partnerships are brought to an end by the death of either party, the marriage of either party, or an order made by the Queensland District Court.  The District Court can make an order terminating the civil partnership if the couple have lived separately and apart for at least 12 months.

The Civil Partnerships Act (Qld) does not and cannot regulate financial property settlement between defacto couples or deal with parenting arrangements for any children of the relationship. These issues continue to be dealt with under the Family Law Act (Cth).

For legal advice by Brisbane Lawyers in relation to a Binding Financial Agreement for a defacto relationship or legal advice regarding property settlement or parenting arrangements following the end of a defacto relationship, please contact our partner Ian Field on 07 3236 0001

Source: Aylward Game Solicitors



Home / Contact Us