Family Law, Wills, & Family Provision Claims
Family Law
Family law deals with the resolution of disputes between married or de facto couples when they decide to divorce or separate. It concerns itself with the resolution of child-related disputes between parents about where their children will live, who they will have contact with, and how they will be raised. Always, the child’s best interests is the most important consideration.
Family law also concerns itself with the division of the property of married or de facto couples on separation. This involves settling the asset pool of the parties, the determination of any spousal or child maintenance, and following a process for the making of orders resolving property matters.
It is vital in such matters to have me explain the legal issues which arise in your matter; for us to collect the relevant evidence arising from your relationship; and to mount the most persuasive arguments on your behalf in order to have these disputes resolved to your best advantage.
Wills
A Will is a document by which a person (called the testator) disposes of his or her property to take effect on that person’s death. Getting good legal advice on Wills for your particular circumstances is something that should be done to maximise the chances of the testator’s intentions being honoured upon their death, and to also avoid (as far as is possible) any disharmony arising amongst one’s family, dependants, and loved ones.
If there are any concerns over the circumstances of the making, or the meaning, or the operation, of a Will, a barrister can assist to provide advice on these questions, and if any dispute over these questions cannot be resolved by the Executor, the Court can be approached to resolve them.
Family provision claims
This may also lead on to Family Provision legislation which identifies certain classes of people who stood in a particular relationship with the deceased at the time of death. Where the deceased failed to make adequate and proper provision for the eligible person’s maintenance, education and advancement in life, the Court is empowered, in its discretion, to order that provision be made out of the deceased’s estate.