A.YES! Believe it or not, in most cases we are worth more in death than in life. We all have superannuation and, sometimes, there will be a linked life insurance policy, potentially in the $100,000s. This is just one example. Without a will setting out your wishes, the process is complicated and your estate may be distributed in ways you might not wish. Absent a will, the laws of intestacy apply and your estate will be distributed in accordance with the legislation. We all know life is short, so don’t put off making a will.
A.In short, yes. But. It’s not as straightforward as you might believe. It is a complicated area of the law and there are rules and criteria which need to be met before someone can challenge your will. This area of law is called Family Provision, or as commonly referred to by the general public “contesting the will”. There are means and methods to reduce the possibility of claims, however, nothing is ironclad. The moral of the story is: your will is an important document.
A.Once an agreement is reached about those things, how should you formalise it? Is it better to have a parenting plan or parenting orders? What’s the difference? A PARENTING PLAN is an agreement made between parents following separation. It is signed and dated by each of the parties. The parenting plan cannot be enforced by the Family Court, so what that means, if one party breaches the agreement, there is little recourse available to the other party. In these situations, the aggrieved party can only try to renegotiate the parenting plan, enter into a parenting order by consent, or commence proceedings in Court. A parenting plan is only as good as each party’s intention to honour the agreement. On the other side, parenting plans do offer great flexibility between parents. The fact that they are not legally binding means that parents can amend and negotiate more freely and without the need to reapply to the Court to amend any parenting orders. In some cases, parenting plans are a great method for the future care of your children, especially in circumstances where separation has been amicable. CONSENT ORDERS are made by the Family Court in circumstances where the parties have agreed to a set out of parenting orders without filing an application. They are legally binding and can be enforced by the Court if one party breaches them. There are serious penalties imposed by the Court for breach of the consent orders including fines, and terms of imprisonment for more serious offences.
A.If you separate and there is a will, the estate will be distributed according to its terms and if there is not a will, the estate is distributed under the laws of intestacy. The priority of distribution usually follows the order below (with some exceptions):
What does this mean? If you die without a will or without changing your will, your ex-spouse may be entitled to your estate under intestacy. The effect of divorce: If you are a party to a divorce, then any clause that provides a gift to your spouse or appoints your spouse as executor or trustee to be made by a will in existence at the time of the divorce will be revoked. If you have no will, the laws of intestacy will apply, see above. What’s the important message of this all? If you don’t have an up to date or current will, then make an appointment and get it done!
A.A divorce is the annulment of your marriage, whereby each party is free to remarry.
A.Property settlement is the division of assets and liabilities.
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A.Here are some key facts according to Section 75(2) of the Family Law Act 1975.
A.The short answer is, YES, and here’s why:
A.PARENTING PLAN is an agreement made between parents following separation. It is signed and dated by each of the parties. The parenting plan cannot be enforced by the Family Court, so what that means, if one party breaches the agreement, there is little recourse available to the other party. In these situations, the aggrieved party can only try to renegotiate the parenting plan, enter into a parenting order by consent, or commence proceedings in Court. A parenting plan is only as good as each party’s intention to honour the agreement. CONSENT ORDERS are made by the Family Court in circumstances where the parties have agreed to a set out of parenting orders without filing an application. They are legally binding and can be enforced by the Court if one party breaches them. There are serious penalties imposed by the Court for breach of the consent orders including fines, and terms of imprisonment for more serious offences.
