Legal Matters Blog
As a solicitor in Cardiff dealing with Family Law, Wills and Business and Commercial clients everyday there are some common questions we get asked.
If, after reading these you have any further questions please give our professional team a call on (02) 4954 8666.
Most Important Issues to look out for in a commercial lease
What to consider with a commercial lease Even if you are a long-time business owner, you can’t be expected to be an expert in commercial property law. The reality is that most businesses will need to rent a commercial space to pursue your business goals and that may mean a complex negotiating process. Before signing [...]
Understanding a Commercial Lease
Understanding a Commercial Lease Standard Commercial lease agreements are usually long and complex as they are designed to protect both the landlord and the tenant. A Commercial lease needs to protect both parties and cover what might happen over the time of the lease. A good agreement can mitigate potentially serious issues that may [...]
Does my Child need an Independent Children’s Lawyer in a Family Proceeding?
What is an Independent Children’s Lawyer in a Family Proceedings? An independent children’s lawyer (ICL) represents your child’s best interests and makes sure that the child is the focus of any decisions about parenting matters. Unlike ordinary lawyer-client relationships, an Independent Children’s Lawyer will not necessarily act on the instructions of the child. Due [...]
Will the Family Court listen to my child’s wishes?
During Family Law meetings with clients we often have parents asking whether the Family Court will take into consideration what their child wants. This is an important question as children are not able to give evidence in family law disputes. There are parts of the Family Law Act, however, that requires that the Court [...]
What is a Testamentary Trust?
Testamentary trusts are created by a will to provide a greater level of control over the distribution of assets to beneficiaries. There are also tax advantages available through testamentary trusts, making them an effective estate planning tool. Why would I use a Testamentary Trust? A testamentary trust can be used to make sure an [...]
The Basics: How to wind up a company?
Companies are usually wound up when they are no longer needed or when they become insolvent. There are two main ways in which a company may be wound up, compulsory and voluntary. Compulsory - upon application to the Court Voluntary - by resolution of directors, shareholders etc. If a winding up order has been [...]
What determines the inheritance of marital assets after divorce?
Whether inherited money or property is part of the marital asset pool is an important question as it determines how inherited money, property or other assets are divided after separation or divorce. The Family Courts will determine this, and will take a number of factors into consideration. Some of the factors the Court may [...]
Do I Need a Will to Protect my family?
A Will is a legal document that determines who will receive your property and possessions after you pass away. It is very important for all Australians who are over the age of 18 to have a Will. As we live longer, and have more significant relationships, dividing our estate after a death becomes increasingly [...]
What are my property rights after the breakdown of a de facto relationship?
If you are in a de facto relationship in Australia, you generally have the same rights as a married couple when it comes to the division of property. The same laws apply for same sex de facto couples. It is important to understand though that simply living with someone and being in a sexual [...]
5 Questions to ask yourself if you want to contest a Will
Have you or a loved one been unfairly treated or been left out of a Will completely? Has someone died close to you that did not have a Will and you are worried about what you may be entitled to? Do you believe that your loved one has made a Will when they were [...]
Who can Challenge a Will?
Social changes in recent years have seen increasing numbers of people with more complicated family structures. Under the Succession Act 2006 in NSW, contesting a Will is not limited to spouses and children; friends or relatives who believe they have not been sufficiently provided for are also entitled to contest a Will. This includes [...]
The best way to Prevent a Legal Challenge to my Will
You can take steps to reduce the likelihood of your Will being challenged. One of the key steps is to be open and honest with your loved ones about your Will. By informing them of what your Will contains will allow them to know what to expect when you die and what each beneficiary [...]
How are assets divided after separation or divorce?
A property settlement is the formal division of property following a couples separation and the determination on what constitutes the marital assets is an important first step. Marriage Assets Marital assets are the total value of the assets that arise out of the marital or de facto relationship and can include anything of value [...]
Can I keep my inheritance money if I separate or divorce?
It is possible that you will be able to keep inheritance money that you received while married but it will depend on your circumstances. Each case is different, but here is a rough guide on what can happen with inherited money if you separate from your spouse of partner. What is the best [...]
The Tasks A Good Conveyancer Will Do For You!
At Dawson & Gardiner we have a specialist team of highly experienced conveyancers who will work on your behalf. This means a triple advantage for you. Firstly, we are specialists in what we do and are dedicated to your conveyance, secondly, we do not need to charge the fees of a solicitor and thirdly [...]
What can go wrong when SELLING a Property?
Conveyancing can be a complicated process if you are not experienced or trained in this field. At Dawson & Gardiner we have a team of professional Conveyancers who will assist you in the process. Of course we also have solicitors here who can help, but only if required. We can provide you with the best [...]
What is Shared Custody and How is Child Support Calculated?
When there are children involved in a divorce situation there needs to be an agreement made about who will take responsibility for the children. Shared custody refers to the amount of time that a child spends with each parent. Does shared custody mean equal time with each parent? Shared custody does not mean that [...]
How Do I Apply for Divorce?
Applying for a divorce can be a very stressful procedure however if you are aware of the processes involved this can certainly lead to less stress and a better outcome. To apply for a divorce in Australia you can make a divorce application online as long as you meet certain requirements. The criteria you need [...]
6 Tips to Survive Your Divorce
Your marriage is coming to an end and life as you know it has been tipped upside down and if there are children involved in can be a tough emotional journey. A divorce doesn’t have to escalate to a messy court battle however - here are our top 6 tips so coming out the [...]
How Do I Make Sure a Will is Valid?
NOTE: Due to COVID-19 social distancing the requirements for Wills has changed. Please call our office to check on the latest requirements for valid Wills. Phone 02 4954 8666 Making a Will should be easy but there are important requirements that we can help you with. To ensure a Will is valid in NSW [...]