Working of Spousal Maintenance in Australia

People might ask “what is spousal maintenance?”, the answer is quite simple: it is financial assistance given by one ex-partner to the other if they are financially unstable. Spousal maintenance in Australia can also be paid by lump sum in lieu of spousal assets to be shared, such as boats or cars.

There are two types of spousal maintenance, the Family court and the Federal court deals with them.

1. Spouse maintenance: One person gives this financial support to his or her former husband/wife. Their previous partner gives them financial assistance.
2. De facto partner maintenance: If a couple is no longer in the de facto relationship, then one may give financial assistance to other partners.

The family law Act 1975 states that a person is responsible for assisting the former de facto partner financially if he cannot meet his expenses. https://www.legislation.gov.au/Details/C2019C00182

What are the Critical Factors in the Court’s Decisions:

Before making a decision, the court checks the applicant’s needs and the financial stability of the respondent. The following are essential factors for both persons:

• Age and health
• Yearly income, current property, and financial resources
• Can the applicant work?
• Standard of living
• Has the marriage affected your financial status?
• Are they supporting any other person?
• Do any of the parties have social security benefits?
• How much one has contributed to the financial state of the other.
• How much has the relationship affected the earnings of the applicant?
• Are there any possibilities for child support payment?
• Do the parties have any financial agreements between them?

You can see section 75(2) (married) and for de facto check 90SF (de facto) to know more.

(Source: https://www.legislation.gov.au/Details/C2019C00182)

Can I have Spouse Maintenance if I was in a De facto Relationship?

If you were in a de facto relationship, and now you want to apply for spouse maintenance then give read to De facto property regime page it is on the Attorney-General’s website. You will know whether you are eligible for spousal support or not.

(Source: https://www.ag.gov.au/families-and-marriage/families/de-facto-property-regime)

The law is different for people living in Western Australia. You should visit the website of the Family court of Western Australia.

(Source: https://www.familycourt.wa.gov.au/)

What is the Procedure for Spousal Maintenance?

It is good to have an agreement with your spouse before applying for spousal maintenance

. If there is no agreement, then you can use the Federal Circuit Court. You will have to submit your income and expenses details in a financial statement when applying. The spouse will follow the procedure.

If there is an urgent need for financial assistance, then the court may order immediate payment.

Spousal Maintenance in Australia: Calculator

Every applicant has a question in mind “How much is spousal maintenance?”. Well, there is no fixed amount, but the court follows a procedure. We have tried to explain it below.

The court will check the financial condition of the applicant and the capacity of the spousal, after that the court will make a judgment about the payable amount. There is no formula for calculating spousal maintenance.

The court assumes the day-to-day expenses of the applicant and the respondent, and then it will be decided whether to pay the spousal support or not if it is payable then how much?

If the applicant is responsible for taking care of the child or children below the school age, then the court will not ask you to work as the children will need full attention. But, once the children reach school age, you will need to work unless you do not have some other responsibilities.

Will I receive Spousal Maintenance if I am in a New Relationship?

If you marry a new person, then you will not get spousal maintenance, unless ordered by the court. See section 82 for more information. (Source: https://www.legislation.gov.au/Details/C2019C00182)

If you are in a new de facto relationship, then the court will consider your financial status and of your new partner and will make an original decision according to that.

When should I Apply?

The deadline for applying is different for both conditions. Suppose you were married and had a divorce. Then you should apply within 12 months from the date of the separation. In the case of a de facto relationship

, there are two years for use.

If you are unable to apply within time, you can have special permission from the court for use even after that time. But, you will not get this chance if you don’t have a valid reason for the late submission of the application.

Do I need to have a Lawyer for Spousal Maintenance?

You should contact experienced family lawyers when applying for spousal maintenance.

There are many essential factors in a spousal order. Every case is different, and the conditions vary from person to person. The payable amount changes from case to case. It would help if you considered experienced family lawyers to understand your situation.

If you are looking for spousal maintenance QLD, then Mackay family lawyers are your choice.

With the help of our lawyers, we can get you spousal maintenance in Australia.

Conclusion:

Spousal maintenance is a part of property settlement in addition to child support. It is paid for a limited time until the other party is stable to afford the expenses. In some cases, it can be permanent. We can help you to get spousal maintenance.

Article Source: Spousal Maintenance 

Electronic Conveyancing ( E-conveyancing) If Applicable

What is Electronic Conveyancing (E-Conveyancing)?

Electronic Conveyancing (E-conveyancing) allows for an “electronic” settlement of a conveyancing transaction through an online exchange known as PEXA. The system will operate across Australia and is supported by legislation in Queensland.

The system does not cover all aspects of the conveyancing process but does allow for the preparation and signing of documents and their lodgement in the Land Titles Office as well as the completion of financial transactions involved in a conveyance (such as settlement money transfer and transfer duty payment) to occur electronically. Traditionally, each of these steps is handled by a paper process where printed documents would be signed by parties, and documents and cheques for settlement funds are physically exchanged at settlement.

The main advantage of an electronic settlement process is efficiency. Not only does the process make it unnecessary to attend a physical settlement for the exchange of documents and funds, when the exchange occurs, cleared funds are credited to the recipient’s account within a very short time. This has particular benefits for a Seller who will not be required to wait for cheque clearing procedures following a settlement.

• When Can Electronic Conveyancing (E-Conveyancing) be Used?

The electronic settlement process cannot be used for all conveyancing transactions and can also only be used if all parties agree to it. The process is only available to financial institutions, and parties who engage a legal practitioner.

In our First Letter, we will tell you whether the Contract makes provision for Electronic Conveyancing (e-conveyancing) to be used for settlement. Even if it does, the use of e-conveyancing for settlement will likely depend on the agreement of all parties (including financiers) to do so.

Client Authorisation and Verification of Identity

We require your authority to use e-conveyancing for the settlement of the transaction. That authority must be provided in the form of a Client Authorisation. A separate authorisation form must be signed by each Buyer. If Electronic Conveyancing (e-conveyancing) is to be used, we will contact you closer to settlement to discuss arrangements for the signing of a Client Authorisation.

As a Client Authorisation allows us to undertake the settlement of the transaction on your behalf (and to sign documents for you), we are required to undertake a prescribed process to verify your identity. This will require you to attend our office for a face-to-face meeting where you will need to produce identity documents and sign the Client Authorisation. If a face-to-face meeting is not possible, an agent can undertake the verification of the identity process.

• Risks of Using Electronic Conveyancing (E-Conveyancing)

Although the system may have advantages for the parties in relation to the efficiency of arranging settlement and the transfer of funds, a party contemplating the use of e-conveyancing should be aware of the following risks:

1. The electronic settlement may be delayed by system failures. If e-conveyancing is proposed, it will be important to consider
2. How the Contract deals with the issue of system failure to ensure that your rights are not adversely affected because a relevant computer system is inoperative.
3. A party to a transaction may, after having previously agreed to use the system, elect to withdraw from it. Once again, it will be important to consider how the Contract deals with this issue. For example, if the Contract does allow parties to withdraw from the system, the parties may still need to prepare for a traditional (paper-based) settlement process to ensure that the other party is still able to satisfy its settlement obligations on time. Having to prepare for both methods of settlement may erode any efficiencies and costs savings and even add to the work involved.
4. One of the main advantages of an electronic settlement is the transfer of funds to the recipients of the settlement proceeds within a very short time. This will include not only the Seller and the Seller’s financial institution but also authorities to whom money is paid to discharge an outgoing. Any arrangement that involves the transfer of funds to a nominated bank account carries with it the risk that an error may result in funds being credited to the wrong account. The speedy transfer of funds may make any wrongfully transferred funds more difficult to track or recover.
5. A traditional settlement involves a physical exchange of documents and funds (provided by bank cheques) and, generally speaking, at any time until that exchange has taken place a party may refuse to settle. An electronic settlement will require the respective parties to commit themselves to settlement at an agreed time (when the electronic workspace for the transaction will lock). Unlike a traditional settlement where settlement may be aborted until final exchange, the parties will not be able to abort the settlement after the workspace locks and the settlement process has commenced. In limited circumstances, this may mean you discover issues with the Property and, while the Contract has not settled, you may be unable to exercise any rights.
6. If you have any questions about how e-conveyancing works or whether it may be used for your transaction, Please contact us to discuss them.

Article Source: E conveyancing 

Electronic Communication – Have You Kept the Appropriate Records

The use of Email in particular has become a common practice for parties to electronic communication. Just because you have saved the email that you have sent, if it comes to litigation, have you kept the necessary records?

The Electronic Transactions Act (Qld) 2001 provides that you must keep, in electronic form –

• The origin of the e-communications;
• The destination of the e-communications;
• When the e-communication was sent;
• When the e-communication was received.

We find that people tend to dispute whether they have received a certain email, and when they received it. To make it easy for people to determine this, there are a few rules set out in the Electronic Transactions Act 2001. We have briefly summarised these for you. These rules will apply unless your contract says something different.

• The time of receipt of the electronic communication is the time the e-communications becomes capable of being retrieved by the addressee (that is the recipient) at an electronic address designated by the addressee; or
• The time of receipt of the electronic communication at another electronic address of the addressee is the time when both – The electronic communication has become capable of being retrieved by the addressee at that address and the addressee has become aware that the electronic communication has been sent to that address.

For more information refer to the Electronic Transactions Act (Qld) 2001 or speak to us.

Experienced Solicitors Brisbane | Brisbane Lawyers | Gold Coast

Aylward Game Solicitors Headquartered in Brisbane is home to a modern and dynamic firm of Business, Property, Business, & Family Lawyers.

https://aylwardgame.com.au/

Contact
United Service Club
Level 4, 183 Wickham Terrace, Brisbane QLD 4001

Free: 1800 217 217
Phone: 07 3236 0001
Fax: 07 3236 0005
Email: mail@aylwardgame.com.au

Article Source: Electronic Communication 

Divorce Rates in Australia

 

QUESTION: Which Australian State or Territory has the highest number percentage of recorded divorce rates against marriages?

ANSWER:
Queensland had the highest crude divorce rate of 2.5 divorces per 1,000 estimated resident population, while the Northern Territory had the lowest of divorce rates in Australia at 1.7 per 1,000 estimated resident population.

Tasmania, ACT, and Queensland reported the highest proportion of all divorces involving children, at 53.7%, 51.6%, and 51.3% respectively. New South Wales and Northern Territory (46.3%) reported the lowest proportion of divorces involving children.

Northern Territory had the highest median age at divorce rates for males at 45.7 years, followed by Western Australia and Tasmania (45.4 years), while New South Wales had the lowest median age at divorce for males at 44.2 years of age.

Tasmania had the highest median age at divorce for females at 42.8 years, followed by Western Australia and South Australia (42.6 years), while New South Wales had the lowest median age at divorce for females at 41.1 years of age.

The median length of marriage prior to divorce was highest in Tasmania (13.1 years), while New South Wales (11.2 years) had the shortest median length of marriage to divorce.

In 2012, New South Wales, Queensland, Western Australia, the Northern Territory, and the Australian Capital Territory all recorded more joint applications for divorce than male or female-only applications. This did not change from 2011.

Contact Family Law

Data Source: Divorce Rates Australia

Fair Work Act Changes – Workplace Bullying

The recent amendments to the Commonwealth Fair Work Act which are intended to address the issue of Workplace bullying have been passed and have been given a date to commence of the 1 January 2014, rather than the 1 July 2013 as had been originally intended.

The new provisions in the Fair Work Act enable employees who allege that they have been the subject of bullying in the workplace to make an application to the Fair Work Commission. The Fair Work Commission is then obliged to commence the process of addressing the allegation within 14 days, although exactly how the Fair Work Commission will do that has yet to be confirmed.

If the allegation of bullying behaviour in the Workplace is accepted by the Fair Work Commission it can make any orders that the Fair Work Commission believes are appropriate, but it is not authorised at that point to impose a financial penalty. However, any subsequent breach of any orders made by the Fair Work Commission can lead to significant financial penalties for both employers and individuals. This reinforces the need for employers to ensure that they have adequate policies and procedures in place, which are adhered to and implemented, to ensure that they do not fall foul of these new provisions.

Experienced Solicitors Brisbane | Brisbane Lawyers | Gold Coast

Article Source: Fair Work Act 

Surrogacy Law in Australia

Surrogacy Law in Australia explained:

The word surrogate means a person trying to achieve output for another person. This person is simply a replacement. So in surrogate parenting, a married couple finds a substitute person to carry their child. Usually, these are parents who are not wanting to bear the child themselves. They can be physically unfit or they might have some medical illness that can be transferred to their child.

For this purpose, a healthy surrogate mother is found. Thanks to advancements in medical technology, there is no need for physical contact between the male parent and the surrogate mother. Sometimes both the egg and the sperm are from the couple and the third person just carries their child. But commonly the egg is from the third person.

The surrogacy law in Australia is complicated. This process can be personal contractual between parents and the surrogate where payment is not involved. Or it is a commercial agreement. The agreements of commercial surrogacy in Australia have some pre-conditions, the conditions are

• The surrogate volunteer should be at least 25 years of age and less than 38 years. And she should have given birth to at least one child.
• There should be a written agreement signed by all parties involved.
• The parties must have spoken to a counselor. They also have to take legal advice from a solicitor at least 3 months before signing the agreement.
• You will have to obtain advice from a solicitor before surrogacy and before applying for parenting orders.
• You must be medically assessed to be parents to the child born to a surrogate.
• The Reproductive Technology Council must approve the agreement of surrogacy.
• This agreement must be signed before the surrogate becomes pregnant. There can be other conditions if a fertility clinic is involved.

What is surrogacy?

The introduction of your youngster is inevitable – and you are not pregnant by any means. Eager dads know this, yet it is uncommon for moms. If another lady conveys your child, one talks about surrogacy. For example, in individual nations, Australia, Ukraine, India, or some US states, surrogacy is permitted. Hormonal issues, natural breakdowns, scarred fallopian tubes, a missing uterus, illnesses, for example, endometriosis, or being too old can be the reasons why couples pick surrogacy. Surrogacy can likewise be an issue for gay men hoping to have a youngster.

The parenting order:

Surrogacy in Australia has different rules. The parents arrange for a surrogate to give birth to their child. They will have to apply for a parenting order from the court. The time of this application is different in different states. For instance, in the Family Court of Western Australia, this application is submitted after 28 days of the birth of the child, and it should be before 6 months after the birth.

In this order, the court looks for the best interest of the child. In many cases, the arranged parents are made the official parents of the child. The result of this parenting order is that the arranged parents will be treated as the original parents of the child.

Is surrogacy legal in Australia?

The surrogacy law in Australia is a bit complex. They might vary from state to state. We have tried to explain the basic implementation of surrogacy law in Australia.

There are two types of surrogacy Altruistic surrogacy and commercial surrogacy.

In Altruistic surrogacy, a woman carries the child of married couples as a volunteer she does not makes any profit out of it. This type of surrogacy is not illegal in Australia. However, it is not legal for singles or gay couples.

Commercial surrogacy is illegal in all parts of Australia, it is legal in only Northern territories as there is no legislation. You cannot make a profit through surrogacy.

You can do commercial surrogacy at the international level where a professional surrogacy agency is involved. In Queensland, New south wales, and the ACT international commercial surrogacy is also illegal. In 2014 a handicapped child was born to a gestational carrier, after this event surrogacy was banned in Thailand. It was a good source of surrogate mothers for Australian couples. Still, it is thriving in most jurisdictions.

Commercial surrogacy must be international or transnational. Which can be a problem for many Australian families. The Australian Department of Home Affairs has the responsibility to look after surrogacy in Australia. But the Australian government has given some support by reducing travel and medical expenses.

In Australian surrogacy law, for instance, individuals who wish to go into an intentional surrogacy game plan with a gestational transporter should go into a legitimate ‘Surrogacy Arrangement Agreement.’ Certain pre-conditions apply to these arrangements:

• Surrogacy cause the mother should be in any event 25 years old and have recently offered work to a kid;
• The understanding should be recorded as a hard copy and affirmed by totally related gatherings;
• The gatherings need to show that they have addressed an advocate and gotten legitimate counsel from a specialist in any event three months before consenting to the arrangement.
• The gatherings should get counsel from a legal advisor before going into a surrogacy course of action and on for a Parentage Order.
• An attorney should not guide both the birth mother and the couple looking for surrogacy plans as this adds up to a conflict of interest;
• The gatherings should be medicinally confirmed to establish that they can be guardians to a kid destined for surrogacy. It should be commented that Australia explicitly bars age as a substantial motivation to preclude an individual from endeavoring the consideration of a surrogacy youngster.
• The Reproductive Technology Council should affirm the understanding between the gatherings.
• This approval should be set up before the birth mother gets pregnant, or the agreement will be invalid. There might be additional rules expected by the gatherings if a ripeness center is included.

How much does surrogacy cost in Australia?

The cost of this process varies from state to state. When a woman is ready to help you in giving birth to your child, you will have to take care of all of her needs. You must bear the cost of her medical expenses and some other basic needs that a pregnant woman needs. Also, you will be responsible for her delivery charges. This cost can be anywhere between 15,000 dollars and 120,000 dollars. This is the surrogacy law in Australia cost.

Also, if it is a commercial surrogate in Australia the price starts at least 70,000 dollars.

Advantages and Disadvantages of Surrogacy Law in Australia

Advantages of Surrogacy

• It will fabricate your family.

This isn’t only a master, but the purpose behind surrogacy in any case! Not all guardians can hold an infant all alone. Notwithstanding, with ripeness techniques and strategies like surrogacy, it is conceivable to carry new life to your family.

• Surrogacy permits a hereditary connection.

Numerous guardians are attracted to the replacement alternative because of one primary consideration: it permits their kid to be a hereditary parent. While this isn’t generally a choice – a few guardians likewise use sperm and egg benefactors – it’s a draw for some.

• You are associated with consistently.

With surrogacy, future guardians can speak with their substitute mother, go to physical checkups and be available for the birth. It’s a consoling and energizing approach to remain included and makes the change for the child simpler.

• The cycle is straightforward.

Now, surrogacy is a notable and considered family assembling choice that the aces have at a science. There will be agreements to sign and legal advisors to work with, to secure both your family and your surrogacy. It’s a smoothed-out technique, and your office will be there to assist you with exploring it.

• It works!

The way toward choosing a substitute is broad. The one you pick will be sound and has brought forth youngsters previously. This takes into account a smoother experience with a lot higher achievement rates!

Disadvantage of surrogacy

• It very well may be costly

Surrogacy isn’t free. There are numerous costs to remember while leaving on this excursion, from lawful expenses to the expense of the simple IVF system and everything in the middle. Nonetheless, organizations like Extraordinary Conceptions work with Intended Parents.

• Coordinations can be overpowering.

Although the surrogacy cycle is efficient, it tends to be overpowering for a few. Working with attorneys, medical care experts, and a surrogacy mother herself can be extremely hard for a few. That is the reason organizations like Extraordinary Conceptions make sure to give assets to hopeful guardians. We are in your corner!

• There are enthusiastic complexities.

Richness and family arranging is a passionate themes and can carry a wide range of emotions to the front. During your surrogacy venture, there might be some genuinely testing times, discussions, and choices to be made.

What is the profile of those who attend surrogacy?

Between 70 and 80% of the people who use this technique are heterosexual couples who cannot carry a child naturally due to physical or health problems: the woman may not have a uterus or have some difficulty in the same as injuries or malformations that prevents pregnancy. The rest are couples of gay men or single men, and to a lesser extent, single women.

How can Aylward Game Solicitors help?

In surrogacy, there is a need for a proper legal agreement. We will create an authentic agreement for you. After the birth of the child, you will have to apply for a parenting order to become the official parents of the child. It is easy to get this order but sometimes it can get complex. We can help you to get out of this problem.

A problem of discharge order can also arise. In this order, an interested person will apply for a discharge order. In this order he may claim that surrogacy was done to gain profit If it is granted then you will no longer be parents to the child. It is not good to take away the child from his parents, If you work with us you will not have to worry about this issue.

Article Source: Surrogacy Law in Australia