What Is a Prenuptial Agreement and Is It Legally Binding?

Did you know that currently, some 30% of Australian marriages end in divorce? That’s a pretty scary statistic, but that’s the reality. When people get married they don’t go into the relationship thinking it’s going to end in a few years. Most view the commitment to being for life at the time. As unromantic as it sounds, it’s wise to be prepared for the big day where you sign those legally binding documents. If you are entering into the marriage with considerable assets already, as a safeguard it’s a good idea to consider a prenuptial agreement.

This is by no means a prophecy that you’re certain your marriage will fail, or even that you’re viewing it in a negative light. It’s simply a sound business decision of sorts. In every other facet of life you would be ensuring you protect yourself, so why should a romantic relationship be any different?

Not only is a prenup a good idea prior to marriage, but it’s also something to seriously consider before entering into a de facto relationship as well. These days de facto relationship is viewed the same way as a marriage by law, if you’ve been living in a domestic cohabitation for 2 years or more, so your assets could be at the mercy of your partner without a prenup should the relationship fail at some point.

Give Yourself Peace of Mind

Negotiating and signing a prenuptial agreement before the marriage takes place, or before entering into a serious domestic relationship, will alleviate a lot of the uncertainty regarding the distribution of assets should the relationship end in separation or divorce.

Not only that, the settlement after separation or divorce will be simplified and expedited as a result of having a clear and concise prenup in place. The legalities regarding finances and division of property and assets have already been worked out and agreed upon.

This takes a lot of stress, debate, and confusion out of the divorce process, leaving you free to work on getting over the failed relationship and being able to move on with your life.

A Prenuptial Agreement Is Legally Binding

A prenup is definitely a legally binding document, or it would serve no useful purpose. It is signed prior to entering into marriage or a serious cohabitation relationship. When the agreement has been worked out, the signature of each party signifies that they understand the contents of the document and agree to the document’s stipulations regarding the distribution of assets in the event of a divorce or relationship separation. The document will often include liability for debts and leaves very little confusion for either party.

Your Family Law Experts

Aylward Game Solicitors in Brisbane fully understand there may be a need for a prenuptial agreement, and our team has the experience to help negotiate a prenup that both parties are happy with. If you feel you need a prenuptial agreement, talk to us first before the big day and we’ll assist you in the process of safeguarding your assets.

Article Source: Prenuptial Agreements

IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 2

 

In PART 1 we discussed that you think the abuse you are subjected to in your domestic relationship amounts to domestic violence and now you know that fast effective help can be sought through the Magistrates Court with or without the help of the Police.

Our last blog post set out that it is important for you and the other party that the allegations you make are true.  What if you are still not sure? (Domestic Violence)

The next step is to speak to a Family Lawyer who is experienced in domestic violence matters.  The lawyer will be able to help you understand your chances of success and of the support services available to you if you do make an application for a Protection Order.

The Power Of Domestic Violence Orders

Domestic Violence Orders / Protection Orders are very powerful tools.  If it is necessary for a party to exclude another party to the relationship from the shared home this may be achieved if there is a real risk of harm to the person alleging domestic violence (“the aggrieved”) or to children living with the parties (the “named persons”).

Common terms of temporary and final Protections Orders are that:

1. A Respondent must be of good behavior towards the aggrieved and not commit acts of domestic violence towards the aggrieved or a named person (often a child or another relative who lives with the aggrieved);
2. A Respondent may not contact or have another person contact an aggrieved or named person;
3. A Respondent may not approach to within a certain distance of the aggrieved or named persons or go to a place where the aggrieved or named person may be or frequents; and
4. The Order may set out the only circumstances that contact may occur between the parties (through lawyers or at certain places such as Court events) or by what method for communication such as by text message or by email.

The Police are empowered to enforce both temporary and final Protection Orders if a party is in breach.  This can lead to criminal charges for the perpetrator and if serious enough the perpetrator may be arrested on the spot.  This gives a strong sense of protection for an aggrieved party should they need to rely on the orders they have obtained.

What is the likelihood that a Magistrate will provide a Temporary Order

Asset out in our last blog in this series on domestic violence the ambit of what the Court considers domestic violence is wide.  Due to this, in short; the answer is very likely.

The attitude of the Court is that if someone has gone out of their way to apply for a Protection Order then until the matter is settled then an Order should be made.

Expect a Temporary Order to made whilst the matter is set down for hearing and time allowed for the parties to file their evidence and respond to evidence with the Court.

What is the likelihood a Magistrate will provide a final Protection Order?

If evidence is made out at the final hearing of the matter (the Trial) that domestic violence has been perpetrated against the aggrieved and or named persons then other factors will need to be considered by the Magistrate.  Under the Domestic and Family Violence Protection Act 2012 (Qld) the major considerations then are whether it is necessary or desirable to make a Protection Order.

Unless there is a compelling reason why it is not necessary for the Order to be made (which is rare) it must also be desirable that the Order be made.  In Queensland, there is no consideration required as to what the effect the making of the Order may have on the Respondent (in some other state this is a consideration of the Court).

It should be remembered that the determination of whether an Order is necessary or desirable is at the discretion of the Court.  In our recent experience, it has almost always been the case that even without concrete evidence that domestic violence has occurred (meaning that the evidence may be allegations alone) it is very likely that a Court will make a final Protection Order for the aggrieved.

Court Protection Orders

The Court makes protection Orders readily as it is believed that should they not, and a perpetrator then harms (or worse) an aggrieved, then in such case, the whole premise of protection by the Courts would be null and void.

In our opinion it is likely that should a party seek a Protection Order that it will probably be made if there is evidence to support that domestic violence did take place.

This gives assurances to people who are the victims of domestic violence however it can often be used by vindictive or malevolent parties to a relationship as a tool to cause problems for another party and in many cases to stop a parent from having contact with a child.

Should a party make false claims of domestic violence that lead to a Protection Order being made a person who has Orders made against them may appeal to the District Court.  In this case, there is a good chance that if domestic violence allegations are disproved then the Protection Order may be overturned.

Our next installment in domestic violence looks at the Court procedure and the methods by which parties can settle matters without a determination by a Magistrate at the Court and the effect to parities of a Protection Order being made in their various forms.

Article Source: IS IT DOMESTIC VIOLENCE? HOW DO YOU KNOW AND WHAT SHOULD YOU DO? PART 2

SEPARATION, DIVORCE AND FINANCIAL PLANNING

 

SEPARATION, DIVORCE AND FINANCIAL PLANNING: What You Need To Know

My financial advisers in their recent newsletter provided advice to their clients in regard to a separation in their relationship. The financial adviser wrote, “It is an unfortunate fact of life that couples will separate and even divorce.  The financial adviser went on to say that their advisers have dealt with these difficult issues and have become sensitive to the requirements of a separating couple.

The advice given in the newsletter was, “If you and your partner have decided to separate your first course of action is to contact a solicitor who can take you through the legal process of separating your assets.  Assets include the family home, any investment properties, cash in the bank, managed funds, your superannuation, home contents, cars, etc.”  While the division of all these assets has to be determined by the Family Law Courts your adviser can help you with the following.  The newsletter went on to list the various areas where a financial Planning adviser can assist.  The assistance they provided was as follows:

Budgeting

The financial adviser can help you to establish a new budget for you in line with any changes in income and assets.

Managing joint loans

Most couples will have some form of joint loans.  The financial adviser can help you with the best way to pay these off or bring the debt down to make it more manageable for each partner.

Selling any property

The adviser went on to say that they can assist in selling the property in the most tax-effective way.  The newsletter goes on to say that sometimes the couple may choose to keep the family home and rent it out or one partner may choose to buy the other out.  The adviser can discuss the most tax-effective way for their client to sell any property investments that they have due to separation.

Re-financing and obtaining a new loan

The financial advisers have a financial Planning team that can discuss re-financing with their clients if they choose to take on the loan of the other spouse or obtaining new finance for a new property to live in.

Changing beneficiaries for super and insurance policies

The newsletter goes on to say that the clients’ superannuation is classed as an asset when it comes to the separation of property and the client will have assigned a beneficiary on the superannuation and insurance policies in the event of death.  The newsletter further states that when a client separates it will be necessary to change the beneficiaries on both of these policies and potentially even split safer assets with their former partner.

Managing long term financial needs

The financial advisers state that whether it be investing, budgeting, or making a property purchase the financial adviser can assist with the long-term goals and decisions of the client.

The newsletter concludes with the following statement, “While all of our advisers are impartial and each members’ details are strictly confidential we do recommend that if our members are separating that one member considers taking on another adviser within the financial advising group.  This will not cost either party but enables us to offer you both the best possible advice without any concern for impartiality or conflict.”

This differs entirely from the practice in a legal firm.  Solicitors can only act for one party and are unable to provide any advice whatsoever to the other party in a separation.

It is always beneficial to parties when separating to not only obtain legal advice but to obtain financial advice on all financial issues which may be affecting them as a result of the separation but in particular in regard to taxation consequences and the restructuring of their assets once the separation has occurred.

Article Source: SEPARATION, DIVORCE AND FINANCIAL PLANNING

SEX DISCRIMINATION HICKIE V HUNT & HUNT

 

“Marea Hickie, a contract partner with Sydney law firm Hunt & Hunt, brought a complaint against her employer after her request to work part-time following the birth of her child was refused. She claimed the firm had given away her client base while she was on maternity leave. In a complaint heard by HREOC, Commissioner Evatt found that the law firm had indirectly discriminated against Ms. Hickie by requesting to work full-time in order to maintain her practice. The firm was ordered to pay $95,000 in compensation. The case highlighted the importance of employers putting in place flexible working arrangements.”

The Commission had to examine whether there was enough evidence to support direct or indirect discrimination. At that time, in order to prove direct discrimination there had to be an appropriate comparator, meaning, to compare one individual’s treatment against the general standard of treatment in the given organization. This would assist the Commission to decide whether the person in question has been directly discriminated against.

In contrast with direct sex discrimination, in order to prove indirect discrimination, Ms. Hickie had to prove that a requirement or policy existed which a substantially higher number of men than women could comply with. Ms. Hickie also had to show that she could not comply with the requirement and that the requirement was not reasonable in the circumstances.

The Commission found that the firm had indirectly discriminated against Ms. Hickie because the firm removed Ms. Hickie’s practice from her due to her intention to work part-time. This amounted to a requirement, policy, or condition that she work full-time to maintain her plaintiff practice.

The Commission further found that failing to renew Ms. Hickie’s contract amounted to indirect sex discrimination which was not reasonable in the circumstances. It was Commission’s view that the requirement to work full-time would disadvantage women. The firm’s own records showed that most part-time workers at the firm were women. The employer failed to prove that Ms. Hickie couldn’t complete all duties allocated to her showed that the requirement to work full-time was unreasonable.

Article Source: SEX DISCRIMINATION HICKIE V HUNT & HUNT

My Ex Won’t Let Me See My Children

Separation and divorce is a stressful and very confusing period of life. Stress levels are exacerbated even further when children are involved. Many marriages and de facto relationships that break down will have children in the equation, and it certainly makes a clean separation that much more complicated. And divorce is difficult enough without one parent refusing visitation rights to the other. If you think a child has been, is being, or is at risk of being harmed you can: report it to the police; report your concerns to Child Safety or call 000 in an emergency. But can anyone stop you?

Can’t see your kids? What can you do?

Unless one parent is legally deemed unfit for one of a number of reasons, then both parents have the right to spend quality time with their children, whether it be a joint custody arrangement or a parenting agreement.

In a perfect world, the separation or divorce will be amicable and an agreement regarding the children will easily be reached and adhered to. However, the reality is rarely ever that neat, tidy, and simple.

Let’s take a brief look at your options when it comes to child custody or visitation rights so you can spend quality time with your children.

Joint Custody or Shared Custody

In this instance the divorce has gone to the courts and child custody will be decided during legal proceedings. The result could be an even 50/50 split, where the child or children spend an equal amount of time with each parent each week or month.

Other examples of a joint custody split could see the children living with their mother from Monday through Friday, and spending their weekends with their dad, or vice versa. Or it could be one full week with the father, followed by a full week with the mother.

Often these arrangements will be dependent on a number of factors and the circumstances of each parent, such as who has the most time to spend with the children.

Parenting Plan

A parenting plan is a more informal and congenial “negotiation” between both parties. Usually mediated through a solicitor, the agreed-upon parenting arrangement may or may not be lodged with the courts.

If your parenting plan was not lodged with the courts, then it’s not legally binding.

Does that mean you have no legal recourse?

No, it does not. In conjunction with your family law firm, you can still start legal proceedings for joint custody or visitation rights if one parent won’t honor the parenting plan.

If the parenting plan was lodged with the courts, and one parent refuses access to the children, then that parent is in direct violation of the legal agreement and can be forced to comply.

The same applies to joint custody or shared custody arrangement. By law, unless there are serious mitigating circumstances such as incidences of domestic violence, both parents have to comply with the parenting agreement.

 

The Takeaway

Even if your split with your partner is mutual and amicable and you both want to negotiate a parenting plan, it’s always wise to have a Brisbane solicitor who specializes in family law involved to negotiate the agreement and lodge it with the courts.

In Brisbane, the law firm you can count on is Aylward Game Solicitors – your local family law specialists.

Article Source: Child Custody Brisbane

WHAT ARE THE PROS AND CONS OF VENDOR FINANCE?

 

What is Vendor finance?

A buyer may need a loan to purchase the house. There are different kinds of loans, like bank loans. But these loans require payment proof or a guarantor. It is not possible for people with a low pay rate. So, when a seller arranges money for the buyer, it is called vendor finance. This money is returned in installments at specific intervals of time. Purchase vendor finance homes is a completely different method. We take a look at what it means and the pros and cons of Vendor finance.

It is advised to take expert advice before asking for vendor finance. As there are some risks in these kinds of loans. So, before signing any agreement, ask the experts. Aylward Game is one of the old vendor finance advising companies. They can assist you in your property purchase.  

Risks of Vendor Finance?

You may look for vendor finance if you don’t fit on the merit of a bank loan or any other financial assistance. The vendor finance is often good, but it can be risky. For instance, these options are advertised just to attract a large number of buyers and to secure some quick sales. But it is wise to know some common risks before choosing this option. Vendor finance homes are not easy to purchase.  

In the recent era, vendor finance has criticized as a company We Buy Houses was banned by the Federal Court. As its representation was full of lies. These options are made to attract an audience who cannot even think of owning a house. These loans also have the same rules as other loans.

MS Pierce Pointed to the common Risks or challenges in Vendor Financing:

• There is confusion about who owns the property during the loan agreement. Who will be paying for the utility bills?
• These loans are of high amount. This loan is usually double the original amount of the property. So, they cannot recover what they have paid. They cannot even refinance with a bank.
• The agreement is too complicated. None of them has equal rights. The vendor enjoys more. The buyer never owns the property, and the vendor is never out of money.
• The consumer lacks protection, as well.

MS Pierce also included that the agreements are so complex that the buyer can never understand his benefits. He does not know how much will he have to pay in a long-term contract or what’s the condition of missing a payment. Their dirty tricks also unclear the buyer’s protection like the National Credit Code (NCC). There is no legal protection of buyers in these agreements.

 How does Vendor Finance work?

Vendor finance has many forms. Often the seller gives money to the buyer to start the transaction. Consumers can move to the property. To return the payment, monthly instalments are paid to the seller, who is not the rent.

In a Vendor Finance Transaction, we can include the Following Points:

• Property price: This price can be different from the actual market price. The buyer pays the first deposit to start living on the property. This deposit is usually a loan from the seller.
  
• Contract: This contract is longer than the normal loans. It has some extra terms and conditions like the penalties if a buyer misses a payment. It is very different from the usual bank loans.
  
• Payment method: In payment, there is an interest rate of at least 2% and may also include insurance and maintenance.

Let’s have a look at a few Points to End this Vendor Contract.

• The consumer owns the house after the end of the instalments
  
• The consumer can extend or replace the deal
  
• The consumer can lose hope and leave the property. And all of the investment is lost.

The consumers are left in depression. Consumers cannot afford repayments. They are still not able to ask for a bank loan. The plans of the consumer may not have worked, and now he can’t continue. The vendor will own the property. This is one of the vendor finance old dirty trick.

The Name of the Vendor Finance varies on the type of Agreement.

• The wrap-around loan also called money mortgage: In this loan, the buyer and the current owner lives under the same roof. The buyer will have to pay the utility bills with some interest, which is profit for the seller. This loan is known as private lending and is very much different from other laws. The loan wraps around only according to the seller’s mortgage. If the buyer is unable to pay, then they may lose their investment, and the vendor can repossess the property.
  
• Deposit finance: There can be a need for vendor finance for a home. This type of loan can get two loans for the buyer. Half of the payment is given by the vendor as a loan. The consumer will go to the bank to get the other half. The drawback is that the user will have to make bulky payments each month, one for the bank and another for the vendor. They can also go for the insurance implications; the penalties will arrive when false information is provided.
  
• Partially vendor financed: This is a bit simple than the others. The first half is paid by the bank loan, and the remaining is paid by vendor loan.
  
• License to occupy: The consumer will pay half or a smaller deposit. The rest payment can be paid via instalments. He also pays the usual taxes and the fees of property purchases. A license will be generated for him to live in the house. As this is not rent, then there will be no tenancy laws. As the loan is private so you cannot involve consumer credit laws.
  
• Off-the-plan instalment plan: It is a risky contract as the buyers don’t have many rights or protection. There will be a non-refundable administrative fee, a deposit fee, and a very long instalment plan, for instance, 25 years.
  
• Work-in-lieu of payment: You can also call it “Sweet equity.” In this finance, the buyer repairs or fixes a portion of the property in replace of deposit or instalment, and the rest of the payment is paid by vendor finance.

Let’s know about Rent-to-Buy:

In this scheme, the buyer and the seller agree that the buyer will rent the house. How much they pay will be considered as the share in the property. But they will not be the official owner of the property until the paperwork is clear.

Here is the Working of this Method:

• The broker shows the buyer a high priced property.
• The buyer will try to get a rent-to-buy house due to the high cost.
• A tenancy agreement is signed.
• There is an option for them to purchase the property after three or six years.
• A deposit fee is paid.
• The buyer will pay the rent and may also pay for the maintenance or utility bills.
• The instalments can include both the rent and the loan.

This is a simpler way of purchasing a house.

Where to get Legal Advice?

Are you looking for a vendor finance home in Brisbane, Gold Coast or Sunshine Coast? Aylward Game is here to help you with that. We are in the business for more than two decades. You can always count on us. We have given legal advice to many people. We help people in purchasing a property. Through legal advice, they are save from the false person. They don’t have to worry about legal issues when we consult them. When Mark Game started Aylward Game, he wanted to help people to get to their properties safely. Our team members are well aware of property law. We can tackle any kind of issue. So, just contact Aylward Game if you need any assistance regarding the property.

Article Source: WHAT ARE THE PROS AND CONS OF VENDOR FINANCE?

TELL TALE SIGNS SOMEONE YOU KNOW IS SUFFERING DOMESTIC VIOLENCE

 

Sometimes evidence of domestic violence is obvious, but that’s not always the case. Then there’s the issue of emotional abuse as well. Physical injuries can heal, but often it takes a lot longer to heal the emotional damage caused in these unfortunate situations.

The emotional scarring can potentially be a lot more damaging than physical bruising and can affect every area of a person’s life.

Everyone is different and so is every circumstance unique, but there are some tell-tale signs you can look out for if you fear someone you know is suffering from domestic abuse.

Obvious Physical Injury

Injury to many areas of the body can quite easily be covered up with clothing. However, bruising or marks on the neck, face, or hands even are not so readily concealed. It’s quite common when someone is physically abused by their partner that they won’t admit what’s really going on. Lame excuses will often be made in an attempt to explain away the injury. Often the denial is based on fear of more abuse to come if the victim confides in somebody.

The Person Is Always Edgy

If a person you know used to seem quite calm, relaxed, and in control, but now always seems to be on edge, then this is a sign that something is definitely going on. The person is certainly stressed about something. When it comes to a domestic violence Australia situation, the person in question might incessantly be checking the time, constantly looking all around, and generally unable to relax. They might always be in a hurry to go home, for fear of being late or getting accused of something. Sufferers often fear their abusive partner is always somehow watching them, or has someone keeping an eye on them.

Withdrawn Emotionally

Generally, when a person is involved in a healthy or happy relationship, they tend to put off positive energy and perhaps become even more outgoing. The opposite is commonly true if a relationship turns toxic and becomes abusive; either emotionally, physically, or both. If you know someone who used to be vibrant, but these days seems very quiet, withdrawn, and closed off emotionally, it could be a red flag that there is an abusive situation happening on the home front.

Low Self-Esteem

The occurrence of low self-esteem is a very common symptom of emotional abuse from somebody. As domestic violence and psychological abuse are often related to having control over someone, part of the plan to gain that control is to belittle someone, demean them to the point where they feel worthless. This gives the abuser even more control.

Don’t Suffer In Silence

If you are enduring an abusive situation at home, or you know someone you suspect might be, don’t remain silent about it. Help is out there.

If the police get involved, although the prosecutor representing the police department will handle the case, it’s also comforting to have a representative from your own law firm assisting you through the process.

At Aylward Game Solicitors in Brisbane, we are not only experts when it comes to legal matters pertaining to domestic violence in Australia of all descriptions, but we are also sympathetic as well.

Article Source: TELL TALE SIGNS SOMEONE YOU KNOW IS SUFFERING DOMESTIC VIOLENCE 

Australia Takes on Migration Again Highlights of 2021-2022 Federal Budget Review

Whether it can be treated in the midst of COVID-19 recovery or post-COVID-19 recovery, Australia’s 2021- 2022 Federal budget Review includes a range of economic and social outcomes touching on the migration program in order to address skill shortages in the labour market and attract overseas businesses. This synopsis aims to highlight the latest government plans to boost various sectors connected to, or affected by, the migration program.

Highlight 1 – Migration Program Ceiling

• The Ceiling will be maintained at 160,000 places. This includes 79,600 Skill and 77,300 Family stream places.

Highlight 2 – Incentives to hospitality and tourism sector

• The Government will increase flexibility for student visa holders to work beyond the current 40 hours per fortnight limit in the hospitality and tourism sectors.

Highlight 3 – Incentives for Sponsored Parent (Temporary) visas

• The Government will extend the validity period for Sponsored Parent (Temporary) visas by 18 months for individuals who are unable to use their visas due to COVID-19 travel restrictions.

Highlight 4 – Migrant Worker Protection

• The Government will strengthen migrant worker protection in response to recommendations of the Report of the Migrant Workers’ Taskforce.

Highlight 5- Enhancing Migration Litigation Merits Review

• The Government will enhance migration litigation and merits review by funding additional finalizations in the Migration and Refugee Division of the Administrative Appeals Tribunal and providing an additional judge in the Federal Circuit Court in 2021-2022, and a second judge in 2022-2023.

Highlight 6- Australia’s Humanitarian Program 

• The Humanitarian Program for resettlement will have 13,750 places in 2021-2022 to maintain Australia’s long-term commitment to humanitarian resettlement.

Having considered the above, and as general guidelines only, we make the following observations about Parent visas—

• Parent visas

Based on the Government’s announcement, Australia’s international border is likely to be closed until sometime in the middle of 2022. Considering the estimate provided for processing new eligible Contributory Parent visa applications (i.e. approximately 58 months), we recommend that such application be lodged now. You may contact us to see if you are eligible to apply for this visa category. When the border opens, you may then apply for a temporary 3 or 5-year temporary parent visa to remain onshore while the other application is processing.

Aylward Game Solicitors, Brisbane Lawyers, keeping you ahead of the Game with offices now in Brisbane, Gold Coast & Sunshine Coast.

We would be happy to assist you.

Source excluding the Parent visas observations: Funding a safer Australia to secure our future – Department of Home Affairs 

Article Source: Australian Federal Budget

Contact the best Family Law Specialists

FREE CONSULTATION WITH A BRISBANE FAMILY LAWYER

We pride ourselves on our past work and consider ourselves the most proficient and best family lawyer in Brisbane and Australia.

We appreciate that your Brisbane Family Law matter may be of a sensitive nature and we encourage you to contact one of our specialists for a free and no obligation appointment to discuss your unique situation and legal options.

Do you want to know your rights and options in family and de-facto law matters?

We provide a completely confidential, no obligation, free 20-minute appointment to discuss your unique situation and legal options.

Call us now on (07) 3236 0001 or (1800) 217 217 and you can start to build some certainty and direction in this stressful and unsettling time.

Our Christmas Trading Period Hours:
Normal hours until close December 23rd, 2020@ 5pm
Resuming on January 4th, 2021 @ 8.30am

FAMILY LAW INFO TABS – KNOW YOUR TERMINOLOGY

• Collaboration
• Mediation
• Litigation

Collaborative Practice is a new approach to family law in Australia where each person appoints their own lawyer who is trained in this dispute resolution method.

Collaborative Law differs from mediation in that collaborative family lawyers advise and advocate for their respective party rather than acting as a neutral facilitator.

AYLWARD GAME SOLICITORS WISHES YOU AND YOUR FAMILY A SAFE AND ENJOYABLE HOLIDAY PERIOD.

Please note our trading hours are slightly affected, however, we will endevour to answer any contact emails sent over the period.

NOTE: The Magistrates Court and Children’s Court are also on hiatus during this holiday period. 

Article Source: Family Lawyers Brisbane Free Consultation

6 MOST COMMON QUESTIONS ABOUT GRADUATE VISAS & IMMIGRATION

 

We asked Abolfazl Moghadam who has worked on hundreds of legal matters relating to Graduate visas and immigration applications and is a fully accredited immigration agent. He is also responsible for all Common Questions About graduate visas & Immigration on behalf of Aylward Game Solicitors. Abolfazl quickly answered the top 6 questions our clients have asked over the past month but if you have any specific questions relating to your circumstances.

1. 1.What do I do to qualify?

Basically, in order to qualify for this visa, the international applicant should have a recent qualification in a Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), hold an eligible Australian visa, and be under 50 years of age. In addition, the applicant must have a qualification relevant to an occupation on the skilled occupation list and, among others, meet the Australian health and character requirements.

2.How long does it take?

The processing time for this visa is approximately 4-5 months. Once the visa is approved and depending on whether it is the Graduate Work stream or the Post-Study Work stream, it allows the applicant to stay in Australia for up to 18 months or between 2 and 4 years depending on the applicant’s qualification.

3.What are the benefits (of study in au?)

With this visa, the qualified applicant can live, study, and work in Australia temporarily. Pretty big benefit.

4.What traps to be aware of?

The applicant of this visa must have and maintain adequate health insurance for the whole of his/her stay in Australia. The applicant of this visa cannot be granted if he/she previously received a subclass 485 or a subclass 476 visa as a primary visa holder. You must find your own employment while on this visa.

5.What about my family?

If the applicant of this visa is approved, he/she can apply for family members to join him/her in Australia. The duration of their graduate visas and immigration will depend on the applicant’s circumstances. 

6.When can I start the process?

Usually, the applicant of this has held a student visa within the past 6 months before lodging the application and holds either a substantive or Bridging Visa A, or Bridging Visa B. If the applicant’s student visa was canceled, but in the past 28 days the Tribunal has notified him/her of a decision to set aside and substitute the Minister’s decision not to revoke the cancellation, then the application for this visa can be processed.

Article Source: 6 MOST COMMON QUESTIONS ABOUT GRADUATE VISAS & IMMIGRATION