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A divorce application can be submitted online using the Commonwealth Court Portal. If both parties agree to apply for a divorce, they may file what is called a ‘joint’ application. As a result, the filing fee for the divorce may be shared between the parties. One spouse cannot prevent the other from applying for a divorce or the Court from granting a divorce. If one party is unable to reach an agreement on filing a joint divorce application, they may seek to file a ‘sole’ application for divorce which will result in that party being solely responsible for the filing fee. Further, the filing party will be required to serve the divorce paper work on the other spouse. Once a party files a ‘sole’ application for divorce, they are required to provide the other spouse with the documentation pertaining to the divorce prior to the divorce hearing. The process of delivering the divorce documents is known as ‘service’. Importantly, service is a requirement to allow the other party to be notified of the pending application for divorce involving them. For all sole applications, the Applicant is required to serve the divorce application on the other party by either posting it or delivering it by hand. It is a requirement that the divorce application be served at least 28 days before the hearing if the spouse lives in Australia, and 42 days before the hearing if the spouse is overseas. Need legal assistance? Ters Legal is here to help you through this difficult process. Call (02) 9166 7625 or book now for a FREE 30 minute consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

A divorce application can only be filed once a married couple have been separated for 12 months. This is regarded as a sufficient amount of time to demonstrate the likelihood of the couple not reconciling. Although living apart typically denotes that a couple has separate residences, it is possible to be ‘separated under one roof’. It is important to be aware that couples who have been married for less than two years are legally required to attend counselling before they are able to file for divorce. However, in some instances, such as whether there has been domestic violence, this requirement may not be applicable. Need legal assistance? Ters Legal is here to help you through this difficult process. Call (02) 9166 7625 or book now for a FREE 30 minute consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

Our conveyancing team at Ters Legal is dedicated to helping you buy, sell or transfer property throughout New South Wales. All our work is carried out with the highest degree of expertise and professionalism by our licensed conveyancers and lawyers. We provide direct legal advice on all aspects of conveyancing and property law at reasonable fixed fees. It is important to assign your valuable property transaction to a firm with appropriate qualifications, experience and professionalism. Why choose us? At Ters Legal, we also specialise in Planning and Environmental Law and have a wealth of experience in dealing with various types of properties and Local Councils within NSW. That means that whenever you get us to review a contract for you, we are also looking at the property you are purchasing from other angles to assist you with making the right decision. Our team of property conveyancing specialists are focused on residential and commercial property conveyancing throughout Sydney and the surrounding regional areas for owner occupiers and investors. We provide an extensive range of property and legal services including: · Buying Property · Selling Property · Commercial Sales and Purchases · Transfer Property Between Family Members · Off The Plan Sales · Contract Reviews · Pre-Purchase Advice · Wills · Subdivision Lodgements · Preparation Of Contract Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

If a tree is damaging your property or it can be proven that it is a threat to human life, the first step is to try and resolve the matter with the neighbouring owner. If your discussions with the neighbouring owner do not resolve the dispute, you may make an application to the Land and Environment Court (LEC) and seek the relevant orders to address the dispute. The LEC may make such orders as it sees fit to remedy, restrain or prevent damage to your property, or to prevent injury to any person, as a consequence of the tree. However, before making an application to the LEC, you must satisfy some jurisdictional matters. A dividing fence dispute is a disagreement between neighbouring owners in connection with a fence or proposed fence that separates neighbouring properties. A dividing fence is usually located on the common boundary between the two properties and can also be made up of a hedge. However, it does not include a retaining wall, unless the wall is required to support and maintain the fence. If a hedge is blocking sunlight or obstructing views, it is still recommended for the affected person to attempt to resolve the issue with their neighbour. If the issue cannot be resolved, you can apply to the LEC for an order. The Court may make such orders as it sees fit to remedy, restrain or prevent the severe obstruction of sunlight to a window (or any view) of a dwelling situated on the applicant’s land, if the obstruction occurs as a consequence of trees comprising the hedge. If you are having a dispute with your neighbour about a tree, hedge or fence, you should engage a lawyer who has experience in dealing with these types of matters. Ters Legal have represented many clients who have had such disputes. Get in touch with us today for more information on Tree and Fence disputes and how we can assist you further. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm.

An estate plan involves more than just preparing and signing a will. Estate planning requires a holistic approach to consider a person’s present circumstances and foreseeable future. An ideal estate plan will appoint a trusted person to manage your affairs both financially and personally if you are incapacitated, and a legal personal representative to administer your estate after you pass. It will also safeguard assets, nominate intended beneficiaries, utilise effective tax planning, and reduce the likelihood of family provision claims. Some important considerations in estate planning include: Your family structure. You should start with an overview of your family circumstances, and a lift of all family members whether or not you would like them to benefit from your estate. Who will be your executor and trustee? For a simple estate, a spouse or child (or a combination) are usually appropriate choices to oversee the administration and finalisation of the estate. For more complex cases, such as those involving business interests, it may be preferable to appoint a professional with expertise in this area. Your assets. You should provide a detailed list of assets and liabilities and their value. And finally, your superannuation. Super does not automatically form part of your estate benefits. You need to make a Binding Death Benefit Nomination to determine the allocation of your super account balance after you pass. A BDBN needs to be updated every few years to remain valid. Estate planning is a vital process to minimise stress and difficulty on family members and loved ones after your passing. Should you require any legal advice or assistance, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult.

You can contest a will if you feel the assets have been unfairly allocated, or you have unjustly been excluded from the will. In order to contest a will, you must be an ‘eligible person’. In NSW, an eligible person may include the deceased’s partner, children, grandchildren, or someone who lived with the deceased and was in a close personal relationship with them. Before proceeding to the court, the person making the claim (the claimant) and the executor of the will may enter negotiations to resolve the matter. If a settlement cannot be reached in negotiations, the matter may proceed to court. If you are an eligible person, you can file a Family Provision Claim with the Supreme Court of NSW. In NSW, applicants have 12 months from the death of the deceased to file this application. If the matter proceeds to court, the judge will hear all relevant evidence, and then decide whether orders should be made to provide you more than what is specified in the will. There are several factors that the court may take into account when deciding whether to modify a deceased’s will. This includes the nature and quality of the relationship between the claimant and the deceased, and the means and needs of the claimant compared with the size of the estate. Should you require any legal advice or assistance, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call now or book now for a legal consult.

In hostile property settlements, one partner may seek to dispose of property or other assets to prevent them from being included in the asset pool for distribution. There are legal avenues you can take to protect your property for the duration of legal proceedings and to prevent your former partner from disposing of assets prior to the property settlement. The most common way to do this is through an injunction. An injunction is a court order that requires a party to perform a particular action, or refrain from performing a particular action. In this instance, you would be asking the court to restrain your former partner from disposing of property prior to the final settlement. Failure to comply with an injunction can result in civil or criminal penalties, including a prison sentence. You can apply for an injunction regarding property matters under section 114 of the Family Law Act. The Courts will ordinarily consider two key factors when determining the outcome of an injunction application. First, the applicant will often be required to make a legally binding promise (known as an undertaking) to the court. This means the applicant agrees to take responsibility for any damages or losses that may arise as a result of the injunction’s enforcement, if it is later decided that the injunction was unfair and should not have been granted. Second, the court will consider whether the injunction is necessary to protect the assets on the balance of convenience. This means that the inconvenience sustained by one party cannot be outweighed by the convenience granted to the other party. Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult.

There are many avenues through which to settle family law disputes that avoid the costly and stressful process of going to court. Alternative Dispute Resolution (ADR) provides a cheaper and less formal response to family law disputes. There are three main types of ADR – mediation, conciliation, and arbitration. There are distinct differences between each of these processes, so it is important to consider which process would be most suitable for you. Mediation involves a process where an independent third party (the mediator) assists the parties to identify disputed issues, develop opinions, consider alternatives, and try to reach an agreement. The mediator does not give their advice or opinion about issues, nor do they have any role in deciding the outcome of the mediation. Conciliation also involves an independent third party (the conciliator) who helps the parties consider the issues in dispute. A conciliator often has professional expertise in the subject matter in dispute and will provide some advice about the matters for resolution. Arbitration is a process where the parties present arguments to an independent third party, the arbitrator, who makes a legally binding determination on the issues in question. Arbitration is similar to a traditional court process, but is less formal, and generally quicker and cheaper. ADR is a particularly important process in family law disputes, where the ongoing cooperation of parties may be necessary – for example, where the parties in dispute have children. In majority of family law matter, the court may require you to undertake a method of ADR before commencing court proceedings. Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult.

The Family Law Act states that if a person cannot meet their own reasonable expenses from their personal income or assets, there may be circumstances in which a former partner has a responsibility to financially assist that person. In certain circumstances, separating couples can have an obligation to provide ongoing financial payments in the form of weekly or lump sum payments. This obligation can continue until the death of one of the former partners, or when this former partner has the capacity to support themselves. Generally, spousal maintenance will only be ordered where there is a significant disparity in the income of the parties and where a clear expiry date (or expiry event) for the payments is given. Additionally, the court may consider factors such as whether the claimant has married another person, the respondent’s capacity to pay, the age and health of the parties, and the income, property, and financial resources of the parties. Common circumstances in which spousal maintenance may be ordered include where one party has had to give up work to care for young children, is unable to work due to ill health or disability, or is caring for adult children who are disabled. There is a strict time limit if you are applying for spousal maintenance the first time. It must be within one year of a Certificate of Divorce being issued for married couples, and within two years of separation for de facto couples. Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult.

A property settlement is an arrangement which is made between separating parties when dividing assets, liabilities and financial resources. There are five steps that the Court considers when parties are contemplating a property settlement. Those steps involve the following: Step 1 – Just and Equitable The first step requires the Court to be satisfied that it is just and equitable to make an alteration of to the property interests of the parties. If the Court is satisfied that an alteration of property interests is just and equitable, the next step will be considered. Step 2 - Identifying the Assets Available for Property Division The second step involves the process of the Court identifying the existing legal and equitable interests of the parties in the property settlement. Ordinarily, the Court will consider all current assets, liabilities and financial resources of each party, whether held jointly or separately and a net asset pool of the relationship will be determined by the Court for property division. Step 3 – Determining the Parties’ Contribution-Based Entitlements The third step involves an assessment being made by the Court in relation to the various contributions of each party to the relationship. The Court will consider the following contributions of the parties: 1. Direct and Indirect financial contributions (such as income, property or inheritance) made by or on behalf of a party to the relationship or a child to the acquisition, conservation or improvement of any of the property of the parties of the relationship. 2. The contribution (other than a financial contribution) made directly or indirectly (such as performing housework or doing unpaid work for the family business) by or on behalf of a party to the relationship or a child to the acquisition, conservation or improvement of any of the property of the parties of the relationship. 3. The contribution made by the party to the relationship to the welfare of the family (such as any contribution made in the capacity of homemaker or parent). The Court will assess the contributions of the parties on a case-by-case basis and in doing this, the Court will determine what each party’s contribution-based entitlements are at law. Step 4 – Identifying the Future Needs of Each Party Once the Court has determined the parties’ contribution-based entitlements, the next step requires an assessment to be carried out to identify the future needs of each party, which may warrant an adjustment being made in favour of one of the parties to assist them to continue post-separation duties. In determining this step, the Court will consider factors such as the age and health of the parties, their income and future earning capacity, caretaking responsibilities, and the duration of the relationship or marriage. The Court will assess the future needs of the parties on a case-by-case basis. Step 5 - Contemplation of the proposed settlement’s practical effect. The final step involves the Court examining whether it is ‘just and equitable’ to make the proposed distribution and property division, upon consideration of the long-term effects of this on each party. After following the 5-step process, the Court will determine the property division of assets and liabilities between the parties. Should you require any legal advice or assistance in your family law matter, please do not hesitate to contact Ters Legal. Disclaimer The above material and any other material produced on our website is provided for general information purposes only and is current at the time of first publication. The material is not a substitute for legal or other professional advice and should not be relied upon as such. You should seek formal legal or other professional advice in relation to any matters you may have. Ters Legal and its employees are not responsible to the user or anyone else for any loss or damage suffered by using any of the material on the site. We exclude, to the maximum extent permitted by law, any liability that may arise as a result of the use of this website or the material on it. Ters Legal aim to provide useful, accurate and up-to-date information, however, we make no warranties or representations about the quality and accuracy of the material on this website and use of this website in any way is not intended to and does not create a solicitor-client relationship between the user and our firm. Need legal assistance? Ters Legal is here to support you. Call (02) 9166 7625 or book now for a consult.