As many will now be aware, the firm has re-branded from Klimek & Co Family Lawyers to Klimek & Wijay Family Lawyers. The name change reflects the continued growth of the firm over the last 12 years, along with the entry of our Managing Director, Rishi Wijay, into ownership of the firm.
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and anxious about their property settlement and the assets they are likely to retain.
The purpose of a will is to direct where your assets will go when you die and to appoint a trusted person to act as your executor. So, is it really a good idea to write your own will?
The idea of divorce is well known, but less is known or understood about the mechanics surrounding what is actually done and the steps involved. In this article we explain the process in simple terms.
De facto relationships are an increasingly common part of modern life in Australia. Reflecting this societal change, the same law can apply to separating de facto couples as applies to separating married couples.
We often receive instructions after family court orders have been made, making it harder to provide the legal help clients need. In this article we illustrate how tough it can be.
Preparing a will is not a once-off event, you should review your will regularly to keep it up to date. If your personal circumstances have changed your will may not effectively carry out your wishes.
Following a separation parents do not have to go to court about the care arrangements for their children. As a matter of principle we encourage our clients to reach an agreement if possible without the need to resort to the Family Law courts. One advantage in reaching an agreement is that the legal fees will be much less than otherwise. That is not to say that a person should reach agreement unreasonably.
Before a person can apply for a divorce they have to be able to establish to the Family Court that their marriage has irretrievably broken down. This can be established if the Court is satisfied that the parties to the marriage have separated and have lived separately and apart for a continuous period of not less than 12 months prior to the filing of the divorce application.
When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down.