The latest divorce statistics available for Australia surprisingly show that the rate of divorce in on the decline and is at its lowest rate since 1988. This is no cause for a major celebration however, as the rate has fallen from a peak of 54,000 in 2001 to 47,000 in 2007. With those numbers, there is still plenty of work for any family law divorce lawyer to do, with thousands of couples each year still needing help and advice, once they have made the decision that their marriage is irretrievable. Professional legal advice is especially important if the separation is acrimonious resulting in the couple being unable to make rational joint decisions.

Many people may be surprised to know that the legal process of divorce under Australian Family Law is simply to officially acknowledge that the marriage has ended. It does not deal with issues around the division of property or child custody arrangements. However, depending on the circumstances it can be a complex process that should be handled by an expert in family law Sydney.

The start of the process is for the Court to prove that, firstly that the marriage is valid, usually evidenced by sighting a Certificate of Marriage. If the marriage certificate is in a language other than English, a sworn translation must be provided to the Court. If there is no marriage certificate, the Court may request some other evidence of the existence of a marriage.

Next the Court must establish jurisdiction as it only has the power to grant a divorce if one of the parties considers Australia to be home, intends to live here indefinitely, has lived here all their life, is an Australian citizen or usually lives in Australia, and was living here in the twelve months prior to the application for divorce. The Court must also establish that the marriage has irretrievably broken down. If the couple has been separated for twelve months prior to the application, a declaration by the applicant is sufficient evidence for the Court to make that decision.

The application form is filed in triplicate and one copy returned to the applicant by the Court. A hearing will usually be scheduled approximately within eight weeks. Once the Court is satisfied that the respondent is aware of the application and the hearing date, a decree nisi will generally be granted. The divorce is finalised when a decree absolute is granted, generally one month and one day after the decree nisi is granted. The Court will then issue a certificate of divorce by post.

If everything goes smoothly and all the required documentation is available, it will take approximately 12-13 weeks from filing the application to granting the divorce. However, often there are issues with the documentation, questions about jurisdiction, language barriers and other problems that require the expertise of family lawyers Sydney.

Even simple legal processes can become complicated when things don’t fall into place as expected. When the divorce is handled by a family law divorce lawyer, any surprises or issues are dealt with quickly, so that the client can get on with their lives.

Even though Australia has, as a nation, avoided the worst effects of the GFC, there are still ongoing ripples moving through the economy that are resulting in the collapse of businesses, large and small, throwing many employees into unemployment, and the business owners into bankruptcy. While no-one enters into business with bankruptcy at the forefront of their attention, the prudent person should at least have some knowledge of the legal framework around asset protection in these circumstances, should the worst happen. There are fair and legal steps that can be taken to separate private and business assets to provide some level of protection which is especially important if the business owner has family responsibilities.

When establishing a level of asset protection the person in the family most likely to have bankruptcy potential must be identified. Logically, this would normally be the person in business as opposed to someone who earns all their income from a wage or salary. The most common legal vehicle used in these circumstances is a Trust, which should always be established by Lawyers Sydney to ensure that everything is set up in accordance with all relevant legislation.

In considering any asset protection strategy involving the spouse of the business person, the question of what happens to the spousal assets in the event of bankruptcy should be raised. Currently, these assets are protected if the spouse is not a partner in the business, and has not guaranteed the business person’s debts, but if they were used as security for those debts, the assets would be at risk. If the spouse legitimately acquired assets and they were not deliberately transferred to the spouse for the purpose of defeating the creditors of the business, they would not be at risk.

Superannuation is another important asset that may become vulnerable in the event of a bankruptcy. The Bankruptcy Act allows for the protection of funds in a regulated superannuation fund, an approved deposit fund or an exempt public sector superannuation scheme. This includes life assurance policies or endowment assurance in respect of the life of both the bankrupt and the spouse. Funds in a Retirement Savings Account are also protected, provided that the total value of all these assets does not exceed the Reasonable Benefits Limit.

The question of what would happen to assets that passed to a person on the death of a spouse before they became bankrupt needs to be asked to finalise an asset protection strategy. The answer is that any inheritance the person received prior to or during the three (3) years of bankruptcy would be available to benefit creditors. To counter this, Solicitors Sydney could arrange for the spouse to create a Trust in their will keeping any inheritance from the person with the bankruptcy potential.

Owning a business is challenging, exciting and risky, all at the same time. Many well-run businesses have disappeared through changing economic circumstances beyond the control of the owners, so it is very important to have an asset protection vehicle set up by legal professionals just in case the worst happens.

Ask any Australian what they think about immigration and a variety of answers will be offered and without doubt, some strong opinions, both for and against. Many responses will be based on personal experience but many others will draw on ignorance and half-truths, not only about the numbers of people entering the country through immigration, but of the legal framework that underpins immigration policy. The truth is that most of us have only a basic knowledge of our immigration laws. For this reason, if approached for assistance with an immigration matter by a friend or neighbor, advise them about the immigration lawyer advantages of dealing with someone who possesses professional training in this field.

Australia’s Migration Act currently contains 500 articles making it a huge and complex piece of legislation generating hundreds of cases annually which must be heard and dealt with. Immigration law is a specialised area of the legal profession that has developed as a result of this complexity. It is almost impossible for general practice lawyers to have enough knowledge and experience to manage immigration legal matters. In fact, they are now referring their clients to Immigration Sydney legal firms for specialist assistance.

To provide clients with the best possible service, specialist lawyers undertake an accreditation process established by the Law Society of New South Wales and the Law Institute of Victoria, and must meet the requirements of the Migration Agents Registration Authority (MARA) for continued professional development. Combine this with a rigorous oversight scheme requiring among other things, professional indemnity insurance and registration with a state legal body, and the immigration lawyer advantages for clients of this degree of knowledge and professionalism are clearly defined.

As the profession evolves and develops there is a concerted effort by regulators to attract lawyers at the start of their careers into this new area of practice. Immigration law firms are increasingly specialising further into areas such as business migration, family reunion migration, skilled migration, refugee law etc, and offering exciting opportunities to legal professionals wanting to practice in a completely different area of law. The end result of the initiatives to raise the standard of professionalism is that the client will receive a much better service.

Australia has enjoyed enormous benefits from the continued efforts of successive governments to attract a diverse mix of migrants to its shores. It is in the public interest to develop the skills of any Immigration Lawyer Sydney so they in turn can assist our economic development by addressing skills shortages through business or skilled migration, or reuniting families separated by war or disaster so all members can make a contribution to our prosperity.

Migration consumers who seize the immigration lawyer advantages available to them can be confident that they are dealing with knowledgeable professionals who will guide them through our migration system. Subsequent descendants of migrants may well look back to the beginnings of this new profession and feel grateful for this guidance.

Family Law Parenting Orders is not something that is undertaken lightly by the courts, and they are the subject of a rigorous process to ensure that the welfare of the child is paramount in any decisions made by the Family Law Court. It is well known and understood that when parents separate or divorce, there are a lot of extraneous issues that drive the emotions and behaviours of everyone involved. It is the intent of the legislation and the desire of the Court that, while keeping this knowledge in mind, the child is the centre of any orders made, since it is the child who, in these situations, is powerless.

As any family law Sydney expert can attest, especially in the initial period after the separation, logic and reason are often not the behaviours exhibited by the parents when they first seek legal advice. Emotions run high with fear, anxiety and blame the most commonly seen, and which hopefully, with time and healing, most couples are able to overcome to some degree, especially where the welfare of their children are concerned.

In cases where Family Law Parenting Orders are necessary, there are fundamental principles against which the Court determines the best interests of the child. Among these are actions ensuring the child has the involvement of both parents in their lives while keeping them protected from physical or psychological harm due to neglect or family violence. Further, the right of the child to know and be cared for by both parents, regardless of whether they are married, separated, or have never lived together is considered.

The importance of the role of grandparents and the extended family have been recognised in the Family Law Act and is one of the fundamental principles considered in making determinations. In the past, sadly, children and grandparents formed strong bonds, only to lose touch permanently in the aftermath of a separation or divorce. Also recognised is the right of the child to enjoy their culture including spending time with others who share that culture such as extended family.

On 1 July 2006 the Family Law Act was amended to provide the presumption of equal shared parental responsibility, and many Family Law Parenting Orders are sought on this basis. However the Act also sets out factors to help the Court make these determinations. The Court considers the child’s views on equal time with both its parents, the practical difficulty and expense of dividing the child’s time this way, the likely effect of this arrangement on the child and a number of other important factors. Parents who need representation should consult with Family Lawyers Sydney for experienced comment and help.

Family Law Parenting Orders are always difficult, but with the child’s best interests at the forefront, the adults who care for them the most must come to some arrangement that will benefit the child. This is one of those times when maturity is needed, and sadly, it is often when it is most lacking.

It is difficult for people newly arrived in a country to learn the culture and customs, but any effort put into learning the ropes will be returned ten-fold when the new arrivals start to feel confident in most work and social situations. For the thousands of migrants who enter Australia through Immigration, Australian Social Customs must appear to be a complete jumble of contradictions and variations. It must seem that just as they have a handle on one particular aspect of our culture, they encounter something else that seems at odds with what they know.

A good example is the advice that making eye contact is considered to be a sign of respect when meeting someone in Australia. However, the other side to that advice is that it is rude to stare at someone. Is it any wonder new arrivals get confused! Even the Lawyers Brisbane working in the immigration industry find this a common issue that confuses people from other cultures.

Australians could appear to be a little “stand-offish” to people who come from cultures where it is customary to kiss on both cheeks or hug as a greeting even when people don’t know each other well. Shaking hands with the right hand extended is the correct greeting, with other approaches kept for family and friends.

Clothing is another area that new arrivals find confusing. 96% of Australia’s population live within an hour’s drive of the ocean, so swimming and beach culture is very important. Skimpy beachwear is perfectly acceptable and should not be interpreted as a reflection of the moral standards of the wearers. People are free to wear a wide variety of clothing and if new arrivals wear their national dress, that is also accepted.

A ritual that assures acceptance into a social circle is an invitation to an event, and again there are Immigration Australian Social Customs that need to be observed. Written invitations require a written response, regardless of whether or not the person will be attending. If an invitation to a meal is accepted, and the invitee has dietary restrictions for religious reasons, simply state that on the invitation response and the host will not be offended.

However, one sure way for people new to Australia to upset the locals is to exhibit impolite behaviour. For a country that is laid-back and accepting of differences, behaviour considered rude and ignorant will elicit a quick, loud and very public admonishment. Examples include pushing in ahead of others, not responding with a “please” or “thank you” in appropriate places and spitting onto the footpath. The latter behaviour, particularly, could see the new arrival in need of help from Solicitors Brisbane.

As a country that has welcomed millions of people from other countries and cultures, Australia has had great success at creating an environment where people are accepted and encouraged to take citizenship. If the new arrivals make the effort to understand our culture and customs too, they will enjoy their new lives and get along just fine.

Family Law legislation in Australia seeks to ensure that couples whose relationships have reached an impasse undergo a mediation process in the hope that the situation can be reversed. If this is not possible, the next option is to have in place an orderly and structured process that is fair to both parties regarding property settlement and child custody arrangements. However, there are some regrettable situations where mediation is impossible due to a history of violence and dispute resolution in these circumstances places one of the parties under severe duress. In these circumstances there other avenues that can be pursued to legally end the relationship.

Counselling is an often recommended response to domestic violence situations, but unfortunately for many people involved, the extent and duration of the abuse has resulted in an imbalance of power that places one of the parties at a disadvantage. Because of the complexity of family law Brisbane clients needing advice in matters of violence and dispute resolution should contact an experienced legal professional.

Where there is evidence of child abuse or family violence, the law allows a lawyer or family dispute resolution practitioner to advise all parties involved that an imbalance of power is evident and other options are being considered. The practitioner has the power to issue a certificate to the effect that the dispute resolution process is being bypassed before the court proceedings. However, there are a number of things that must be considered before taking that step.

A proven history of family violence, the risk of child abuse or any threats made to the other party regarding their safety, or emotional duress that is impacting on the party’s psychological, physical or emotional health are all issues that are looked at carefully. In addition, language or cultural barriers or disadvantages that relate to the financial circumstances between the parties are also considered. There must be sufficient evidence to allow the dispute resolution practitioner to issue the relevant certificate.

In cases of violence and dispute resolution failure, the lawyer or practitioner is an impartial participant in the process, and to ensure that one party is not favoured over the other, there are a few other options that can be attempted. Undergoing mediation via telephone conferencing or video links is one alternative, and another is the presence of a support person, usually someone from family law Brisbane, in case one party becomes overwhelmed by the process.

These provisions are in place to ensure that due process is followed, while recognising that for people at the wrong end of a power imbalance, fair concessions must be made. If they can be accommodated in the manner set down, it is hoped the parties can end the relationship with no further violence occurring.

There have been many wildly inaccurate and often hysterical claims made in the media regarding immigration laws and practices in Australia. The divisive nature of the national debate does not take into account the complexity of the immigration laws, and many a migration sponsor must be caused a great deal of anxiety while a migration application is being processed, especially if the person in question is a minor. The facts are that only an Australian or New Zealand citizen or permanent resident can bring a child into Australia, and success is dependent on ensuring that the correct visa subclass is applied for at the outset.

These matters are very complex, and the consequences of making a mistake too dire to be left to inexperienced people to arrange. When a minor is involved, the adults taking control of the situation must first be looking after the wellbeing of the minor, so anyone considering being a migration sponsor should consult specialist lawyers Sydney before taking action.

As an example, one issue that a migration sponsor may not be aware of in respect of a child under 18 is that another party who is not the sponsor, but who has the right to determine where the child resides must give permission for the child to migrate to Australia. However, there are certain circumstances where a Court can issue an order to allow migration. There are no exceptions, however, to the child meeting the health and character requirements, and if they are over 18, they must read the book 'Life in Australia' and sign a statement confirming that they will obey and respect Australian laws and values.

There are several visa subclasses and care must be taken to apply for the applicable one. In the case of visa subclass 802 and 101, the child referenced in the application must be under 25 years of age. If the child is 18 years or over, they must be a full-time student and be financially dependent on the sponsoring parent. Where the child has a medically proven disability that would prevent them from working, those provisions may not apply.

An Orphan Relative visa subclass 837 or 117 can be made where the parents have passed away, are incapacitated or missing and no-one can care for the child. However for this visa the child must be under 18. The child must also have relatives in Australia willing to sponsor the child such as aunts, uncles, siblings, grandparents, nieces or nephews. A spouse of one of these relatives can also apply to be a migration sponsor. Lawyers Sydney will assist them to arrange an Orphan Relative visa application.

There are two other requirements that must be met. All documentation must be provided and fees paid to the Department of Immigration and Citizenship as required. A child 18 years of age or older must not have been engaged, married or part of a de facto coupling.

Immigration law is one of the most difficult and complicated professions within our legal system, and one that is little understood by the average Australian who has not needed its services or intervention. Exposure to immigration law for people outside the legal profession can happen as a result of being an advocate for someone wanting to emigrate, a care worker looking after refugees, or someone who needs access to an immigration lawyer through some unexpected life event. For anyone in these circumstances, the advantages of seeking the advice of a specialist in this complex area should be obvious.

The sheer volume of legislation and accompanying processes surrounding immigration law is cause for this to be a specialist area within the law generally. However within immigration law itself, there are areas of further specialisation that require more expertise than standard Lawyers Brisbane can provide.

Typical areas of specialisation are skilled migration, family migration, business migration and refugee law, and as these are all equally complex, with caseloads increasing each year, it is impossible for a single lawyer to be fully versed professionally in all areas. General lawyers are also using immigration law specialists as consultants in cases where they have an existing client with an immigration problem. By accessing assistance, they are still providing a service to their client, but also creating networking opportunities with immigration specialists that benefit all parties.

This continual move towards specialisation is being assisted by the strengthening of professional standards, and the requirement for lawyers wanting to practice in this area to attend continuing legal education classes. The Law Society of NSW and the Law Institute of Victoria have also established specialist accreditation programs and raised the level of professionalism. A group of immigration lawyers have established a professional body called The Immigration Lawyers Association of Australia (ILAA).

Along with the already existing State regulations which regulate legal practice throughout the country, these initiatives will provide more opportunities for professional development in immigration law, and attract young lawyers to the profession. Compulsory registration with state authorities and the requirement to have professional indemnity insurance is providing confidence that there are avenues of redress for clients in any dispute. While these registrations also apply to general Solicitors Brisbane, they lack the specialist knowledge to practice in immigration law.

The Immigration Lawyer Advantages of this additional professional development is better management of the skilled and business migration programs. The community will also benefit through understanding humanitarian programs and family reunification schemes. Immigration law is an area that has been little understood for a long time, and with these initiatives, ordinary Australians may gain some unbiased insights into how these laws work to protect all of us.

There are many issues within the legal system that can cause anxiety and anguish, and one of the most emotionally difficult to become involved in is the question of a child’s parentage. This issue often arises in child support cases when establishing beyond doubt a family law parentage has substantial long-term financial consequences for both parties. The legal background to the question of parentage is less emotional, but none the less, very interesting. Under common law, parentage was presumed if the parents were married at the time of conception or of birth, thus establishing legitimacy.

There was a presumption that a married couple would only be engaging in sexual activity with each other, and that the wife would not be engaging similarly with another man. The presumption wasn’t always applicable if the couple were separated, nor if there was evidence of an affair. Obviously, with the passage of time, we can look now at these presumptions and wonder how they could have been considered as evidence of parentage, but now we have hindsight and access to Family Law Sydney legal minds.

To bring the whole issue into a modern context, the introduction of the Marriage Act changed the concept of legitimacy with two major changes – that the legitimacy of a child is established from birth upon the marriage of the child’s parents, and that a child of a void marriage is to be considered as legitimate. This was such a fundamental change, not only in legal terms, but in the way that society viewed the birth of children “out of wedlock”, that the term “illegitimate child”, which was very common pre-1970, is now rarely heard.

These days, there are two ways that family law parentage enquiries are dealt with. The first is a presumption of parentage, and the second is evidence of actual parentage both covered by The Family Law Act. There are five presumptions of parentage – arising from a marriage, from cohabitation, from registration of birth, a court finding and finally from an acknowledgement of paternity. In addition, extra presumptions are used by the Child Support Register to establish parentage and identify the person responsible for child support.

In family law matters, if the question of parentage of a child arises, the courts can order certain tests to be applied to settle the matter. An order can be issued in relation to a child, the mother of the child, or any person who the court believes can assist in determining the parentage of the child. However, there are restrictions if the child is under the age of 18 years. These are complex matters and Family Lawyers Sydney should be consulted for expert advice.

Unfortunately, the nature of many custody disputes are such that the laws mentioned above are necessary to provide a framework for issues to be resolved by independent parties. Family law parentage issues would not need to be aired in court if the adults considered the needs of the children first.

If most taxpayers were asked to give an honest opinion on the payment of taxes, it is likely they would prefer it if the payment of tax was not required. However, we live in a system where we pay taxes in exchange for the provision by governments of infrastructure, services and security, and most law abiding Australian citizens appreciate this. For the average taxpayer who does not have access to the more complex tax reduction options, the creation of trusts to avoid tax is considered unfair. Generally, people will pay their taxes willingly if they think the system is equitable.

There is no reason why careful tax planning cannot be part of a system that is equitable. However, care should be taken to ensure that tax planning does not become tax evasion, especially when legitimate vehicles exist. The difference between the two can become complex, and the advice of specialist tax lawyers Brisbane is essential to ensure that any action taken is permissible.

Generally speaking, trusts to avoid tax that have no other redeeming features will be void and the Commissioner of Taxation can cancel the benefit if it’s established that a person entered the scheme to obtain that benefit. There are several definitions of just what constitutes a tax benefit, and it’s important to understand these.

One definition is an amount not included in the assessable income of the taxpayer that would reasonably be expected to be included had not the scheme existed. Another is a deduction that may not have been allowable in other circumstances ie. if the scheme had not existed. A third is a capital loss that may not reasonably have occurred had the scheme not existed and a fourth is a foreign income tax offset that would not reasonably have been allowable had the scheme not existed.

The other important term that needs to be defined in this context is that of a “scheme”. Taxation legislation defines a scheme as an agreement, arrangement, understanding, promise or undertaking, express or implied, enforceable or not by legal proceedings; and a plan, scheme, proposal, action, course of action or course of conduct.

The concept of reasonable expectation lies at the heart of the matter. This involves making an assessment as to what would have happened if the scheme was not entered into and has to be sufficiently reliable for it to be regarded as reasonable. These kinds of decisions are best made by experts in taxation law and advice should be sought from experienced Solicitors Brisbane.

Because trusts to avoid tax are void, any tax planning scheme should be based on the use of legitimate vehicles which can be very effective in arranging tax matters to their best advantage, and still complying with the law. Expert opinion and assistance is essential for taxpayers who are concerned that they stay within the bounds of the legislation.