Legal Separation
What to do if you separate from your partner
Separation does
not necessarily mean living in separate houses. Whilst it is
easiest to show separation if you live in separate houses, it
may be financially difficult to do this. Separation is still
possible while you live in the same house, so long as you clearly
tell your partner of your intention to separate, and you lead
separate social and financial lives.
If I live with someone who owns the house
we live in, do I get interest in the house?
You could, particularly if you make direct
financial contributions to acquiring or conserving or improving
that person's property, or you have children with the person
with whom you live.
Do I need a lawyer if I can agree "Division
of Property" with my spouse?
Yes. Without a Court Order your agreement
is not final and cannot be enforced. It could also be altered
later by a Court, perhaps to your detriment.
If I inherit money during my marriage, do
I get it all back if I divorce?
If you put the money into joint names,
combine it with joint money, or your spouse's money, it's possible
you may not get it back.
Do I need a new Will when I separate?
Marriage revokes any Will previously
made unless the Will refers to contemplation of that particular
marriage.
People often separate but forget to change
the Will which could mean that their spouse still inherits their
estate.
When a divorce becomes absolute, that part
of your Will that relates to your former spouse is revoked.
Whenever a married couple separate, each party
should review his or her Will.
Capital Gains Tax has a major impact on some
deceased estates and should be taken into account when making
a Will.
Professional estate planning can substantially
reduce the taxation liabilities of your estate and of your beneficiaries.
If you make members of your family executors
you can save up to six per cent of the gross estate going to
Public Trustee.
Commission paid to Trustees is paid on the
gross value of your estate, not on the net value. If you have
a house worth $100,000.00 with a mortgage of $90,000.00, the
commission to a Trustee Company could be $6,000.00.
Many people have been misled into believing
that it is more expensive to make your Will through a Solicitor
than a Trustee Company. The reverse is true.
Don't be tempted to make your own Will.
Most times it results in increased legal costs and delays in
the administration of your estate. Beware of home-made wills
and will kits.
Power of Attorney and Guardianship
An Enduring Power of Attorney is a document
giving another person the power to look after your financial
and legal affairs if you lose the mental capacity to do so.
If you have not made an Enduring Power of
Attorney, it is possible that the Public Trustee will be appointed
as the Administrator of your affairs instead of someone of your
own family.
A power of Guardianship is a document giving
the person of your choice the legal power to make decisions
about your personal life and medical treatment if you become
unable to do so.
In
most cases, if you are injured in a motor
vehicle accident, you are entitled to claim damages for
pain and suffering, loss of income including loss of future
earning capacity and loss of chance of employment, and medical
expenses.
However, it is important to act quickly in
order to preserve your rights. You should see a solicitor as
soon as possible after the accident so that your statement can
be obtained and also possible statements from other witnesses.
Your solicitor will also assist you in obtaining medical evidence.
It is important that this information be obtained
as soon as possible in case it may be needed at a later date.
Delays can cause your claim to be eroded and
a delay of three years after the accident date can result in
a complete loss of the claim.
Similar considerations apply to the other
types of accidents caused by unsafe premises, sporting accidents
and industrial accidents.
WorkCover 
Work Cover
In most cases if you are injured at work, you are entitled to
wages referred to as income maintenance. If you have an injury
which results in permanent disablement, you are entitled to
lump sum payments under the Workers
Rehabilitation and Compensation Act. If you have been injured
and you are on income maintenance, you may be subject to rehabilitation
programs which place important obligations on both the worker
and the employer.
If your claim is not handled properly,
WorkCover or their agents will deny liability for certain
rights which you may otherwise be entitled to. To protect yourself,
instruct a solicitor.
Public Liability
Office
of Consumer and Business Affairs
If you should slip, fall or hurt yourself in supermarkets or
any other commercial building or even on local council property,
you are entitled to make what is called a Public Liability Claim
for damages. Depending on how seriously you are injured, you
can claim pain and suffering and loss of amenities of life,
loss of wages, loss of future earning capacity, medical expenses
etc. Like motor vehicle accident claims, it is important you
act quickly to make sure that you do not do anything that would
prejudice your claim, and if you do not make a claim within
three years of the date of the accident, you are precluded by
law from making any claim at all.
Delays can cause problems with your claim,
for example witnesses' memories may fade and your memory may
fade. It is important that you seek legal
advice as soon as possible after the accident occurred.
See INJURY
CLAIMS
Small Business —The Case for Credit
Small Businesses are now experiencing the
most difficult trading conditions in more than 50 years.
The greatest problem arises in extending credit
to customers. Usually, if no credit is offered, the business
loses the order to a competitor willing to give credit. You
should consider the following:
- What steps can I take to prevent bad debts?
- How much credit should I give?
- Are the Directors willing to guarantee
their Companies' debts?
- Can I arrange a contract to retain ownership
of goods until payment is received in full?
Finally, discuss the matter with your solicitor.
He or She will be able to advise you as to how you can protect
yourself.
So you've been asked to be a Guarantor
Don't Take Risks
Consider everything carefully before you act as Guarantor:
- What is the total amount guaranteed? (Usually
the fine print says "no limit")
- Does the borrower have any other means of
repaying the loan should she or he become home sick, injured
or unemployed?
- Can you afford to repay the total amount
of the loan if the borrower cannot or will not?
If you are unsure about what you are signing,
seek independent financial and legal advice. Remember, if
you go guarantor and the borrower defaults, then
you will have to repay the loan.
Avoiding Business Traps
Buying
or selling a Business
The traps are many:
- Unnecessary increases in your tax liabilities
- Inappropriate leases which make it difficult
to re-sell the business
- Danger of being sued through inadvertently
failing to comply with regulations
- Dangers of purchasing a non-performing
business because of failure to make adequate investigation
before proceeding
- Many others
Protect yourself from these pitfalls — see a Solicitor
before you sign anything.
Your Home is your Castle
Buying or selling a house or land
The manner in which you and your spouse own a property can dictate
if you can or cannot leave your share of the property to anyone
after your death.
Do you know the difference between joint tenants
and tenants-in-common?
If you and your spouse have purchased property as joint tenants,
then on your death the property automatically becomes the property
of the surviving joint owner. You cannot in your Will leave
your share of the real estate to any other person.
If you and your spouse have purchased as tenants-in-common
then, after your death, your share in the property forms part
of your assets and follows the terms of your Will.
Get advice from your Solicitor on the most
appropriate way for you to purchase your property. Your Solicitor
can advise you and conduct the transfer for you at normal conveyancing
rates.
Be Represented by Experience
Criminal Charges -
Police Charges Courts
SA
Criminal Compensation - Claims - Drink Driving Charges
Whether you intend contesting a charge or pleading guilty, it
is most important that you are represented by an experienced
solicitor. It can make a great deal of difference to the penalty
imposed and could save you from gaol.
Solicitors also represent the victims of crime
in making compensation claims for injuries suffered as a result
of a crime.
The Police - What are
my rights Justice
Department
You may be stopped in your car, or approached almost anywhere
by a Police Officer who may wish to question you or conduct
a search of, amongst other things, your person, your car or
your home.
The law gives you the right to speak to a
Solicitor to get advice and you should use
that right.
If you are charged with any offence, get the
advice of a Solicitor.
Click
here for more info on Police & Criminal Matters.
