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As a family lawyer, I often talk to people who have been told false information about family law in Australia.

One of the most common myths about the fact relationships. Some misconceptions that I’ve heard are:

“, he / she can not claim because we do not marry”

“when he was 3 months her … he is entitled to half”

a few quick things to be explained by the fact relationships in Australia

– There is no automatic 50/50 split in Australia for practice (or even married) couples

– There is no 3 or 6 month rule. It is generally a 2-year rule, but there are plenty of exceptions to this rule (ie if you have children and / or combined financial) so you should not make assumptions based on time alone

– Just because the assets are in the name of one does not mean the other party can not claim

– If you develop not happy, your ex can make a claim against you in the future

The first question you need to ask is: we are in fact touch

Some of the factors the court considered in determining whether you are in fact a relationship are 😕

– was recorded two years or more?

– Do you have children?

– you live together?

– sharing finance?

– you help each other (both financial and non-financial contributions)

– and much more

Essentially, if you think you may be in fact a relationship, then you need to get some legal advice from a specialist family lawyer

target of. The answer is yes, you are in fact a relationship, the next question is, what property settlement (if any) I right?

Just like a marriage, the court applies the 4 steps. The law on this in Australia is long and complex, but a brief summary of the steps are:

1) What is the asset pool? (this includes all assets, liabilities and superannuation);

2) What contributions have each party made to the property and to the relationship (including donations, non donations, contributions homemaker and parent, etc.)

3) What are the current and future Our financial situation going to look like? (comparing things like differences in income, resources, child care, the ability to work, age, health, etc)

4) After considering the three steps above, what would be “just and reasonable” settlement

The answer is often not simple. Each case is different and you need assistance that is specific to your situation.

By acting in any of these alternatives is to consciously allow divorce to take his life, taking the focus away from the issues that are in dire need of attention: the needs of children, the disposal of assets, the ability to live the financial position of divorce, where the parties will live, with whom the children live, how the family medical and dental expenses will be paid, and how the surviving parent and the children will be cared for if one parent die. At best, the project is difficult; there is no time for unproductive arguments or young jockeying. Lives will be reorganized with the divorce; There is no avoiding it. However, if people choose to meaningfully participate in the process that they want to keep far more control over the outcome and the future of their families.

The role of the Family Law Mediator is to channel the energy positively. The body is less able to behave appropriately, civil manner, the more that person eventually forfeit the opportunity to productively participate in bringing divorce his or her resolution. When a participant goes with courtesy, although the right to make decisions in life is maintained rather than putting it in the hands of third parties, the judge who gets to choose the information and makes a decision based on the limited information. It is as if the judge does, however, key hole door to a large room and is then expected to accurately describe valuable piece of art hanging on every wall. It is simply impossible and at best, the judge’s decision is usually incomplete. Of course, the advantage of having a judge make a decision is that it will be done. Still, even after a judgment has been made and divorce is unresolved emotional issues that the court can not resolve remains firmly in place, often with far reaching tentacles that can affect the lives of a generation. Lawyer practicing for decades, for example, can represent multiple generations of a family as an amazing place with very similar marital problems. To add insult to injury, when the judge hears some aspects of divorce, the reporting usually occurs in a public courtroom. Veneer privacy and dignity is no in the courtroom. Mediation offers a viable alternative to all of this.

The Fever Pitch commonly associated with the divorce can become so heated that people often waive their rights to participate effectively in the process, mostly without realizing the consequences of their misbehavior angry. Courts deal with this problem in various ways: the men asked the court to understand the arguing parties in the courthouse building itself, so that attorneys in a separate area to negotiate on behalf of their clients; police were called to assist the usual rational adults that simply can not interact appropriately even for seconds it takes to drop off or pick up their children; and judicial orders prohibiting verbal exchanges between the parties in the presence of their children. It is amazing that in a world that is so focused on communication through every possible medium; E-mail, texting and twittering to name a few, people divorce level regularly and free waive the right to be heard at all, simply because they refuse to do so in a respectful and productive manner. The Family Law Mediator is trained to focus on resolving conflicts by keeping the relationship on track.

If Louisiana family courts had it their way, the child of a marriage that ends in divorce would always be in the custody of one or both parents. This is because Louisiana but family in very high esteem, and respect parent-child relationship to one that is extremely important.

Unfortunately, this may not always be the case. Sometimes there are factors that come into play in the court of conscience can not put a child with a particular parent. Louisiana Civil Code article 133 deals with one such problem. The article reads: “If the award joint custody or sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person …”

One way to illustrate an article 133 is through examples. Let’s say Daisy is the only daughter of Max and Linda. Max and Linda got divorced ten years ago. After the breakup, Max engaged in serious drug addiction. This addiction risk that he may seek custody of their child. Family court ordered that he only have limited access at Daisy, and Linda was the only non-custodial parent.

Now let’s say that Linda dies in a car accident. Max catches wind of this and decides he is going to take this opportunity to get custody of Daisy, because he had not had much control as part of the divorce. The problem for Max is that he still has issues drug, and he has been in and out of rehab for the past five years.

Now let’s say that Daisy’s grandmother, Susan. Susan has been taking care of Daisy Daisy for almost all life. In fact, if Linda was alive, she would probably say that Susan was more of a mother Daisy and Linda herself was.

Because custodial parent Daisy has died, a family court may have to award custody of her other parent. In the above example, we had a classic example of how Article 133 would work. If it could be proven, the court judge Max from a custodial parent even though he is actually the parent Daisy. This is of course due to his drug problem. Given Susan long track record of caring for Daisy, not to mention that she is in fact based as well, the court may very well make her custody of the child under Article 133

and the language of the article suggests, it could be other hypotheticals where father as Max is denied custody after divorce from the child’s mother, and the child is given other than a doting grandfather. If Max is unfit, the court will look for another potential parent to Daisy rather than placing it in an unstable environment. This could mean an aunt or uncle, older sibling, or maybe even an old and trusted friend of the family.

This article is written for the sole purpose of providing information. It is not legal advice. Will Beaumont practices divorce law in New Orleans, La.

Although abusive boss can be frustrating and make you feel very uncomfortable at work, not all behavior is actually considered a violation of rights. This can cause all sorts of issues for workers, especially in deciding whether to stay or look for another job. If misuse is considered legal, however, you will definitely need to contact the employment office lawyer.

Firstly, what is offensive behavior? An offensive coach can actually be put into one of three categories:

• The in-your-face critic who constantly insults you
• The fake nice boss who secretly destroys progress; or
• Control Freak creates unrealistic goal.

While you should always try to work out a solution within the workplace – a meeting with your boss to discuss your concerns, then HR if they are uncooperative, and then even more if they refuse to do anything to help – this is not always going to lead to a solution. If you’ve tried all this and do not see any change, speak with a professional lawyer.

An employment lawyer should be able to tell you whether it is strong enough to take further or whether it is too flimsy to hold up in court. To increase your chances of success, be sure that you have recorded events misconduct manager – collect hostile emails and poor food and note down the date and time (as well as certain descriptions) of action

case. there is no way to fight abusive boss, the only solution may be to look for a new job in a much better working environment.

case Mainwaring V Corus UK Ltd [2007] concerned issues relating to the alleged illegal dismissal because of the prolonged absence due to back pain workers. The employee had been hired as a crane driver for over 30 years. In 2002 he began to suffer from back pain that caused him to be absent from work for a long time.

At one point in late January 2006, a new period of work due to back his condition. He consulted a GP and was prescribed medication and physiotherapy courses. He was advised to stay active, to perform properly and may pain, and to avoid heavy lifting or sit in one place for a long time.

during his absence, the employee was seen regularly B, occupational part of the employer. 16 March, state employee improved to the extent that B concluded that he was able to return to light duties within about two weeks, at which time he was no match for back to work.

But in early March employer had had anonymous “tip-off” from a colleague employee suggested that the employee may have been acting outside of work inconsistent with him legitimately absent from work due to back problems.

The employer did not take a witness statement from the informant, but decided to embark on employee monitoring. As a result, between 9 and 16 March, the employee was recorded on video three times. In two cases he was seen loading and unloading shopping from the boot of his car.

We view the video footage, B concluded that had the employee informed him that he was able to perform the tasks, he would have recommended that he was fit return to work with no restrictions being placed on him.

Subsequently, on 27 March, a trial was held, after which the employee was suspended pending the outcome of a disciplinary investigation. The employee was invited to disciplinary hearing conducted on April 7 with R, production manager of employers.

After the hearing, R sent a worker on the grounds that he had dishonestly reported themselves as unable to work due to illness when he had actually been fit to work. A subsequent internal appeal against the dismissal was unsuccessful. An employee of the claim before the employment tribunal alleging that he had been badly run. His claim was upheld by the court on the basis that:

§ employer had failed to operate within the range of reasonable responses that do not take a statement from the informant; and

§ employer, having received a “tip-off”, would have been to suspend an employee and had thereby demonstrated pre-judged the mentality to escape.

The employer appealed to the Employment Appeal meeting (EAT) against this decision. The board ruled that:

§ tribunal in connection with the failure of the employer to take a statement from the informant was an error of law;

§ results tribunal in connection with the suspension of the employee and the employer’s mind to say had been in the wrong factual basis; and

§ tribunal had failed to address the impact of the internal appeal procedure on the fairness of the dismissal procedure

The appeal was allowed and what was kept :.

§ telecom employer informant had not formed any part of the investigation of the conduct of the employee. Communication had only an investigation. Furthermore, the reasons for dismissal relied on the employer made no mention of the communication from the informant and no evidence capable of supporting the assertion that the employer would have this communication in mind when deciding to say. In such circumstances, no witness statement from the informant could not be said to have been relevant to the validity of the study or the decision to refer.

§ associated with tribunal is the allegation that the employer had approached the investigation with termination in mind, would the conclusion reached on the basis that, following receipt of ‘indication’ employer had suspended the employee without further consideration. With regard to the study session March 27, 2006, the Tribunal had clearly reached a decision on a misunderstanding of the facts.

§ By neglecting to consider the potential impact of the internal appeal, the Tribunal had failed to consider the fairness and validity of the case as a whole. Accordingly, unfair dismissal of an employee’s claim would be paid for fresh consideration by different courts.

© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor is it a legal advice. It is intended to highlight general issues. Always sought expert legal advice in relation to certain conditions.

With the current economic collapse, the elderly face an increased threat of losing their assets to unscrupulous family. Elder financial abuse cases is likely to increase the adult children, are facing job loss, foreclosure and refund, utilizing their parents using financial reforms. The following scenario can occur in any city and state, including my workplace in Riverside, California

Mom is the ninth of her, a widow and lives alone in her home that she has had free and clear for years. Her son has just been laid off from his job, and hours his wife was cut in half. They were already in debt, behind a credit card and recently received notice that they are serious default on car payments and repayment can occur.

Frantic, the pair discussed their options and concludes that they will soon lose their home and transport unless something is done. They see no way out.

The couple now sees the situation mom. They know home mom, even with the real estate crisis, has $ 300,000 equity. She has $ 40,000 in savings and Social Security and its small pensions are enough to pay all her modest monthly bills. They now see a way out of their collapse and devise a system to have my mother sign a financial power of attorney.

Son speaks with the mother about the need for her to sign a power of attorney so that the son can protect her property if something happens to her. He scares her in the belief that people can be out to get her, and sign the mandate will ensure that no one can win or unduly impact.

couple chooses when the mother, already suffering from the early stages of Alzheimer’s bad. Son knows that mom takes a long nap in the early afternoon, and arranges for the notary public to meet at home with my mother at this time. Son wakes mom and while she is still weak, have her sign any proxy names son as an agent. Before nightfall, my mom has already forgotten the incident

The next morning, the couple takes commissions, goes to the bank mom, and say $ 10,000 -. Just enough to come home from foreclosure, bring their credit cards and car payments current, and have a little bit of money to take a three-day Vegas trip.

Unfortunately, the couple has tasted this free money, it’s hard to stop. Son now wants to buy a boat and the wife wants a new car. The pair has not been too eager to seek new employment because all their accounts are now paid and they have extra spending cash. Soon, they went savings mom.

They return home to mom and by proxy, take out a $ 100,000 loan. They figure they used $ 50,000 to make a good down payment on a new boat, a car, and use another $ 50,000 to make mortgage payments on a house mom. You can see where this will soon lead.

If this scam is uncovered early enough, elder law attorney can help to stop the financial bleeding and create safeguards to prevent further damage to the estate mom. Especially in these difficult economic times, it is important to keep a sharp eye out to look for signs of financial abuse is committed by using mandates

By: .. George F. Dickerman, Esq

As we age, many of us are faced with issues that we have never had to deal with before. Retirement planning, estate planning, trusts, guardianship, long-term medical needs, Social Security, Medicaid and Medicare; these are just some of the issues that older adults face every day. Sometimes the information coming at you can be overwhelming and often, confusing. In circumstances like these, help a lawyer who specializes in these areas can be invaluable.

focus on the needs of older

Elder Care lawyers are lawyers who have dedicated their work to meet the specific legal needs of the elderly and their families. Not only are they familiar with the legal issues facing older, they often have a very practical insight and exposure to resources for older adults. These experts can help aging adults and their families develop legal and get their affairs in order, but they can also help customers to find organizations or services that can help them in day-to-day lives, such as home health aid nursing homes, and public or private providers older.

Specialties Elder Care Lawyers

These lawyers assist clients in many areas of law. The topics covered are so many and varied that it is not uncommon for veteran law firms have several of these attorneys on staff, each with their own specialties. This way, companies can reach all areas of elder law and meet the requirements of all its customers

Common areas of expertise include :. Estate planning, change law, trusts, guardianship, Healthcare Planning, end-of-Life Decisions, Long-Term Care, Social Security, Medicare and Medicaid, Retirement Planning and Asset Protection, taxes and insurance. Let’s take a look at some of these areas in greater depth.

• Estate Planning. Estate planning helps older plan for the allocation of assets and their estate after their death. It is not limited to rich. Anyone can benefit from the estate plan that includes things like wills and designate beneficiaries, set up trusts, gifting, dealers and genetic documentation issues. Estate planning helps ensure your assets will go to the person (s) of your choice on your death.

• Healthcare Planning. This is a broad area that are in long-term treatment decisions, directives or health assistance to Medicare and Medicaid requirements, scope and benefits. These lawyers are particularly useful in designing advance directives and powers of attorney for the elderly suffering from dementia or Alzheimer’s disease. These Lawyers can help seniors and their families develop long-term care plan for the future and help seniors manage their finances and their ability to make good decisions for themselves falters. Senior care lawyers can help you navigate the Medicaid and Medicare to ensure that you get the benefits you are entitled to.

• This Lawyers can help you set up supervision . Seniors often do this if they have adult children with special needs who need someone to be responsible for them after the parents. Children older can apply for supervision or conservatorship of their parents if a parent is unable to look after him or herself and does not have advance directive. Senior care lawyers help guide these procedures through the courts.

• Legal Representation and advocacy. Like any other legal professional, these attorneys can represent and advocate for you on many issues including insurance claims and settlements, Social Security claims, elder abuse, neglect and landlord / tenant relations or age discrimination.

Other Services

In addition to advising or representing their clients in legal matters, elder care lawyers can act in a more hands-on capacity. These attorneys are often called to act as receivers wants and trusts or to give the estate after death.

However, one of the largest service senior care lawyers is simply advisement and be a resource for both the senior and his or her family. The ultimate goal of the lawyer is to create programs and systems that ensure the highest quality of life possible for its customers.

Elder Law Lawyers assisting the elderly or disabled clients legal issues specific to their stage in life. They help navigate complex issues health care, long term care options, retirement, estate planning, and much more. While the general practice lawyer may have some knowledge of senior needs, experienced and compassionate elder law attorney is a reliable option

The following are some examples of service above law attorneys provide :.

Financial Planning and Asset Preservation

same value cash or property, you do not want to see even one penny going to the creditors of the government, or fake nursing home bills. Many people prefer to have a choice in how assets are distributed after death. A qualified law firm can help you decide on the best property preservation methods for economic and long-term goals. Some things you will be discussing are:

– avoiding the genetic documents expenses

– minimize income, estate, and gift taxes

– Protection against judgment

– Planning for long-term care costs

Wills and Trusts

Wills and trusts serve a different purpose when it comes to estate planning. Both can be useful, but you must understand the advantages and disadvantages of each. Key points include:

– A will takes effect after your death, the trust is effective upon creation.

– A will goes through probate, which means the court will oversee the process. A trust does not go through the case. Does not the court makes terms of confidence to be private but the will is a public document.

– A trust allows you to designate the properties and assets to the other for death, which can be useful in planning for illness or save on taxes.

– A desire can trigger Guardian for minor children and also include provisions for the funeral

lawyer can help you determine whether one or both documents are right for your situation

.. health and Long Term Care

No one wants to think about the possibility of becoming ill or disabled as we get older, but it’s wise to plan ahead. If you are unable to make their own medical decisions on your, you will want to have a plan in place that details your wishes for medical care. The law can vary by state, but some basic health-related devices that you may want to discuss with senior lawyers laws are:

– Health Care Proxy / Power of Attorney: This document specifies someone with legal authority to notify the medical treatment guidelines person. This is especially important if there is a possibility that family members may disagree about treatment options in dire situations

– Advance directives :. This can be a health care proxy or a completely separate document. It details the specific types of care the customer would like. Examples are the wishes of individuals resuscitation if they are in a coma or vegetative state, and instructions not resuscitate (DNO) documents

– living wills :. This document contains instructions if someone falls terminally ill or goes into a permanent vegetative state and designated when life-sustaining treatment should be discontinued. It is different from a health care proxy, to create well takes effect only when a person is completely incapacitated.

These are only some of the many emotional and challenging areas of senior law Lawyers can guide you through. Having plans in place for over a year your means you can have peace of mind that your wishes will be honored.

What is the dissolution of marriage?

The Supreme Court certified family law mediator and experienced expert on children of divorce, I’ve found it has become more and more common where couples are trying to file papers outside the court. According to new figures from the Palm Beach County Clerks office, it has never been a time when so many couples were filing papers for their divorce and make paperwork without using lawyers.

A dissolution of marriage is a term that simply means you are looking for not opponents solution to dissolve the marriage through a legal proceeding that ends the marriage. It avoids conflict, is usually much quicker, cheaper and parties are relatively more confident about the final outcome of the divorce through litigation. Marriage laws in Florida make this process even more unique.

Marriage Act in Florida

Florida is a no-fault state when it comes to the dissolution of marriage. Therefore, in order to register for action, neither party in divorce now has to prove any wrongdoing on the part of the body. The only item that needs to be proven is that your marriage is at hand, and that both parties agree that the marriage has suffered irreparable to the point where neither party can co-exist within the EU anymore. The issue of “fault” would only be raised in Florida dissolution of marriage if there is a need to determine alimony or child visitation.

What makes the dissolution of marriage in Florida even more unique is that marriage laws in Florida under the approved 61 state that if you live in the State of Florida, have children and a prayer for action to dissolve the marriage, the law set out of the Florida Legislature, you have to attend mediation with or without a lawyer.

Benefits of Marriage Dissolution through the media

Since it is true that under Florida approved 61 that disclosure is necessary with or without a lawyer, it would be a parting interest of the couple’s financial to make all best efforts to settle the terms of their divorce within mediation session. This would thus avoid the added expense of hiring separate attorneys and go through an expensive courtroom proceedings. Family divorce mediation is a process that allows couples to file their own paperwork for marriage dissolution through counseling in a neutral unbiased, third-party family mediator. Many people have found this method easier, less stressful and more security-focused to deal with the difficult issues of divorce.

If you are looking for a dissolution of marriage in Florida, you should consider seeking the advice of a certified family law mediator who can guide you through the process and properly advise you about marriage law in Florida management rules. Mediation has helped many people get a fresh new start and continue with their lives.

What is the dissolution of marriage?

The Supreme Court certified family law mediator and experienced expert on children of divorce, I’ve found it has become more and more common where couples are trying to file papers outside the court. According to new figures from the Palm Beach County Clerks office, it has never been a time when so many couples were filing papers for their divorce and make paperwork without using lawyers.

A dissolution of marriage is a term that simply means you are looking for not opponents solution to dissolve the marriage through a legal proceeding that ends the marriage. It avoids conflict, is usually much quicker, cheaper and parties are relatively more confident about the final outcome of the divorce through litigation. Marriage laws in Florida make this process even more unique.

Marriage Act in Florida

Florida is a no-fault state when it comes to the dissolution of marriage. Therefore, in order to register for action, neither party in divorce now has to prove any wrongdoing on the part of the body. The only item that needs to be proven is that your marriage is at hand, and that both parties agree that the marriage has suffered irreparable to the point where neither party can co-exist within the EU anymore. The issue of “fault” would only be raised in Florida dissolution of marriage if there is a need to determine alimony or child visitation.

What makes the dissolution of marriage in Florida even more unique is that marriage laws in Florida under the approved 61 state that if you live in the State of Florida, have children and a prayer for action to dissolve the marriage, the law set out of the Florida Legislature, you have to attend mediation with or without a lawyer.

Benefits of Marriage Dissolution through the media

Since it is true that under Florida approved 61 that disclosure is necessary with or without a lawyer, it would be a parting interest of the couple’s financial to make all best efforts to settle the terms of their divorce within mediation session. This would thus avoid the added expense of hiring separate attorneys and go through an expensive courtroom proceedings. Family divorce mediation is a process that allows couples to file their own paperwork for marriage dissolution through counseling in a neutral unbiased, third-party family mediator. Many people have found this method easier, less stressful and more security-focused to deal with the difficult issues of divorce.

If you are looking for a dissolution of marriage in Florida, you should consider seeking the advice of a certified family law mediator who can guide you through the process and properly advise you about marriage law in Florida management rules. Mediation has helped many people get a fresh new start and continue with their lives.