James Noble Law - The James Noble Family Law near Brisbane James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation. All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimizing conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer. During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...
Electronic Signatures in Australia In today’s society, most documents used in day-to-day business can now be filled out and signed electronically. The Electronic Transactions (Queensland) Act 2001 (ETA) is the legislation that governs the permitted use of electronic signatures. Although the ETA does not include a comprehensive definition of what constitutes an ‘electronic signature, this term usually encompasses images displaying the person's signature, typed name, or some other form of identification. The courts have previously held that a name, either...
The term lifestyle clause has grown in popularity over recent years. It’s something that is trending with first-time newlyweds; as well as those who have walked down the aisle before. So what is a “lifestyle clause”? It’s about locking in a variety of terms and conditions before the big day in an attempt to avoid misunderstandings and conflict of interest down the track. These clauses are often added as addendums in a prenuptial agreement and are in addition to things...
Recovery, Respect, and Hope Offered by Traditional Court Alternative by Brisbane Family Lawyer A successful initiative in the Brisbane Magistrates Court is assisting drug-addicted parents to get their lives back on track and resume their role in their children’s lives by Brisbane family lawyers. The Dandenong Drug Court, recently featured in television and print media, was introduced in response to the failure of the traditional criminal justice system to adequately address drug-associated offenses. Drug Courts are in operation in Victoria,...
The YES Vote Wins! So where to from here, and what does it mean for same sex rights? It was an awesome sight to see how Australia stood still to hear the news that, we the people, voted in the majority to legally allow same sex couples to marry. The emotion and expression from so many who have been waiting for this day for so long were touching (even for us seasoned Family Lawyers). This is a truly progressive and...
Divorce property settlement examples Hang on. If you are in a relationship, does your partner have an interest? Unfortunately, the winning may not all be yours. How would be the Family Court view on "Divorce property settlement examples" for a gold lotto prize? A windfall can either be a sizable inheritance or a lotto win. In the eyes of the Family Court, an inheritance is treated differently to a lotto win. The Family Court has great difficulty in distinguishing...
Family Law Act amendments from Federal Government The Family Law Act amendments occurred in 2002 to deal with superannuation. It gave power to the Court to deal with superannuation entitlements. The amendments allowed the Court to transfer entitlements in the fund of one of the parties to the other. The person receiving the benefit of the entitlement in the other party’s fund would keep that entitlement in the fund or roll the entitlement out into a fund of that party’s...
If the marriage separation process does occur. What should you do? A marriage separation process has three elements; Either party or both intend to end the relationship; Either party indicates that intention to the other party and; One of the parties or both parties act upon that intention to end the relationship and lead separate lives There are important things that you should consider if marriage separation is inevitable. If there are difficulties in your relationship look for a solution....
Spousal maintenance Similar to child maintenance applications, a party can apply for spousal maintenance in the Court seeking financial support until all issues in the Court have been resolved. A spousal maintenance application can be made in its own right. It is not necessary to seek other financial relief from the other party. The Courts consider the income levels of both parties and the expenditure of each party for their day-to-day living and other expenses. If a person does not...
How Do You Respond To A Legal Letter? If you have ever had a person serve you Court documents at your home or in public or you have ever had a legal letter sent to you out of the blue you know it can be an unnerving experience. Very often it catches you by surprise and elicits feelings of surprise, anger, disbelief, and often leads to a stressful time ahead. How do you respond to a legal letter? How To...
Understanding; Why should I get a top family lawyer? I wanted to write to you in the summary of the past 6 months, in the hope that it entertains and inspires other clients of yours. Please feel free to post this on your blog or social media channels. I am a 41-year-old male and proud father of one amazing little boy. I am now living with my new partner – happily ever after! Life has just started to settle down...