How Family Lawyers In Sydney Can Help Relieve The Financial Burden

Family figure and a gavel

The financial component is never far from the equation when family lawyers in Sydney are talked about in private circles.

Operators in this field offer an essential service to represent the interests of citizens facing divorce settlements, abuse charges, property disputes, child custody fights, alimony payments and beyond.

While their assistance rarely comes cheap, they do enact policies and approaches that relieves the burden on the individual.

Provide an Initial Consultation Free Upfront

One of the strategies that family lawyers in Sydney can use upfront is ensuring that clients are given a chance to receive counsel on day one without having to pay for the privilege. One of the common approaches from brands in this setting is to extend this policy to men and women who might feel somewhat apprehensive about working with solicitors in this field. By opening their doors from the outset, they will be able to gauge some important facts about the case in a private setting before deciding if their service is right for them.

Offer Package Transparency

There will be different policies in play when it comes to the nature of the billing process with family lawyers in Sydney. Some will have flat fees, others will use hourly rates, and then there will be programs where retainer agreements are on display or provisions where the representative receives a percentage of a settlement outcome. In order to relieve the financial burden, it is important that these measures are put on the table from the outset to remove any doubt or confusion about the fee structure.

Facilitate Positive Dialogue With Other Spouse

A common issue will emerge for men and women who feel as though their investment in family lawyers in Sydney is too extensive for their budget – the back and forth dialogue with the other spouse. If solicitors are on hand for these talks and billing their members, then citizens can feel like they are being exposed. To make progress with the case and to reduce the financial pressure for the individual, they will lay the groundwork for positive discussions without the need to pay extra fees for the privilege.

Reducing Reliance on Courtroom Appointments

family lawyer in Sydney meeting a client

It costs money for clients to attend court in the city. Family lawyers in Sydney will advise their constituents of this very fact. If the case does look as though it is deadlocked and an agreement cannot be reached, the representative will likely recommend a continued path with dispute resolution and mediation to reach an outcome that does not involve a courtroom.

Expediting The Lifespan of The Case

The sooner that Sydney members are not dealing with solicitors, mediation centres and courtrooms, the sooner they can stop paying for the case. This is where trusted operators will do everything in their power to expedite the matter and look for quick solutions, helping those people who are not only battling on the money front but with their mental and emotional wellbeing. If there is a way to reach an agreement out of court, that will be explored.

Allowing for Payment Flexibility

Although family lawyers in Sydney will work within the constraints of their firm and set out official financial packages and policies, there can be scope to allow for payment flexibility. Perhaps a plan is put into place on a month-by-month or week-by-week basis where some interest can be accrued. If there is room to maneuver to alleviate those short-term pressures, that is an avenue that could be exhausted for the sake of the client’s best interests.

Retaining Valuable Possessions for Client

Family lawyers in Sydney understand that the price of doing business with these representatives will pale into comparison for the types of assets that are on the table in these situations. From properties and vehicles to business stocks and portfolio investments, these materials will deliver intrinsic value moving forward. With their counsel on hand during this matter, participants will give themselves the best chance of retaining them outright or at least enjoying a share of the dividends given the nature of the relationship.

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What You Need To Know About Prenup Agreements

gavel

Depending on how you choose to look at it, prenup agreements can either be a smart way to ensure that everyone in a relationship is properly protected, or a way to show bad faith in a relationship and a sticking point that flies in the face of romance.

Understandably, the concept of thinking about the end of your marriage before you’ve even started it can seem unromantic and problematic for many but it can also be prudent. The truth is that a lot of marriages end in divorce and prenup agreements can make that process much less messy. Despite the fact that they can simplify the divorce process, only a small percentage of Australians actually bother to get prenup agreements. Many Sydney family lawyers would agree that couples should take prenup agreements more seriously. Nowadays people are marrying much later in life and so they often come into their marriages with existing assets which they may lose during divorce proceedings. So, here are a few things you should know below so you can make a considered decision.

 

What are prenup agreements?

A prenuptial contract is basically a legally binding contract between two partners or spouses which details how their assets should be divided should their relationship come to an end. In Australia, they are known as ‘binding financial agreements’. They are usually put in place at the beginning of marriage but can also be made during a marriage or after a separation. They’re also not just for married couples and can be used by de facto partners as well. Without a BFA in place, assets and finances will usually be settled on in Family Court. A BFA can override the court process and give couples much more power and control over the way their assets are divided in the event of a relationship breakdown.

 

What’s involved?

Generally, a BFA will be made between two parties who are about to be married or are already married. Prenup agreements usually involve partners come to mutual decisions about how they would like their assets to be divided but can also be related to other issues such as spousal maintenance. Most couples will usually need to consult with lawyers independently to make sure that their interests are properly protected. It’s possible to allow for conditional changes that often happen over time in a marriage like the birth of a child.

 

How do they work?

Prenup Agreement

For a prenuptial arrangement to become legally binding they must be set up properly. The first thing to remember is that both people must agree to it and sign it without being put under duress. Additionally, both people must be aware of all the potential benefits or disadvantages of making the contract. It’s possible for them to be invalidated if they are not properly understood. In the past, the courts have overturned them because they were not properly administered.

 

What are the pros and cons?

Coming to an agreement can help couples to achieve clarity and peace of mind going into a marriage. It ensures that everyone feels protected and that everyone involved has more control over the outcome in the event that the relationship comes to an end. Having a BFA in place can simply divorce proceedings and save people a considerable amount of time and money at the end of a relationship because everything is agreed upon already. The downside is that the terms don’t have to be favorable to both parties, so it’s possible for someone to get a bad deal. It could also offend your partner if they are not on board with the idea.

 

 

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What Does An Executor Of A Will In NSW Do?

executor of will in NSW looking through some papers

An executor of a will in NSW is responsible for ensuring that the wishes and directions of a deceased person are properly carried out after their death. The role of an executor of a will in NSW involves them ensuring that any debts are paid off after the deceased death and ensuring that property and assets are correctly distributed according to the wishes of the deceased. They are also responsible for ensuring that any funeral arrangements are correctly carried out.

The main duties of an executor of a will in NSW also involve them notifying any beneficiaries named by the deceased and taking steps to ensure that all business interests are cared for and that income and investments are properly cared for. They must also set about collecting valuables and assets and insuring all property.

The executor of a will in NSW is also responsible for valuing the deceased estate which means creating a list of all the assets in the estate which can include cash, business interests, personal items, securities, real estate, and property and must also take into consideration debts owed.

They must also complete income tax returns from the deceased and get the authority they need to administer the estate which involves applying for probate. If it was the wish of the deceased the executor of a will in NSW is also tasked with establishing trusts and preparing statements for the beneficiaries involved.

Below are a few other important things you should know.

 

Is there a time limit for an executor of a will in NSW to complete their duties?

Generally, a year is seen as a standard amount of time for administration of the wishes of the deceased although it can be longer for particularly complicated estates.

 

What if someone doesn’t want to do it?

If you were named as an executor of a will in NSW but don’t want to accept the responsibilities then you can apply to the court to appoint someone else as an administrator but it’s worth noting that this is binding and cannot be changed later.

 

Will you be paid?

It is possible to be paid if it is stated in the will but if it isn’t then the role is unpaid. It is however possible to make money from the estate for necessary expenses and to seek professional advice from people like valuers and lawyers.

 

What’s the first thing to do after someone passes away?

After a person dies it’s important to first find the will and locate any other important papers. Sometimes this can be found in the deceased home or sometimes it is with the lawyer or a trustee. It is then important that they familiarise themselves with the contents of the documents and start to make lists of the estate. It’s very important that assets and personal effects as well as accounts and financial interests are quickly identified and taken care of because it is possible for people to get into legal trouble if the estate is mismanaged.

 

What happens next?

The next order of business is to work with a funeral director to make any necessary arrangements, sometimes these will have been repaid or prearranged. Once the funeral has been managed, the discussion should be started with any possible beneficiaries, items, and personal effects that should be collected and kept safe to ensure that no theft takes place.

Getting a grant of probate is an important step and involves making an application to the court, it can be disputed if the validity of the will is in question, this can make the process much longer whilst the court tries to rule on whether probate should be granted.

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