What is Spousal Maintenance And Do I Need to Think About It?

Boe Lawyers
Spousal Maintenance

If you’re going through or thinking about going through a divorce or de facto relationship break up then you need to make sure that you’re aware of spousal maintenance. In some cases, one partner may have to pay spousal maintenance to their ex, even after the separation is finalized.

If you’re not sure what spousal maintenance is and why you need to be aware of it then you should speak to your local family lawyers for more information. This article will give you a brief overview, but shouldn’t be taken as professional information.

What is spousal maintenance?

If a couple’s separation leads to a situation where one one party can’t support themselves financially then the other party may be required to pay some form of spousal maintenance.

Situations like this usually arise when only one partner in the couple worked while they were together – for example, where one partner worked and the other looked after children.

Spousal maintenance comes in two forms: lump sum payments and regular periodic payments. You may be told to pay either, depending on your situation.

It’s also important to note that spousal maintenance and child support are two different things and that both can have to be paid.

When am I entitled to spousal maintenance?

It can be difficult to prove that you should be getting spousal maintenance. Generally, your claims will only be approved if you can genuinely prove that you can’t support yourself with your current income or savings, even though you’re trying.

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4 Important Things To Think About When Making Your First Will

Boe Lawyers
Making Your First Will

Creating a new will can be difficult, especially if it’s your first. There are a lot of things to think about, and a lot of important legal considerations to take into account.

Ultimately, it’s usually a good idea to speak with a lawyer about your will before signing it, especially if you have a lot of assets or a complicated estate.

However, there are a few things you should keep in mind when you’re writing your first will. Four important things to think about include:

  1. Understand That You Can Write Your Own Will

Although it’s recommended to speak with your lawyers when you’re creating your first will, it’s actually perfectly acceptable to do it yourself. If you do decide to write your own will then you should probably use a will kit, but it’s actually even possible to write one from scratch if you want to.

Once again, if you decide to go down this road, you need to make sure that you include all of the relevant information. Failing to do so could result in your will not being legally binding when you pass away.

  1. Make Sure You Include Enough Information

It’s very important to make sure that you include as much information as you can in your will. Doing this will keep things simple for your family and friends when you pass, because they won’t have to deal with assets not included in your will or brushed over without enough details.

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Parenting and Divorce – 5 Things You Need To Be Aware Of

Boe Lawyers
Parenting and Divorce

Divorce can be an extremely difficult thing to go through, especially if you have children with the partner that you’re separating from. A decent family lawyer can help you deal with the legal side of your divorce, but it’s important to make sure that you’re familiar with the things that you have to do.

With this in mind, we’ve put together a short list some of the most important things that you need to be aware of if you’re a parent going through a divorce. They include:

  1. Be aware of your kids and what they’re going through

Divorce isn’t only hard for you and your soon to be ex partner. Your children will probably suffer as well. They might be anxious, stressed out and worried about what’s going to happen to them – particularly if they aren’t old enough to really understand what’s happening.

You can make things easy for your kids by thinking of their needs at all times. Try not to argue around them, and if possible, try and come to a mutual agreement with your former partner about things like rules and co-parenting.  

  1. Consider custody agreements

If you and your former partner really don’t get on well, or if you’re separating because of an abusive relationship, you should consider fighting for custody of your children. By doing this you can make sure that they’re going to grow up in a loving home.

If you do decide to go down this path then you should definitely employ the services of a professional family lawyer. Family lawyers will be able to advise you on the best course of action while helping you build your custody case.

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Do I Have The Right To Remain Silent When Questioned By Police?

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Questioned By Police

Australian citizens and foreigners visiting Australia have a lot of rights when it comes to police questioning. Essentially, you don’t usually have to answer any questions, especially if you don’t have a lawyer present.

If you have been or know that you’re going to be questioned by police, then you should speak to an experienced criminal lawyer as soon as possible. Doing this will allow you to build a defence against any charges which could be brought against you, and getting ahead of the ball like this will minimise your chances of legal penalties.

Similarly, if you’ve been questioned in a way that you don’t think was legal, you should also speak to your lawyer. In cases like this, any answers you provided may not be admissible in court.

When Do I Have The Right To Remain Silent In Australia?

Put simply, the right to remain silent when you are arrested by the police is a fundamental part of the Australian legal system. You don’t actually have to say anything to the police, no matter how intensely they question you.

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