Rockhampton Lawyers

Property division in a divorce in Queensland follows a four-step process established by case law and the Family Law Act 1975. First, all assets and liabilities of both parties are identified and valued, regardless of whose name they’re in or when they were acquired. This includes superannuation. Second, the court considers the contributions of each party, both financial and non-financial. This includes direct contributions like wages and indirect contributions like homemaking and child-rearing. Third, the court assesses the future needs of each party, considering factors such as age, health, earning capacity, care of children, and financial resources. Finally, the court ensures the overall division is just and equitable in light of all circumstances. It’s important to note that there’s no automatic 50-50 split. Each case is assessed on its individual merits. Parties are encouraged to reach an agreement themselves, which can then be formalized through consent orders or a binding financial agreement. If an agreement can’t be reached, the matter may proceed to court for a judge to decide.  Talk to our Rockhampton Lawyers or Brisbane Lawyers today.

The process of buying property in Queensland typically involves several steps. First, you need to find a property you’re interested in and arrange inspections. Once you’ve decided on a property, you make an offer to the seller or their agent. If accepted, you’ll sign a contract of sale and pay a deposit, usually 10% of the purchase price. In Queensland, most residential contracts have a five-day cooling-off period during which you can cancel the contract for any reason, although a termination penalty may apply. During this time, it’s crucial to arrange finance if required and conduct necessary searches and inspections. These might include building and pest inspections, title searches, and checks for any encumbrances on the property. You should also engage a solicitor to review the contract and handle the conveyancing process. They will liaise with the seller’s solicitor and your bank to arrange settlement. On settlement day, the balance of the purchase price is paid, and ownership of the property is transferred to you. The entire process usually takes 30 to 60 days from signing the contract to settlement, but this can vary. It’s important to note that in Queensland, the contract becomes binding once both parties have signed, unlike some other states where exchange of contracts marks this point. Talk to our Rockhampton Lawyers or Brisbane Lawyers today.

A caveat is a formal notice lodged on a property’s title that alerts others to a legal claim or interest in the property. In Queensland, it’s lodged with the Titles Registry. The word ‘caveat’ comes from Latin, meaning ‘let him beware,’ and it effectively warns potential buyers or lenders that someone other than the registered owner has an interest in the property. You might lodge a caveat if you have a legitimate interest in the property that isn’t recorded on the title. Common reasons include having an unregistered mortgage, an agreement to purchase the property, or a right granted by the owner to lodge a caveat. It’s important to note that you must have a genuine claim to a legal or equitable interest in the land to lodge a caveat. Lodging a caveat without reasonable cause can result in penalties. A caveat prevents the registration of further dealings on the title, such as a transfer or mortgage, without your consent. However, it doesn’t prevent the sale of the property; it just ensures you’re notified of any attempts to deal with the property. Caveats can be powerful tools but should be used carefully. They expire after three months unless the caveator takes further action, such as starting legal proceedings to support their claim. If you’re considering lodging a caveat, it’s advisable to seek legal advice to ensure you have proper grounds and to understand the potential consequences. Talk to our Rockhampton Lawyers or Brisbane Lawyers today.

Dying without a valid will in Queensland is known as dying ‘intestate.’ In this situation, your estate will be distributed according to the rules of intestacy set out in the Succession Act 1981 (Qld). These rules provide a fixed formula for distribution that may not align with your wishes or family situation. Generally, your estate will be distributed to your closest living relatives in a specific order. If you have a spouse (including a de facto partner) and children, they will share the estate. If you have no children, your spouse will receive the entire estate. If you have no spouse, your estate will go to your children. If you have neither spouse nor children, the estate goes to parents, then siblings, then grandparents, then aunts and uncles. If no relatives can be found, the estate goes to the state. It’s important to note that these rules don’t take into account the nature of your relationships or any wishes you may have expressed informally. They also don’t consider step-children unless they’ve been legally adopted. Additionally, dying intestate can lead to delays and increased costs in administering your estate, and may cause conflict among family members. For these reasons, it’s highly advisable to have a valid, up-to-date will that clearly expresses your wishes for the distribution of your estate.  Talk to our Rockhampton Lawyers or Brisbane Lawyers today.

In Queensland, certain eligible persons can contest a will under the Succession Act 1981 (Qld) if they believe they have not been adequately provided for. This is known as making a family provision application. Eligible persons include spouses (including de facto and same-sex partners), children (including step-children and adopted children), and dependents. A dependent is someone who was wholly or substantially maintained by the deceased at the time of death. The application must be made within 9 months of the death, although the court may grant extensions in certain circumstances. When considering a family provision application, the court will take into account various factors, including the applicant’s financial position and needs, the size of the estate, the deceased’s relationship with the applicant, and any moral obligation the deceased may have had to provide for the applicant. The court will also consider the needs of other beneficiaries. It’s important to note that contesting a will doesn’t necessarily mean challenging its validity. Instead, it’s asking the court to alter the distribution of the estate to make better provision for the applicant. If you’re considering contesting a will, it’s advisable to seek legal advice from our Rockhampton Lawyers or Brisbane Lawyers promptly, as there are strict time limits and the process can be complex. Similarly, if you’re an executor faced with a contested will, legal advice is crucial to understand your obligations and rights. Talk to our Rockhampton Lawyers or Brisbane Lawyers today.