COURT-ORDERED DRUG TEST FOR THE CHILD CUSTODY CASE

 

Drug addiction is always harmful. It is not wise to take drugs, and when it comes to parenting a good parent will never do such a thing. But in the past few years, there has been a rise in cases. Where parents are hurting children after consuming drugs. If you go through a drug and the test is positive your chances of meeting the child are reduced. Also, you will not be the guardian after a positive hair or drug test.

Why does the court order a drug test?

There are two possible reasons for a hair follicle drug test. The first reason is that the non-custodial party requests the court for a drug test. The court can order the test according to the circumstances.

The other reason is the court can order the test on their own for the safety of the child. After the reports, the court can decide who will get custody.

When it comes to child custody the court decides according to the child’s best interest standard. The court will consider the age of the child. Also, it considers the financial situation of each parent before granting custody.

The drug test is one of the key factors that help the court in giving custody to any of the parents. For instance, if one of the parents is drug-addicted and the other is not. In this scenario, the court will give custody to the parent who can offer a better life for the child.

The hair follicle drug test usually includes:

Urine sample to test for different drugs

• A tube of spit
• A hair sample
• A test to examine the nails

The court may also take your drug test on the same day as your hearing to check if you are lying or not about the use of drugs.

The main reasons for drug test:

A court can also order drug tests if there is evidence or a witness that one of the parties consumes drugs. Also, if there are any drug-related activities or drug habits. It is often true when one of the parties states that the other party is a drug user. If one accuses the other of being a drug addict the court can order a drug test for both parties. 

Furthermore, even legal drugs can get you in trouble. If one of the parties is using them. And the child has easy access to drugs then the court may reconsider their decision of child custody.

What if you refuse to take the drug test?

If a party gets a positive drug report they will not get the child. If a party does not have custody of the child they can still visit the child.

It is not good to deny the court’s order. Even if you do then you may lose all the parental rights. The court can also send you to jail.

What happens if I have a positive report?

If the reports are not in your favor then you will not get child custody. As the court wants to give the best environment to children. But the court will reduce your parental rights. You will have permission to visit the child only.

The court decides according to the current situation. You can change it in the future by giving a medical test to prove that you are no longer taking drugs.

These cases can get worse if both parents are victims of drugs. In this scenario, the court will take custody of the child from both parents. A third party will take care of the child until one of the parents becomes responsible.

There are three major tests involved in drug testing. The tests are a hair follicle test, urine analysis, and alcohol test. Let’s know a little about them.

Hair Follicle Drug Test

Hair follicle test:

A parent can go under this test if they are accused of using drugs before. This process starts with taking a hair sample from the head of the person. This process informs the pattern of drug use. This test can get the data for the last three months. It can detect different types of drugs. There is a hair follicle testing cost, which is paid by the person who is being tested or the parties can also share it.

Urine analysis:

The court can order for a party to undergo a urine analysis. The court may order it regularly or at random times.

This test is cheaper than the hair follicle test. Also, it is not that effective. Some drugs remain in the human body for a while which makes this test impractical.

Alcohol test:

If there is an accusation of alcohol consumption the court orders to take a blood test to check the liver. The high damage to the liver will show that the person has used an excessive amount of alcohol. The court can also order EtG testing. The test starts by taking a blood sample. This test can state the consumption of alcohol about five days before the sample is taken.

The accused party may also go through hair follicle testing for alcohol abuse. It used to check if a person had used alcohol over a certain time. This method is the most efficient to test alcohol consumption.

Conclusion:

It is never good to be a drug addict or to consume too much alcohol. You will not be healthy if you have this bad habit. Also, a good parent does not want his children to adopt a bad habit. So, try not to get addicted, or else you can lose your child.

As mentioned above there different tests for detecting drug consumption. You will have to take these tests no matter in which state you live in. you will have to go through DNA testing in Brisbane or the court can ask you to take a drug test in Brisbane. It applies the same for all other states.

Frequently asked questions:

What is the difference between a hair drug test and a hair follicle drug test?

In general, there is no difference in these tests. Actually, the hair follicle is the pocket below the scalp from where the hairs grow. In a drug test, the hair is taken from the nearest point to the scalp. During the test, only the strands of hair are tested but not the actual hair follicle.

How much hair is needed for a hair follicle drug test?

Usually, only 100 milligrams of hair is needed for the test.

How much does hair follicle testing cost in Melbourne?

There are different laboratories in Australia which are conducting hair follicle tests. This test is expensive, it usually costs 1000 dollars per test.

What do they look for in a urine drug test?

In a standard 10-panel test they look for PCP, amphetamines, opiates, cocaine, methadone, and some other drugs. There is another test for urine that is a 5-panel test. This test only looks for PCP, cocaine, marijuana, opiates, and amphetamines. The 5-panel test is the most requested test.

What happens if a parent gets a positive drug test?

If a parent fails the test the court will not give custody to this parent. That parent will have fewer parenting rights. But still, he or she will have the right to visit the child. The parent can also change this order by proving to the court that he or she is no longer taking drugs.

Article Source: COURT-ORDERED DRUG TEST FOR THE CHILD CUSTODY CASE

COVID-19 Latest Changes in Australian Immigration 2020 | Migration Law

  

In the wake of COVID-19, the following aims to provide some updates in relation to various Immigration matters in Australia 2020. Please, ensure to contact our Brisbane, Gold Coast, Sunshine Coast office for the latest changes in Australian immigration 2020 to stay current.

Citizenship ceremonies

The Department of Home Affairs (Immigration and Citizenship) is delivering online citizenship ceremonies via secure video-link for those applicants who have already been approved to become Australian citizens.

It is important to note that, in general, those who have had their citizenship approved have 12 months from their notice of approval to attend a ceremony and make the pledge of commitment. That said, due to COVID-19, citizenship approval will not be canceled if an approved individual cannot attend a ceremony within this 12 months period.

New applications for citizenship

New applications for Australian citizenship are being accepted by the Department and the processing continues on all applications for Australian citizenship that have already been lodged with the Department.

The Department advises that those eligible individuals who have applied for citizenship will be contacted to attend a citizenship appointment or test. The in-person citizenship appointments and tests in regional locations are currently on hold and resumption of these services will be announced as information becomes available. Currently, in-person citizenship appointments are available at the Department’s offices in Adelaide, Brisbane, Canberra, Parramatta, Perth, and Sydney.

Travel restrictions

Currently, Australia has border restrictions in place and very limited flights are available to and from Australia. Before you decide on your travel to or from Australia, please check if you could do so. There are only limited exemptions available allowing people to come or depart from Australia. Some of these are as follows:

Coming to Australia

Unless you are an Australian citizen, permanent resident, or New Zealand citizen usually residing in Australia or an individual eligible to meet the exemption list, you cannot travel to Australia. It is important to note that all travelers arriving in Australia, including Australian citizens, must quarantine for 14 days at a destination facility and they may be required to pay for the costs of their quarantine.

What documentation is required to show ordinary residency in Australia and where to present these?

The evidence of valid Australian residency must be provided at the check-in point at the airport. The documentation may include Australian Government-issued documents such as your Medicare card or driver’s license. However, these must be supplemented by a secondary document such as a current employment record or evidence of owning or renting a property in Australia. These will be verified against your travel history before you are allowed to board the flight. You are advised to check in advance whether your condition falls within the residency status as defined by the Department.

Exemption categories for people who intend to come to Australia

• An Australian citizen;
• A permanent resident of Australia;
• An immediate family member of an Australian citizen or permanent resident;
• A New Zealand citizen usually resident in Australia and their immediate family members;
• A diplomat accredited to Australia (holding a subclass 995 visa);
• A traveler transiting Australia for 72 hours or less;
• Airline crew;
• The maritime crew including marine pilots; and
• Persons recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme

Other exemption categories for people who intend to come to Australia

Upon an application being lodged, the Commissioner of the Australian Border Force may grant an individual exemption if the individual is:

• A non-citizen traveling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response;
• Providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies;
• A non-citizen with critical skills or working in a critical sector in Australia;
• A non-citizen whose entry would otherwise be in the national interest, supported by the Australian Government or a state or territory government authority; and
• Military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces, and Status of Armed Forces Agreement
• Traveling for compassionate and compelling reasons.

How to apply for an exemption

To complete a travel exemption request you should already hold a visa and you should provide information and documents to support your request. Requests may be finalised without further consideration if insufficient evidence is provided. This may include the following:

• Proof of identity;
• Evidence that you hold a valid visa;
• Travel itinerary;
• Marriage, birth, death certificate/s;
• Proof of relationship or residence (such as a shared tenancy agreement, joint bank account, etc.);
• Letter from a doctor or hospital, indicating why travel is necessary;
• Letter from an employer indicating why travel is necessary;
• Supporting letter from a business or government agency, advising why your skills are critical; and
• The statutory declaration to support your claims.

You need to apply for an exemption at least two weeks, but not more than three months, before your planned travel.

Talk to us if you need our assistance in order to lodge a travel exemption request. We will provide you with premier immigration advice and services. Only a registered migration agent can legally provide advice on the latest changes in Australian immigration 2020.

Article Source: Migration Law

Aylward Game Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

 

Aylward Game Family Law Brisbane specialise in Mediation and Family Dispute Resolution.

A service to help separating families resolve their family law disputes. The Family Dispute Resolution Service offered by Aylward Game Solicitors Incorporating James Noble Family Law includes family law education, legal information, family counselling, dispute resolution, family conciliation and group work to help couples who are separating to resolve their family law disputes. These disputes may include conflicts over child care, child support, financial arrangements and property settlement.

Traditional Family Law Mediation or Mediation Without Lawyers. We have options to help you reach a resolution without high legal costs

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner resolve any disagreements. This can be for division of property, child support, parenting issues or spousal maintenance. Mediators do not give legal advice. They assist the parties to negotiate an agreement that is fair. Family Law offers a mediation service.

Family Dispute Resolution endeavors to help separating couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are typically used to assist in this process.

Collaborative Practice – the new alternative to litigation

Collaborative practice is a popular dispute resolution method developed in the United States in the early 1990s. It has gained rapid popularity in the United States, the United Kingdom, and Canada. Now Collaborative practice is available to help people in Australia.

Benefits of Collaborative Practice

• You have the benefit of being advised and supported by your lawyer at all times.
• The outcomes are generally faster than traditional negotiation methods and most certainly quicker than court outcomes.
• The outcomes are certain and long-lasting because they are owned by you as you assisted in creating the outcomes.
• The process promotes co-operation in the future, particularly where long-term investments are involved.
• Resolutions are reached in a dignified and respectful way.
• The outcomes are often tailor-made and more creative providing fairer settlements. 

The collaborative practice may be suitable for you and your partner if both of you:

• Wish to spare your children from the emotional damage litigation can cause.
• Accept personal responsibility in moving forward and reaching an agreement.
• Believe it is important to create healthy and more holistic solutions for your future.
• Understand and embrace the necessity to make full and frank disclosure about financial issues.

The collaborative practice may not be suitable for you and your partner if either of you:

• Have a primary aim to seek revenge against your former spouse or partner.
• Are looking for a “soft option”.
• Believe the procedure will pressure your spouse or partner to agree to your wishes.
• Want to avoid giving certain financial information to your spouse or partner.
• Where your relationship has experienced domestic violence or any form of abuse. If this is the case, the lawyers will first have to determine whether Collaborative practice is appropriate. It may be that other professionals are required to be involved to assist and support you through the process and to ensure that your interests are promoted and protected.

Make your own decisions 

The Collaborative approach will enable you and your partner to resolve your issues respectfully so that you can arrive at dignified solutions to your dispute with your partner and maintain a sound relationship with each other in the future, especially if long-term financial interests are involved. In the Collaborative practice process, the emphasis is placed on reaching an agreement, rather than having to ‘battle it out in Court’. 

Commitment to the non-confrontational dispute resolution 

In the Collaborative practice, you will be asked to sign a Participation Agreement so that you demonstrate your commitment to resolving your differences with your partner in a respectful manner, with full and frank disclosure of information, and with a minimum of conflict. Open communication will build an environment of trust. This trust will help you, your partner, and both of your lawyers to work together in finding workable solutions to your dispute.

In Collaborative practice, you and your partner and your lawyers will work together to share information and to arrive at solutions through a series of meetings. Your lawyer will never negotiate deals without your active participation. A major benefit of Collaborative practice is that you and your partner can each contribute to the compromised agreements that you make together, instead of having to settle with a decision imposed upon you by the Court.

Total ‘out-of-Court’ settlement with Collaborative practice 

At the commencement of the collaborative process, all parties and their lawyers will enter into a Participation Agreement. Pursuant to the terms of the Participation Agreement the parties agree that they will not litigate their matter in the Family Court. This means that if either you or your partner decides to commence proceedings in Court and continue with such proceedings during the collaborative process, your collaborative lawyer will not be able to represent you in the collaborative process they will only be able to refer you to another trusted practitioner to handle your Court case.

How does it all work?

Collaborative practice is different from going to Court. You will be in a room with your lawyer as well as your partner and their lawyer. Both lawyers will be properly trained in the collaborative approach. We all work together towards the common goal of resolving the dispute between you and your partner, with emphasis on retaining your dignity and best interests.

You will have your collaborative lawyer advising and assisting you throughout the negotiations. The playing field will be more even between you and your partner because you and your partner will have your respective lawyers to support you, as well as other professionals if necessary and with your consent.

The integrated approach of Collaborative practice

Collaborative lawyers often work with other professionals, such as accountants, financial planners, valuers, counselors, and mental health professionals, who are trained in the collaborative approach. These people will work together with your collaborative lawyers with your consent with a focus on developing an overall dispute resolution package that will provide both you and your partner with security and direction.

Overview of Mediation

Mediation is a voluntary process, but the Family Court may order that you and your partner participate in mediation, depending on your circumstances. Only you, your partner, and the Mediator will be part of the Mediation process. Depending on the level of conflict and personal dynamics of the relationship between you and your partner two Mediators may be necessary.

If the Family Court orders mediation or you and your partner agree, you may be allowed to have your lawyer present in the mediation. The Mediator’s role is to assist communication between you and your partner so that you can have open discussions and negotiate a settlement.

Role of the Mediator

The Mediator’s aim is to facilitate open communication between you and your partner so that you can:

• identify issues of the dispute;
• generate options to address these issues; and
• agree upon ways to resolve the issues (i.e. ‘settlement’).

The Mediator’s role is essentially a neutral one. The Mediator:

• will not take sides;
• will work with both you and your partner to help you negotiate your own decisions together; and
• will not represent either of you in Court either before or after the Mediation.

Characteristics of Mediation

• All decisions in mediation will be made by you and your partner, not the Court or anyone else.
• The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
• Mediation is readily accessible, making it fast and efficient.
• Mediation is a popular form of alternative dispute resolution. 

What is the difference between Collaborative Practice and Mediation?

Mediation involves an independent neutral professional who facilitates discussions between the parties and helps them to reach an agreement. The Mediator does not provide legal advice to either party during the discussions.

In Collaborative Practice, the lawyers provide advice to their clients and help them assess realistic options. The lawyers then support the clients through the negotiation process to reach an agreement.

Costs associated with the Collaborative Practice and Mediation

• Initial consultation with your lawyer.
• The assistance of the lawyer to complete a short history statement, if necessary.
• The assistance of the lawyer to provide full disclosure of documents, if necessary.
• Attendance by the lawyer in the Mediation session and in the Collaborative meetings.
• Attendance by the lawyer in the Mediation, or throughout the entire collaborative process.
• Preparation of consent documents by the lawyers.
• Involvement of the lawyer throughout the collaborative process.

Other information relating to costs of Collaborative practice and Mediation

• Discussions and agreement on the payment of the fee.
• The fee may be a shared arrangement.
• The costs of the Mediator will be agreed upon prior to the commencement of the process.
• Because of the short duration for the preparation for attending to and completion of the Mediation and Collaborative practice processes, the costs are limited.

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation will be avoided by you, your family, and your friends.

Mediation and Collaboration will also serve to minimize conflict between you and your partner so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

How is Collaborative practice different from traditional Court proceedings?

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants, and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make inquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

Invitation: You are welcome to arrange an obligation-free 20-minute consultation with one of our qualified lawyers, to discuss your circumstances.

The efficiency of Collaborative Practice and Mediation.

Article Source: Aylward Game Family Law Brisbane specializes in Mediation and Family Dispute Resolution.

  

Two of Australia’s most dynamic legal firms are merging to form a powerhouse team of Brisbane solicitors that are committed to the traditionally practiced values of the legal profession.

The joining of these established Brisbane law firms and their collective practices will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.

This merger brings Aylward Game Solicitors to the forefront of solicitors who are there to provide you the best advice and representation in the legal matters your face.

Aylward Game Solicitors has been diligently servicing the legal needs of clients throughout Queensland and around Australia for 17 years. Our partners, Mark Game and Ian Field have more than 40 years of experience in legal practice.

Experience, education, and solid support staff are the foundations of a solid law firm.

Mark Game is experienced in all aspects of banking and finance law and is one of only a small group of solicitors in Queensland with expertise in vendor finance. He also holds a Queen’s Commission as an officer in the Australian Army. He went inactive in 2001 after over 20 years of service to the Army Reserve as an Infantry Corp Officer.

Ian Field is a member of the Family Law Practitioners Association of Queensland and is trained as a Collaborative Lawyer. He is experienced in employment law, as well as preparation of wills and enduring powers of attorney, and the administration of deceased estates.

James Noble, formerly of James Noble Family Law, Brisbane, is a Queensland Law Society accredited family law specialist. He comes to Aylward Game Solicitors with more than 38 years of experience in family law. He is a member of the Family Law Practitioners’ Association, the Family Law Council of Australia, and the Family Law Section of the Law Council of Australia. He is also a Notary Public and a member of Queensland Collaborative Law. James and his team of professionals offer expert legal representation, support, and advice on options available to foster a resolution to your family disputes in a timely and cost-effective manner.

Charles Noble is an experienced divorce lawyer who will work with you to get the best long-term resolution to your legal affairs. He will steadfastly guard your interests and assist you to understand all of your available options and possible courses of action.

Experience, education, and solid support staff are the foundations of a solid law firm. At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Our support teams include Libby Decaux, with over seven years of experience as our Conveyancing Manager. Allyce Ardern is our Legal Secretary and been with Aylward for more than five years.

At Aylward Game Solicitors, the incorporation of James Noble Family Law brings to bear an impressive array of solicitors who can serve your legal needs across a broad spectrum.

Together, we are all Aylward Game Solicitors, a formidable legal team waiting to serve you. You can engage our experts and book a case evaluation using our website at Aylward Game Solicitors.

Article Source: BRISBANE’S BEST LAWYERS, JUST GOT BETTER

WHY DIVORCE RATE IN AUSTRALIA IS SO HIGH?

  

Before discussing the details of the divorce in Brisbane or anywhere in Australia. Let us discuss the term marriage. Marriage is known as a legal contract between two people. They are united due to this contract. They are together in all formats of life. Marriage also gives a happy sexual life. And about divorce, the ending of this contract is known as divorce. Divorce officially announces that these persons are no longer together. When one of the persons is not feeling comfortable with the other one, he can demand a divorce. Luckily the percentage of divorce rate in Australia has reduced.

No-fault divorce: 1975:

The divorce rate in Australia was very high before 75. It had to be reduced. In 1975 a law was passed it was named “no-fault divorce”. This law was introduced for the first time in Australia. In the first year of implementation, the divorce rate increased. Amendments were required in this family law. In 1976 there were some changes in the law to make it better.

It says that couples should be separated for at least 12 months before applying for a divorce.    

Now let’s discuss the details of the divorce rate in Australia.

What is the divorce rate in Australia?

In the 1960s and the 1970s, the divorce rate was very high. It was about 4.6 persons per 1000 residents. But it declined when the Family Law Act 1975 was passed. This law supported no-fault divorce. And reduced to just 1.9 till 2016. But it raised again in 2017 up to 2.0. Hence the divorce percentage in Australia has reduced.

Another reason for the decline of the divorce rate in Australia is late marriage or marriage between same-sex. Same-sex marriage is now legal in Australia. In the first 6 months of 2018, 99 percent of marriages were between same-sex.

Duration of marriage:

In Australia, 43 percent of divorced people were married for about 9 years.  And most of their age was between 25 to 30 years.

The average time between their separation is about 8.3 years. And they get divorced within 12 years. It indicates that half of the couples are married for less than 12 years and a half for a longer time. And there are some marriages which last till death.

There is a great chance of divorcing in the marriages of 20 years. In 1990 its percentage was 20 it increased to 28% in 2010. And it again gained peek in 2017 and raised to 27%. 

Have same-sex marriages affected the divorce rate in Australia?

After the changes in Marriage Act of, 1961 same-sex marriage is now legal. There were 3,149 same-sex weddings were registered in Australia till 30th June 2018. And they can also get divorced but not many divorces are reported from these couples.

What are the reasons behind divorces?

The marriage plays the part of the perfect bond between two persons. It is a very wise decision to make. The couples are usually very happy at the start of their marriage. So, what disturbs their relationship? Why do they have a divorce?

An Australian study reported that there is 71 percent of divorces blame “affective issues”. These affective issues are:

• Problems of communication 27%
• Lost connection 21%
• Trust issues 20%

The other causes of divorce in Australia can be:

• Abuse either physically or emotionally 7.4%
• Abuse via drugs or alcohol 7.4%
• Financial issues 4.7%
• Work pressure 2.7%
• Interference of family 0.6%
• Health issues 4.7%

Divorce Rate in Australia

Tips for long term marriage:

We concluded the following points from the life of couples with long-time marriages.

• Respect is a great factor it should come from both sides.
• Have complete trust in each other
• Maintain happy physical/sexual relation
• Have good communication skill to talk about any problem easily
• Maintain equity
• Support the decision made by the partner
• Be cooperative
• Manage time for each other

When applied for the divorce, do I have to attend the court hearing?

It depends on some conditions. You may or may not have to attend the court hearing. Let’s have a look at them:

•   If you don’t have any children under 18 years. Then you will not have to attend the court hearing it applies on both sides.
•   If a joint application is applied then you will not have to attend the court hearing, even if you have children under 18 years.
•   If a sole application is applied then you may have to attend the court hearing on having a child under 18 years.

 What is the procedure to get a divorce?

Getting a divorce is not the same anymore. That is the reason that the divorce rate in Australia has reduced. If you are thinking to get a divorce in Brisbane then Aylward Game can help you easily. Read the points below to get an idea about getting a divorce.

• Live separate lives: Before applying for a job you must separate for at least 12 months. You can get back in touch without re-starting the 12 months for about 3 months. For instance, if you have lived separated for 4 months and again got together for 3 months you will only have to live 8 months separately to complete the 12 months.
• You can live separately under one roof: You can share the same roof even when you are separated. The court will check if you are having sex, sharing meals, or sharing bank accounts. Your relatives should believe that you are separated.
• Remarrying: Don’t think to remarry until the divorce is finalized. Don’t make quick plans. You can get married once the divorce is granted.
• Property and children’s arrangement: The divorce will not resolve the property or children’s issue. You will have to file a separate case for this issue.
• Married for less time: If you are married for a small time and still demanding a divorce. Then you should visit the family counseling. Get a certificate from them and submit it to the court.

How can Aylward Game help?

Though Australia’s divorce rate has declined some issues can demand a divorce. We can help you in many ways to solve the issue.

You should take our counseling sessions before making such an important decision. The court may also ask you to take counseling sessions. These sessions play a vital role in making a decision.

We follow the collaborative practice which is an alternative to litigation. 

Mediation is a good practice. In mediation, you and your partner discuss everything openly in the presence of a mediator. The mediator is neutral and points out the issue by hearing your discussion.

Article Source: WHY DIVORCE RATE IN AUSTRALIA IS SO HIGH?

SETTLEMENT FIGURES & ADJUSTMENTS – HOW ARE THEY CALCULATED

  

 

SETTLEMENT FIGURES & ADJUSTMENTS – HOW ARE THEY CALCULATED

Quite often Buyers can become confused when looking at settlement figures leading up to settlement and often question how adjustments and figures are calculated. It is quite common for Buyers to misunderstand settlement figures and are often concerned that they are paying for the Seller’s overdue rates or water notices. Settlement figures and adjustments calculation are often confusing and the subject of inquiry from vendors and purchasers alike. They are tricky to navigate and generally take time to understand.

Settlement Figures – what are they?

Settlement figures are a breakdown of monies to be handed over at settlement. Normally, the seller would pay for any expenses or collect any rent until settlement and the buyer would pay any expenses and is entitled to collect rent paid after settlement.
The standard conditions of a contract will provide for any adjustments that need to be made.
Settlement adjustments allow both the seller and buyer to compensate one another for any expenses that have been paid or are in arrears during the period before and after settlement.

Let’s look at some common adjustments…

Rates, water access charges, and body corporate levies are common outgoings that are adjusted at settlement. For example – a property is due to settle on 1 February. The seller has already paid council rates for the quarter until 31 March 2018. An adjustment would be made so that buyer would pay more at settlement to compensate the seller for the rates they have paid until the end of the quarter. The buyer would be responsible to pay their portion of the rates from the settlement date until the end of the quarter.

Water Consumption calculations are adjusted depending on where the property is located. Some councils include water consumption as part of the rates, whereas other councils use a third party for water consumption charges such as Urban Utilities or Unity Water. The seller is responsible to pay for all water access and consumption charges up to settlement.
The buyer is also required to order a Special Water Meter read which will allow them to calculate the water usage and charges payable by the seller up to settlement. This amount will be deducted from the total amount the buyer is to pay at settlement by way of adjustment.

Seller’s release fee – If a seller has a mortgage on the property, the Land Titles Office will charge a fee for the release of this mortgage, prior to registration of new ownership.
The seller will compensate the buyer for this favor by way of an adjustment at settlement.

Another common question asked by a buyer is what happens to electricity at settlement? Electricity is not adjusted between the parties. The seller is responsible to cancel their account and pay the balance of electricity used and the buyer is responsible for opening a new electricity account. The seller remains liable to pay for any electricity used if the account is unpaid or not canceled by settlement, hence the reason electricity is not adjusted.

For more information on settlement figures and adjustments, for a lawyer for this issue please contact us.

Article Source: unity water settlementv