Going through a divorce or separation can be difficult, especially if it’s with a long-term partner. Employing the services of a skilled family lawyer can help make the process easier, but it’s worth thinking carefully about exactly what’s going to happen to your assets when you separate. Some assets are easy to split. Things like jointly owned properties, family cars and joint bank accounts usually belong to both partners and will be split accordingly. However, things like superannuation are often overlooked. In this article we’ll have a quick look at how your super will be split in the event of a separation. Does it belong to you, or should you be prepared to share it? Will My Super Be Split When I Separate? One of the most common questions that we get asked is whether or not someone is going to have to share their superannuation savings with their former partner in the event of a divorce or separation. There isn’t a simple answer – it really depends on your situation. In some cases, super can be divided between two former partners, while in others it won’t be. There are four things that you can do or be forced to do, including:
Entering into a franchise agreement can be very exciting, especially if you’re hoping to build a strong business that you can call your own. However, franchise agreements are also fraught with danger if you don’t understand them, which means that you should always speak to a commercial lawyer before signing anything. If you don’t understand the fine-print of your agreement then you could run into trouble in the future. We’ve therefore put together a short list of the top 5 things to be aware of when signing a franchise agreement. As always, this shouldn’t be taken as professional advice, but rather as information to guide you in the right direction. Be aware of any rules for operating Different franchises have different operation rules that you will have to follow. Make sure that you’re familiar with any operating rules that your franchise has put into place, including things like operating hours, pay rates, software usage and the exact goods and services that you can sell. Understand termination policies It’s extremely important to understand termination clauses from both parties’ points of view. I’d recommend speaking to your lawyer about this, as you don’t want to get it wrong. If you don’t understand termination policies then you might find your contract terminated unexpectedly. On the other side of the equation, you might find that you can’t escape from your contract even when you want to.
If you’re going through a particularly difficult divorce then you might find it hard to agree on who should get custody of your children. Although it’s always in your best interest to come to a mutual agreement with your ex, this simply isn’t possible in some cases. If this happens, then you will need to go to court to work out who will get custody of your kids post separation. This is a worst case scenario, and if it comes to this you should always employ a family lawyer to help make sure that you get the best outcome possible. With this in mind, we’ve covered a few of the things that judges will look at when they’re making child custody decisions. When will child custody cases go to court? Usually we advise ex partners to try and discuss things in a friendly manner before attempting to take them to court. If this isn’t possible and one or both parents aren’t happy with the current arrangements, then they can apply to have their child custody case heard in front of a judge. Before this can happen you and your lawyer will need to gather an array of information and documents to help prove your case, otherwise you might not achieve the outcome that you want.
Things like fireworks, explosives and firearms are heavily regulated in Australia and are only available to select groups of people with the relevant training and requirements. If you are caught in possession of illegal explosives, you can expect to face severe penalties. If you are charged with an explosives or firearms related offence, then we would recommend that you get in touch with an experienced criminal lawyer as soon as possible. Doing this will give you the best chance of beating your charges or at least minimising the penalties for your offence. With this in mind, we’re going to explore some of the laws surrounding explosive making in Australia. How big are the penalties if you get caught, and what’s actually illegal? Can I Make Explosives At Home? The short answer is no, there’s nowhere in Australia that lets you make your own explosives, even if they are for legitimate uses. Homemade explosives – including fireworks – can be extremely dangerous, especially if they’re not used safely. You should never be tempted to try and make your own explosives or fireworks. It might sound like fun or a good idea, but the consequences can be grave. Not only will you get into trouble with the authorities, but you will also be risking your safety and the safety of anyone around you. What Are The Penalties For Making Illegal Fireworks Or Explosives? Largely due to the huge safety risk posed by illegal explosives, the penalties for making and/or possessing illegal fireworks in Australia are significant. The penalties vary from state to state, but in general you can expect a large fine and at least some jail time. For example, the penalties for possessing or using illegal fireworks in Queensland can be up to $53,380 and 6 months jail time. As you’re probably realising, this is huge, and explosives offences are therefore taken very seriously.