Is Superannuation Considered an Asset in a Separation?

Is Superannuation Considered an Asset in a Separation?

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:

What Should I Think About Before Buying A Business?

What Should I Think About Before Buying A Business?

From a legal point of view there are a lot of things to consider when you’re buying a new business. For starters, you need to make sure that the contract of sale is in order and that you’re getting everything that you’re expecting to get.

Similarly, you need to make sure that everything is as it appears on the surface so that you don’t run into problems when you take over the business. An experienced commercial lawyer will be able to help you with everything you need to know when you’re buying your first business and I’d definitely recommend speaking to one.

With this in mind, I’ve put together a short list of the legal considerations you should keep in mind before you buy any new business:

Make Sure Any Building Contracts Are Transferable

If you’re buying a physical business which runs from a specific location, you need to make sure that the premises are included in the sale. Speak with the vendor about this, inspect the sales documents, and consult your commercial lawyer to make sure that everything is above board.

On the other hand, if the premises are leased then you need to speak with the owner to make sure that they’re happy to transfer the lease into your name. Usually they will be, but it’s important to double check.

5 Things You Should Understand About The Australian Parole System

5 Things You Should Understand About The Australian Parole System

The Australian parole system is a godsend for many prisoners, because it helps them get out of jail sooner than they otherwise would have. However, it’s important for you to understand how the parole system works to make sure that maximise your chances of being approved when you apply for parole.

I’d recommend speaking with a criminal lawyer to help get your head around the details of the Australian parole system, especially if you’re in a position where you or someone close to you is applying for parole.

However, I’ve written this article to outline a few of the most important things that you should understand about the Australian parole system. These include:

  1. Know what parole is

Ultimately, a lot of people don’t understand what parole really is and might get into trouble. Essentially, it provides prisoners with the chance to integrate back into society once they are released from jail. For those who have spent a lot of time in prison, it gives them a chance to reform and rehabilitate themselves while under the watchful eye of prison and parole officers.

  1. Understand how the Parole Board operates

If you’re applying for parole then you will need to go through the Parole Board. Essentially, the Parole Board has two main functions:

  • To approve a prisoner for early release (parole) under certain conditions.
  • To return a prisoner to jail for breaching the conditions of their parole.
5 Things to Be Aware of When Signing a Franchise Agreement

5 Things to Be Aware of When Signing a Franchise Agreement

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.

  1. 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.

  1. 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.

How do Courts Make Child Custody Decisions?

How do Courts Make Child Custody Decisions?

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.

Legal Considerations When Building An Amazon Business

Legal Considerations When Building An Amazon Business

Amazon is quickly becoming one of the world’s leading online marketplaces, with millions of people throughout the world selling there every day. However, it’s important to realise that starting an Amazon business isn’t as simple as listing a few products and starting to sell.

Instead, there are numerous legal considerations that you need to take into account when you’re building your first Amazon business. Failing to do so could leave you open to a range of penalties in the future.

I’d recommend speaking with your local commercial lawyer to make sure that you’re doing everything you have to. To help you get started I’ve put together a list of the most important things to consider in this article:

Be Wary Of Copyright Infringements

Copyright is something that you absolutely have to be aware of when you’re selling online. Pretty much every aspect of your online store is subject to copyright restrictions, and you will need to pay careful attention to make sure that you’re not breaking any laws.

In particular, be careful what you sell. Make sure that you’re not selling things like artwork reproductions or anything else that could fall under copyright law.

6 Reasons Why You Should Make A Will (If You Haven’t Already)

6 Reasons Why You Should Make A Will (If You Haven’t Already)

Wills are extremely important legal documents which should be treated with seriousness and respect. They essentially outline how your assets and estate should be divided if you pass away, and a well made will make life a lot simpler for the people that you leave behind.

However, a lot of people don’t have wills. If you’re young, you simply might not have thought of it yet. If you’re on the older side, but don’t have many assets, you might not think that they’re necessary.

But, the truth is that having a will is always a good idea. With this in mind, I’ve put together a list of the top 6 reasons why you should make a will (if you haven’t already). They include:

  1. It Will Make Things Easier For Your Family

If you pass away, then your family will already have to deal with losing you. You can make things easier for them by outlining what you want to happen to your assets in a legally binding will. Make sure that you’re specific, and make sure that you name a reliable executor.

  1. It Will Reduce The Risk Of Family Breakdown


If you have a decent amount of assets when you pass away, certain members of the family might go out of their way to claim a share if you don’t have a clearly written will.

Will I Get in Trouble If I Make Explosives in Australia?

Will I Get in Trouble If I Make Explosives in Australia?

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.