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Prenuptial Agreement Lawyers: Why Do You Need One?

 

It’s a harsh truth that no one willingly wants to talk about prenuptial agreements before marriage. Many couples would feel uncomfortable thinking about what would happen if the marriage didn’t work out.

We can’t predict life’s ups and downs, especially their impact on a marriage. But a prenup can help a marriage by underpinning it with a sense of certainty and security. A Prenup agreement requires a lot of thought and must be done correctly. If you consider making a prenup, be sure to speak to an experienced family lawyer. You can contact the team of Platinum Lawyers for our expert advice.

What is a Prenuptial Agreement?

A prenup or also known as a prenuptial agreement is an agreement that a couple creates before they get married (or start living jointly as a de facto couple). A prenup is also known as a binding financial agreement (BFA).

 

Purpose of a Prenup

It’s an agreement that sets out what will happen to the belongings of each party, and the possessions of the relationship, if the marriage ends. Like a BFA, it can also deal with other problems such as spousal maintenance and child support. Property here refers to the assets and debts of both parties. For example:

• Money
• Shares
• Real estate
• Superannuation
• Mortgages
• Business assets
• Credit card debt

Why Do You Need A Prenup?

By preparing a prenup agreement, the couple agrees to divide their property if the relationship breaks down. The aim is to avoid the expense and inconvenience of involving the Family Court.

A prenup can also be relied on if one partner dies and their executor distributes their estate. Provided the prenup is valid, the executor must follow the agreement.

How Much Does A Prenup Cost In Australia?

Generally, an uncomplicated agreement should cost the parties no more than $5,000 in total. Also, each of you needs to be separately represented. If there are complexities like companies or trusts involvement, then you should expect to pay around $5,000 – $10,000.
However, the cost of a prenup can vary depending on topics like – are there children involved? Where are the assets? Are the assets real estate or in structures? How complex are the exclusions of assets? And so on.

Can I Write My Own Prenuptial Agreement?

It is not recommended to write your own prenup if you don’t have a legal background. A prenuptial agreement has to comply with the strict requirements of the Family Law Act.

The prenup (BFA) has to be in writing and signed by the parties entering the prenup. The spouse parties involved in the contract must each be advised independently. Your Prenuptial Agreement Lawyers must brief you about the agreement, and each must be given legal advice outlining the advantages and disadvantages of the contract before it is signed.

Why Should I Hire A Prenup Lawyer?

Choosing a prenup lawyer or an attorney who is well-versed in drafting and interpreting prenuptial agreements will be best to assist you with drafting the contract or representing you in a dispute.

Contact Us For Best Prenuptial Agreement Lawyers

If you’re planning to get a prenup, our team at Platinum Lawyers will be more than happy to assist you and provide legal advice that is best suited for your situation.

Call (02) 8084 2764

Have you heard about wills and enduring guardianship and felt why do I need an enduring guardianship or a will per se? Many clients come to see us on a regular basis regarding their wills, and we always suggest that they put a Power of Attorney & their Enduring Guardianship in place.

Your Enduring Guardian can only act for you if you cannot manage these issues by yourself because of a disability or a possibility of a disability. That is when you should seek legal advice from a trusted firm. It is essential to appoint an Enduring Guardian when you can, as you never know when you might become incapable of making these decisions for yourself. The person you select must be someone that you trust to make these decisions in your best interests. Now let’s dive into the terms that you should be aware of while appointing a legal advisor for your Will or an Enduring Guardian.

What is an Enduring Guardianship?

First of all, an Enduring Guardianship and Advance Care Directive help document notifies what lifestyle and health decisions need to be followed when you don’t have the capacity to make them for yourself. An Enduring Guardianship document authorises someone to make lifestyle, health & medical decisions for you. This legal document can be made if you become ill or injured. An Enduring Guardian can control or decide:

• Where you live
• The health and personal services you get
• And what medical treatment you get

Why Do You Need An Enduring Guardian?

If there is a chance that you might lose your mental ability & you’re unable to look after yourself, you will need someone to look after you. Typically, your next of kin or a near family member would take on this responsibility, but this may not be necessary depending on your family’s dynamics. To avoid confusion (or disagreement), you can appoint an enduring guardian through a legal document with the help of a lawyer. Whether you should think of appointing an enduring guardian is affected by various factors such as:

• Your age.
• Your health.
• Your family record of mental illness.
• Your concern about an accident or a misfortune.

Suppose you don’t appoint an enduring guardian, and there are conflicts between your family as to who can make decisions or who is responsible to take care of you. In that case, it can eventually lead to legal action and court proceedings. However, enduring guardianship doesn’t guarantee avoiding these complications but provides precise (and formal) instructions to those concerned.

 

What happens if you don’t appoint an enduring guardian?

If you cannot make decisions for yourself because of a disability, there are some judgments that family members can make for you, but not all. In that case, a close relative will need to apply to the Court to have an enduring guardian appointed for you.

Now, let us talk about Wills and why they are essential.

What Is A Will?

A will is a legally binding document that sets out how you want your assets to be distributed when you die. Wills aren’t just for people who own property or have surplus amounts of money. Making a will is a favorable step you can take to:

• Provide for the individuals you care about.
• Leave particular items to specific people.
• Appoint someone you trust to carry out the instructions in your Will (your executor).
• Leave any other instructions you may have (for example, about your funeral arrangements), or
• Donate to a charity of your choice

Creating a will eliminates the doubts and difficulties that can occur when there is no evidence of the deceased person’s desires. Even if you don’t have too much money or don’t own a house, you may want to leave other valuable or sentimental objects such as jewellery, antiques, artwork, coins, letters, or photographs to certain people. After your death, your property and belongings are termed as your estate.

Why Do You Need A Will?

If you don’t have a will, you don’t have a say about how your estate is divided. For example, if you die without a will (called ‘dying intestate’), your estate will be distributed to your relatives according to a legal formula (intestacy rules). This could be very different from what you intended. Hence, a Dying’ intestate’ can cause complications, delays & extra costs for those left behind. For example, if you die intestate and don’t have any relatives closer than a first cousin, your estate and belongings will go to the government. A will only takes effect after you have passed. For example, if you want a close someone to look after or make decisions about your finances while you are still alive, but you are unable to do this yourself, you will need an enduring power of attorney.

Who Can Make A Will?

Anyone above 18 can make their Will as long as they have mental capacity. For example, a person with a mild intellectual disability or if they are in the early stages of dementia may still be able to make their Will if they have capacity at the time the Will is made. But in this case, we recommend having a trusted legal advisor on board to avoid any mistakes or complications.

Do You Still Need An Enduring Guardianship If You Already Have A Will?

Your Will only comes into the picture after you pass away. If you’re still alive but you’re mentally hindered, then you still need someone to look after you and make important decisions about your healthcare and finances.

Therefore, you need to appoint an enduring guardian to make those care and welfare decisions for you while you’re still alive. Of course, you can select the same person who is your executor in your Will, to also be your enduring Guardian. Still, their appointment as your enduring Guardian will be specified in your enduring guardianship document, as we explained earlier.

How Can You Make A Will & How Much Does It Cost?

Making a will (or enduring guardianship) can be simple and need not be expensive. A will must be signed and witnessed correctly to be legally valid. It is also crucial that your intentions are expressed evidently to reduce the chance of any argument later.

Therefore, it is best to have a trustee, a lawyer, and a Guardian’s company do your Will for you. While there are do-it-yourself will kits, it is recommended to get a professional to do your Will and Enduring Guardianship to ensure it is done properly and is suitable for your needs. A professional from Platinum Lawyers can also advise you on any tax matters you need to consider when drafting your Will.

Now that you know the basics about Will and Enduring Guardianship procedures, there are many other things to take into account while drafting both of these essential documents. You might come up with a lot of doubts and questions and our team at Platinum Lawyers will be there to help you out at any given time.

Call (02) 8084 2764 if you have any will-related or other legal issues in Sydney or Paramatta.

There are numerous forms of common assault charges in Australia, and the penalty varies depending on the severity of the offence. For example, even if the perpetrator has good criminal antecedents, an offender can be sentenced to an immediate jail term, and incarceration may be mandatory.

Experienced criminal lawyers, on the other hand, can assist you in formulating a defence strategy. Before we get into the specifics of ‘What Happens If You Get Charged With Common Assault,’ the following are a couple of things to remember:

What is Assault?

An Assault is an act that exposes a person to unlawful violence.

While most assaults include unwanted physical contact, an assault does not always have to be physical. All that is necessary is for the victim to anticipate physical contact. As a result, if someone lifts their fist to another person, even if the other person is not hit, it is still considered a form of assault. The distinction between “assault occasioning actual bodily harm” (and “assault” is the infliction of “actual bodily harm”.

 

There are several types of assault charges that you could face. Each one has its own set of consequences. These are the types:

1. Common Assault
2. Assault with intent (aggravated assault/circumstances of aggravation)
3. Assaults that result in bodily harm, as well as significant assaults
4. Sexual or Indecent Assault
5. Grievous Bodily Harm (GBH)

1. COMMON ASSAULT:

Common Assault includes the following behaviours:

● Kicking, Punching, Slapping or Raising a fist at someone as if to strike them;
● spitting on someone else;
● Threatening to harm someone else;
● hurling something (such as a bottle) at someone else (whether or not it makes contact);
● Putting someone under a physical restraint against their consent.

What Happens If You’re Accused Of Common Assault?

If convicted, an offender could face a maximum penalty of imprisonment of up to two years imprisonment and/or fine of $5,500.

The following conditions must be shown in court without a doubt to prove that a crime linked to common Assault has been committed:

● The accused applied force on the victim in some way.
● That the accused threatened another with immediate violence and this was done.
● The accused did
● The victim was not allowed to consent to the use of force.
● It was done purposefully or carelessly.
● The law did not justify, excuse, or authorise this act.

Defences that one might use

From the other side, here is a partial list of defences that an expert criminal lawyer, such as Platinum Lawyers, might recommend to avoid or reduce the severity of any penalties:

● Self-defence
● Provocation
● Lawful chastisement (correcting a child)
● Duress
● Necessity
● Intoxication

Which Court Will Decide This Case?

Common assault matters will most likely be heard in the Local Court.

2. ASSAULT WITH INTENT

A scenario that becomes more serious than if a crime had been committed is called “circumstances of aggravation.” For example, verbal abuse escalates to a physical attack of a more severe sort during a verbal altercation. The term “circumstances of aggravation” refers to a situation in which the criminal is:

● In the company of others or armed with a weapon
● the criminal injures, humiliates, or threatens to murder the victim
● The victim is between the ages of 13 and 16.

3. ASSAULT OCCASSIONING ACTUAL BODILY HARM

By definition, bodily harm is a criminal offence in which one individual causes pain to the victim and interferes with their health or comfort. Bodily injury includes wounds, bruises, burns, fractures, internal bleeding, disfigurement of any body part, and anything that causes a body part to malfunction, including mental health and more.

The degree of injuries determines the distinction between a common assault and an assault inflicting bodily harm. “Bodily harm” refers to small or temporary injuries, such as minor fractures or repeated bruises.

The prosecution must prove beyond reasonable doubt the following elements to prove an offence of “Assault Occasioning Actial Bodily Harm”.

• That the accused committed a physical act (touching, striking or applying force to another);
• The accused did so intentionally or recklessly;
• The accused did so without lawful excuse and
• As a direct result of that physical act the victim suffered a physical injury that is more that “transient or trifling”.

4. SEXUAL OR INDECENT ASSAULT

There are a few unique sorts of assault offences, all of which involve physical, sexual contact with someone else who doesn’t consent, or consent out of dread, or who is legitimately viewed as unequipped for giving consent because of their experience growing up.

There are several varieties of sexual Assault that carry severe punishments, including lengthy jail sentences. “Indecent” is any statute or the Criminal Code. However, the common law (case law) considers various elements, such as whether the Assault has a sexual connotation, such as a kiss that can be construed/ perceived as more than a social greeting or touching an indecent portion of the victim’s body.

Indecent assault penalties

Except in circumstances where minimum sentences are mandated by law, such as serious Assault, judges have broad discretion in sentencing offenders and depending on the nature of the offence and the offender’s criminal history, they can impose less severe penalties than those set down in the Criminal Code. For example, fines, suspended imprisonment, immediate jail, good behaviour bonds, community service orders, and probation are possible penalties.

5. GRIEVOUS BODILY HARM (GBH)

Grievous Bodily Harm is defined As any serious or permanent injury which causes long-term and ongoing problems for the victim.

Section 4 of the Crimes Act 1900 (NSW) includes examples of grievous bodily harm including:

• The destruction of the foetus of a pregnant woman
• Any permanent or serious disfiguring
• Any grievous bodily disease such as AIDS

Broken legs, a broken jaw, a catastrophic brain injury, the permanent loss of a body component, and more are examples. While Grievous Bodily Harm charges begin in the Magistrates Court, all Grievous Bodily Harm offences in Australia will eventually be heard by the District Court.

The severity of the damage will still be judged “likely to endanger life or likely to cause permanent injury to health” even if the victim receives medical treatment and recovers completely. The defendant, in this case, cannot defend himself against the assault allegations by claiming that the victim’s life is no longer in danger.

“Could I at any point be accused of attack without proof?” is the most often asked question about GBH.

NO is the answer. You must have prima facie proof of your crime to charge you with a crime. The prosecution must show the following to prove the crime of GBH:

● That the individual filing the complaint was a victim of GBH
● The person accused by the victim committed GBH
● The act of GBH was not justified, excused, or allowed by law, nor was it illegal.

What Is The Gravity Of A Typical Assault Charge On Your Life?

A criminal record for common Assault may impact your career, housing, university education, and even military service in Australia, depending on the severity of the offence.

What Options Do You Have?

Contact Platinum Lawyers, right away and based on your case, we can assist you with all forms of assaults.

Call us at (02) 8084 2764 to schedule your free 30-minute consultation.