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Family LawProperty settlement
March 20, 2019

How is the family home valued after separation?

For most people, the family home is the most valuable asset they own. When couples separate, the family home is usually the most significant asset that needs to be divided. Should one of you keep the home and pay the other out? Or should you sell it and divide the sale proceeds? At Martens Legal we assist our clients to…
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CourtFamily LawParentingProperty settlementSpousal Maintenance
February 7, 2019

What You Need To Know About The Family Law Court Process

When going through a separation, we always recommend that people try to negotiate and resolve their financial and parenting matters by agreement, rather than litigating the matter in Court (See our post “Why You Should Avoid Going To Court In Family Law”). However, there are times when Court litigation might be your only option. For example, if you and your…
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DivorceFamily LawParentingProperty settlement
January 25, 2019

Consent Orders: A Must Read If You Have Separated

Consent Orders are almost always the best way to legally document a separation agreement. The purpose of this post is to provide you with information about the benefits of Consent Orders and the steps involved in obtaining them. What are Consent Orders? The Family Court encourages people to reach an agreement about family law matters arising from separation, including: - …
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Family LawProperty settlement
December 14, 2018

Will I lose my right to the family home if I leave after separating?

The decision to leave the family home following separation is an extremely difficult one to make. Will the children be ok? Will I lose my right to the family home if I leave? What about the mortgage? These are the questions that often arise when making the decision to leave. This post is intended to help answer some of the…
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Family LawProperty settlement
December 7, 2018

6 Steps to Keep Your Business Afloat During Separation

Separation can have a disastrous impact on your business. Many of the impacts can be avoided if the separated couple receives proper guidance at the outset from trusted advisors. This post provides some practical tips on the steps couples should take to keep their business afloat through a separation. We’ve separated, now what do we do? At the outset, our…
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Estate LawPower of Attorney
November 23, 2018

Power of Attorney – What decisions can my attorney make?

Are you considering making a Power of Attorney but aren’t sure what powers you will be handing over or who to choose (and who not to choose)? This post is intended to give you an understanding of what decisions your attorney can make on your behalf and also provide some tips on who you should choose to be your attorney.…
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Family LawParenting
November 19, 2018

Parenting Plan -vs- Parenting Order: What’s the difference?

It’s always a good idea for separated parents to write down any agreement they make about care arrangements for their children. This will not only help everyone to adjust to the change, but cooperative parents can also help avoid future disagreements as well as lengthy and costly Court battles. The issue we see regularly is parents not knowing what type…
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Family LawParenting
October 26, 2018

Can I move away with the children?

Have you separated from your partner and are thinking about moving away with the children? Maybe you'd like to move closer to your family, or perhaps you’ve been offered a new job in a different city. In family law, this is referred to as relocation. It’s important to understand that you do not have an immediate right to relocate with…
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Family LawProperty settlement
October 12, 2018

Can My Former Partner Access My Super After Separation?

Super is often the most significant asset of many families, after the family home. It is possible that your former partner could access your super by way of what is called a ‘super split’. The purpose of this post is to provide some background about super and family law generally and guidance about how a super split works. How is…
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Family LawProperty settlementSpousal Maintenance
September 21, 2018

Time Limits – Don’t Miss the Family Law Deadline

Did you know that for separated couples, there are time limits to when you can apply to the Court for financial orders? And, that if you miss this time limit you may lose your right to a property settlement or spousal maintenance? Don’t worry if you didn’t, you are not alone and we are here to help. The purpose of…
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Family LawParentingProperty settlement
September 7, 2018

Mediation – An Alternative to “Going to Court”

Mediation can be a very useful tool to help resolve your family law matter without going to court. It is a chance for you and your former partner to discuss what is important to each of you, and to hopefully reach a solution that you are both comfortable with. The purpose of this post is to provide you with some…
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Family LawFinancial AgreementsProperty settlementSpousal Maintenance
August 31, 2018

How To Decide If You Need A Prenup (AKA Financial Agreement)

The last 50 years has seen the greater acceptance of de facto relationships as well as the rise of the second, third (and beyond) marriages. Data from the Australian Bureau of Statistics has also demonstrated the significant increase in marrying ages of both males and females in Australia. See below. There is no doubt that changes to relationship trends and…
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DivorceFamily Law
August 24, 2018

How do I Apply for Divorce?

“Hi, I am calling about a Divorce”. This is the most common statement that we hear from new family law enquiries. But, did you know that applying for Divorce is actually one of the last steps to be taken in a family law matter? In fact, there are a number of legal matters that a separated couple should complete before…
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Estate LawTestamentary Trusts
August 21, 2018

Testamentary Trust: What Are They And Should You Use One?

Most people will have heard of the term ‘Testamentary Trust’ before but, as we have observed, very few understand what they are; let alone if they should use one in their estate planning. The purpose of this post is to give you an understanding about Testamentary Trusts and whether it may be useful for you to include one in your…
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Why You Should Avoid Going to Court in Family Law
Family LawParentingProperty settlement
August 10, 2018

Why You Should Avoid Going to Court in Family Law

Separation can be one of the most stressful and difficult times of a person’s life (even an amicable separation). No doubt those of you reading this post who have experienced it yourself or know someone close to you that has, will agree. Unfortunately, these effects are heightened if your family law matter ends up being litigated in Court.  That is…
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Family LawProperty settlement
August 3, 2018

Are Assets Always Split 50/50 In A Property Settlement?

The short answer is no. This is a common misconception. There is no exact calculation to decide how assets will be divided between separated couples (also known as a property settlement). However, the Family Law Courts have over many years developed a 4-step process which is used to determine these cases. Family Lawyers can therefore advise separated couples as to…
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Estate LawWill
July 13, 2018

Who Inherits My Assets When I Die Without A Will?

Have you ever wondered what would happen to your assets if you were to die tomorrow? When you die without a Will, there are laws in place that will determine who inherits your assets upon your death. These are known as intestacy laws.
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guide to child support
child supportFamily Law
June 22, 2018

A Guide to Child Support After Separation

When parents separate it is common for no agreement (even an informal one) to be in place about family law matters; including child support. Often there is no agreement simply because parents are unaware of some or all of these matters. Why? Because separation isn’t something you experience often. Furthermore, these matters are not always common knowledge. This post aims…
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Advance Health DirectiveEstate LawLetter of WishesPower of AttorneySuper NominationTestamentary TrustsWill
May 28, 2018

What Are The Top Terms Used In Estate Planning?

WHAT IS ESTATE PLANNING? Estate planning is the process of arranging your affairs in a way that: suits your needs now; protects you should you ever lose the ability to make your own decisions; and ensures your assets will pass smoothly to your family and friends in the event you pass away.   In most cases, estate planning is not…
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Family Law
April 15, 2018

How To Avoid Unnecessary Tax In A Property Settlement

It is common for separated couples to want to avoid the hassle and cost of involving lawyers, leading them to reach an informal agreement to divide their property. One of the hidden dangers in only having an informal agreement however is that one or both spouses may be required to pay tax on the property that they retain. These taxes could be…
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Estate LawTestamentary TrustsWill
March 26, 2018

How Does Marriage, Separation And Divorce Affect Your Will?

Your will can be affected when you say, “I do” and “I don’t”. So, next time you change your relationship status on Facebook (or someone you know does), simply follow our 3-step checklist: Contact us to find out how the relationship change may affect you Update or create a will - if required Start planning that engagement, wedding or divorce…
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Family Law
February 22, 2018

Am I In A De Facto Relationship?

Given the recent political scandal (and because it is a question we get asked ALL the time), we thought de facto relationships would be an interesting topic to touch on in this post. When are you in a de facto relationship? A couple will be considered to be in a de facto relationship if: they are not married to each other; they…
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Estate LawSuper Nomination
January 24, 2018

Who Gets My Superannuation If I Die?

Your super fund can decide who will receive your superannuation when you die. But wait, we’ve got more shocking news... Even if you have a Will that deals with your superannuation and states who you want to receive it, your super fund can still decide to pay your superannuation to someone else. So, why can my super fund decide?  …
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merry xmas
December 21, 2017

Thank you and Merry Christmas!

Amid the chaos that the lead up to Christmas always brings, we have had a moment this afternoon to reflect on the past year. It has been an incredible, challenging and rewarding year for us at Martens Legal. The firm has thrived and that is because of the wonderful clients and support we have received. A huge thank you to…
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Family Law
November 30, 2017

We Don’t Need To Involve Lawyers… Do We?

Reaching an agreement with your former spouse before knowing your legal rights and responsibilities or how the law applies to your case can be catastrophic. Why? Because you don’t know what you don’t know! It is a common misconception that getting advice from a family lawyer after separation is not needed when people are amicable or that it will always…
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enduring power of attorney
Estate LawPower of Attorney
November 9, 2017

Enduring Power Of Attorney – Do You Need One?

If you are thinking ‘what is an enduring power of attorney?’ - don’t worry -  you are not alone. We estimate that at least 1 in 4 people we meet have never heard of an enduring power of attorney; let alone know what it is and if they need one. So, What Is An Enduring Power Of Attorney? An enduring…
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October 6, 2017

What Is The Worst Age For Parents To Divorce?

It is a question we get asked all the time at Martens Legal. The short answer – we wish we had one. The impact of divorce on children has been the subject of research for several decades; however, the answer is still undecided. In our opinion this is because it will depend on the child, the family dynamic and how…
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DivorceEstate LawFamily LawPower of AttorneyProperty settlementWill
August 30, 2017

Top 5 Tips To Protect Your Assets After Separation

TIP 1 - SEEK IMMEDIATE LEGAL ADVICE You should arrange to meet a family lawyer as soon as possible after separation. We recommend that you and your former partner each receive independent legal advice before trying to reach an agreement about how you will divide your assets. No, this isn’t us lawyers trying to make money off you; it is…
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Estate LawFamily LawLaw Firm
August 14, 2017

A Warm Welcome to Martens Legal

I am proud to announce the official website launch and opening of my law firm, Martens Legal. About The Firm At Martens Legal our speciality is all things family and estate law. The type of cases we assist clients with include property settlements, parenting, divorce, wills, powers of attorney and much more. Our Why ‘Why?’ ‘You’re crazy!’ I’m sure most…
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