Author: sam

01 Sep

Posted at 00:00h in Wills & Estates

The recent death of Mr Hugh Hefner has provided worldwide publicity about prenuptial agreements and a wife apparently receiving nothing from an estate. Mr Hefner was well known for his hedonistic pursuits of pleasure and self-gratification. He was also well known for his wealth, three marriages, numerous relationships, the publishing of avant-garde magazines such as Playboy and his strong support for freedom of speech and expression. The recent publicity reports that his third wife, Ms Harris will not inherit anything, as she has been left out of his Will. According to the Daily Mail, amongst other publications, it is said that Ms Harris was not made a beneficiary of his Will. The media also reports about there being an ironclad prenuptial agreement between Ms Harris and Mr Heffner. Apparently, Ms Harris will be taken care of by undisclosed means. It is reported that his estate is to be divided among his four children, the University of Southern California and a list of charities. The issues mentioned in relation to Mr Hefner, are common in many countries including Australia – with lesser fortunes, fewer marriages and relationships. They do however point out the complexity which needs to be dealt with. We at Belperio Clark Lawyers...

01 Sep

Posted at 00:00h in Family Law

We are thrilled to announce that Doyle’s Guide to the Australian Legal Profession has recommended our very own, Bev Clark in the categories of “Leading Family & Divorce Lawyers – South Australia 2017” and “Leading Parenting, Custody & Children’s Matters Lawyers – South Australia 2017”! Bev is committed to achieving the best outcomes for her clients. She understands the importance of exploring opportunities to resolve matters and works hard to ensure that her clients are supported and properly represented through the legal process. Bev was one of the first two lawyers in SA trained in Collaborative Law and is a founding and active member of the Adelaide Collaborative Practice Group and the Australian Association of Collaborative Professionals. She regularly presents on Collaborative Law and attends the International Academy of Collaborative Professionals’ conference in America each year. Bev has been involved in over 100 Collaborative cases including the first cases in SA. She now trains other Collaborative Professionals. We’re also very proud to announce that our firm has been recommended in the category of “Leading Family & Divorce Law Firms – South Australia 2017”. Our family lawyers are experienced professionals who provide a high level of cost-effective, resolution focused service. For more information about our Family Law services, please contact...

01 Sep

Posted at 00:00h in Family Law

If you are looking for answers to the common questions about relationship counselling, information can be found through Relationship Australia’s website. If counselling hasn’t worked for you and your relationship has broken down irretrievably, talk to our team about how you can choose to resolve your dispute respectfully – we promise that it’s better for everyone involved, especially kids caught in the middle! Belperio Clark’s Adelaide family lawyers are proud to be part of the Adelaide Collaborative Practice Group and pride themselves on their ability to work as a team to find the best solution for you and your personal situation. If you would like further information about Collaborative Practice or would like to book an appointment please call on 8212 1322. Alternatively, if you feel you are not ready to sit down one to one with a lawyer in a formal appointment you can come to one of our free ‘Relationship Breakdown‘ seminars for a general chat with our experienced family lawyers....

01 Sep

Posted at 00:00h in Dispute Resolution

Under the Family Law Act, a spouse or de facto spouse has the right to apply for support from their former spouse if they are unable to adequately support themselves. If the applicant spouse can establish a need, then the Court looks to the other party to ascertain if they have the capacity to provide support. In making a decision the Court would take into consideration the age and state of health of each of the parties, their income, property, resources and capacity to work. The Court will look at whether the relationship has affected a persons ability to earn an income. The Court will also take account of a suitable standard of living in all the circumstances and whether a party has the care of children under 18 or children over 18 who are either students or have a disability Some parties are able to reach agreements and if necessary can record their agreement in a binding way – either by way of a properly drafted Financial agreement or a Consent Order. If no agreement can be reached, then an application might need to be made to the Court for an Order on a contested basis. There are deadlines for filing such an application. The...

01 Sep

Posted at 00:00h in Family Law

Our team of Adelaide family lawyers can advise you of your rights in relation to all aspects of a relationship breakdown. We encourage you to discuss your concerns with us so that we may assist you to develop solutions. Our family lawyers consider that when parties separate or their relationship breaks down, the type of process they use to resolve any dispute will have a big impact on the outcome. Not all matters need a heavy hand. Not all matters need the huge expense and long delays that come with Court based processes. Most parties are better off Ð especially if they have children Ð using Mediation or Collaboration. We are committed to assisting parties to learn about the options available and what they look like. We run free seminars in our Sturt Street premises each month. Come along on to our next free family law seminar on Wednesday the 25th of October 2017 between 5-6pm to meet and talk to a family lawyer about relationship breakdown solutions. Take a look at Erica and BevÕs professional profiles for insight into our experienced family law team. Call us on 08 82121322 to reserve a spot or to find out more information....

01 Aug

Posted at 00:00h in Family Law

As a busy Adelaide Family law firm you would think we spend a lot of time in the Family Court but as we see Court as a last resort and have a strong focus on keeping our clients out of Court, we donÕt spend a lot of time there. There are very few matters that really need to be litigated and we only litigate when it is warranted. Relocation is one area of Family law which is often hard to settle. If one party wishes to relocate with the children after separation or divorce and that would affect the relationship the other party has with the children, it is no surprise that it is hard to compromise. For example, if one party came from England leaving behind all their family and friends, and then had children in Australia with their partner, upon their separation they may wish to return home to England and take the children with them. It is understandable that they would feel strongly that they ought to be able to return to their family and familiar surrounds. It is understandable that if they are the primary carer of the children that they would want to take the children with...

01 Aug

Posted at 00:00h in Family Law

Bev is an experienced lawyer in a range of areas including family law, collaborative practice and personal injury. Bev has been practicing as a lawyer in Adelaide for over 25 years. Bev is committed to achieving the best outcomes for her clients. She understands the importance of exploring opportunities to resolve matters and works hard to ensure that her clients are supported and properly represented through the legal process. If you’re looking for an experienced family lawyer in Adelaide call us on 08 82121322 to book an appointment with Bev. Family law is a specialised area of law. It requires not only technical legal expertise but a good understanding of the emotional landscape surrounding the breakdown of an important relationship. There are many family lawyers in Adelaide but very few who are able to work across all five options for dispute resolution. There are five ways a matter can be resolved. Very few matters need to be litigated in Court. It is vital to see a family lawyer who understands and who can guide you toward the process that is right for you and for your family. The choice of dispute resolution process will influence not only the outcome of a family law matter but...

01 Aug

Posted at 00:00h in General

Subscription service accessible to subscribers of the South Australian Integrated Land Information System (“SAILIS”) which sends notifications (via email or SMS) when activity is detected on a certificate of title. Who can subscribe to the service: Property owners by setting up a subscription with the Lands Titles Office, via https://www.sailis.sa.gov.au/home/extUser ; and Solicitors or conveyancers who have an active account with SAILIS. Advantages of Subscribing Whenever activity occurs on a certificate of title that a subscriber has nominated, the subscriber will receive a notification. For example, the subscriber is notified if a Priority Notice, Caveat, Transfer or Mortgage has been lodged against the nominated title. A subscriber is also notified when a Form 1 search is conducted in relation to the nominated title. Upon receiving a notification, the subscriber is directed to the SAILIS website to view the details of the activity on the nominated title. There is no cost associated with registering a Title. A subscriber can have up to 20 titles nominated for Title Watch. The subscriber does not need to show any connection to or interest in the Title. If you would like more information on Title Watch, or if you require advice in relation to a property or commercial law matter, please contact Belperio...

01 Aug

Posted at 00:00h in Wills & Estates

It’s time to change the way Australians talk about death and dying – 75% of us have not had an end of life discussions and over 70% of us die in the hospital though most of us would prefer to die at home. August 8th is ‘DYING TO KNOW DAY’; a day that aims to encourage conversations about planning for the end of life. While many find conversations about death uncomfortable, planning for such an event can make it more bearable for all when the time comes. This preparation should include a Will, an Enduring Power of Attorney and an Advanced Care Directive. An Advanced Care Directive allows you to outline your wishes for the future should something unexpected happen that results in you becoming incapacitated. This includes directions such as what type of care you may want to receive, whether you would prefer treatment at home or in a hospital, and who can make decisions about your health and lifestyle should you not be able to. Similarly, an Enduring Power of Attorney is a legally-binding document that allows you to appoint somebody who can make financial decisions on your behalf if you become incapacitated and unable to make those decisions yourself. A professionally drafted Will is also essential for...

01 Jul

Posted at 00:00h in General

Tips on Significant Capital Expenditure for Franchisees. McDonalds and KFC have both unveiled plans in the past month to trial home delivery in partnerships with UberEATS and Foodora. LaPorchetta has also announced that they will trial delivery service, and RedRooster has also announced a stronger push into home delivery, although both will involve the franchisee expending their own capital to roll out the service. What happens when a franchisee is required to buy the expensive equipment for a new service introduced to the market or brand, especially mid-way through the life of the franchise agreement? Another high-cost situation can include the requirement to implement a completely new fitout which is more than a standard refurbishment. Many franchisees have experienced tough market conditions over the past few years and may struggle to afford any significant outlay. Notwithstanding your financial difficulties, it may come as a shock to hear that the franchisor can require this expenditure provided certain conditions are met. In 2015, the Franchising Code of Conduct was updated so that a franchisor can require a franchisee to undertake significant capital expenditure if either: the franchisee approves the spend; it was disclosed to the franchisee in the disclosure document they received prior to commencement or...

Contact
close slider

Contact us