Modern Legal ’s Post

ARE YOU IN A DE FACTO RELATIONSHIP?⁠🤔 Check these guidelines from The Family Law Act: ✔️Duration of your relationship ✔️Living together? ✔️ Financial ties ✔️ Physical intimacy ✔️ Shared life commitment Many think being de facto grants fewer rights. That's a myth. Understanding the legal stand is crucial. Getting legal advice is a smart move to know where you stand financially. Educate yourself on your rights and how to safeguard them. 💡 Learn more: https://bit.ly/3K3Q3Ow #familylaw #divorcelawyer #divorcesupport #divorcerecovery #goldcoastfamilylawyer #brisbanedivorcelawyer #familylawadvice

When facing relocation and custody matters in New York, parents encounter a daunting legal landscape that demands understanding and strategic navigation. At Jean M. Mahserjian, Esq., P.C., we offer compassionate guidance rooted in deep experience of New York family law. Our mission is to empower parents to secure the best outcomes for their children, ensuring rights are protected and complexities are managed with care. #FamilyLaw #ChildCustody #NewYorkLegal #ParentingJourney

Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division, and if included, how to value them in dividing family property. There have been shifts by courts in common law countries over the years to include discretionary interests in trusts, while other jurisdictions, including many U.S. states, take a more conservative approach and exclude discretionary trust interests from matrimonial property division. READ MORE: https://lnkd.in/gvtPrXfq #estates #estateplan #estatelaw #estateplanning #estateplanninglawyer #estateplanningattorney #estatestrategy #estateadministration #estatemanagement #HNW #UHNW

Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division, and if included, how to value them in dividing family property. There have been shifts by courts in common law countries over the years to include discretionary interests in trusts, while other jurisdictions, including many U.S. states, take a more conservative approach and exclude discretionary trust interests from matrimonial property division. READ MORE: https://lnkd.in/gvtPrXfq #estates #estateplan #estatelaw #estateplanning #estateplanninglawyer #estateplanningattorney #estatestrategy #estateadministration #estatemanagement #HNW #UHNW

ARE YOU IN A DE FACTO RELATIONSHIP?⁠🤔 Check these guidelines from The Family Law Act: ✔️Duration of your relationship ✔️Living together? ✔️ Financial ties ✔️ Physical intimacy ✔️ Shared life commitment Many think being de facto grants fewer rights. That's a myth. Understanding the legal stand is crucial. Getting legal advice is a smart move to know where you stand financially. Educate yourself on your rights and how to safeguard them. 💡 Learn more: https://bit.ly/3K3Q3Ow - - #familylaw #divorcelawyer #divorcesupport #divorcerecovery #goldcoastfamilylawyer #brisbanedivorcelawyer #familylawadvice

 ⚖ Will 2024 be The Year of Non-Court Dispute Resolution? ⚖   It seems to be the hot topic at the moment and I have written an article about the new government proposals and changes to the Family Procedure Rules which are on the way.   It is hoped that parents and separating couples will feel encouraged to consider out of court resolution options, which can reduce conflict, time and costs but also relieve some of the pressure the family courts are currently facing.   Do you think the changes will be embraced? Will we see an improvement to the court back-log? Let me know your thoughts in the comments ⬇

When family law disputes arise, the well-being of children should always be the priority. Custody and access arrangements must be handled with sensitivity to minimise the impact on children. The legal system offers protections, but parents play a crucial role in translating these into meaningful support. Both parents need to set aside differences to ensure the emotional and legal needs of their children are met. Find out how avoiding pricey mistakes during family legal disputes in Ireland includes prioritising children's needs: https://lnkd.in/egXR47Ng

The government's response to the consultation on better supporting early intervention for family law arrangements has been released today. There are positive developments with the government launching a legal advice pilot to help families agree child arrangements on separation quickly and addressing common barriers to resolution (including a lack of understanding of the options available to them). Early advice and intervention is essential to keeping cases out of the court sphere. The response also confirms improvements to information and screening options available to mediators and a continuation of the family mediation voucher scheme (with 24,600 families already having benefitted), which will help mediation to become the forum of choice for many separating parents. There is lots to be done to improve the experience for children when their parents separate, but hopefully these are steps in the right direction... https://lnkd.in/e8_erZJX

It’s crucial to understand the legal landscape surrounding custody matters in South Africa. In South African law, custody is referred to as "care and contact," emphasising the importance of the child's physical care and maintaining meaningful relationships with both parents. Custody matters can be emotionally challenging and legally complex, requiring specialised expertise to navigate effectively. Read more here 👇 #SVNattorneys #familylaw #childcustody #law #SAlaw #attorney #attorneyatlaw #yourchild

𝟐𝟎𝟐𝟒 𝐂𝐨𝐮𝐥𝐝 𝐁𝐞 𝐭𝐡𝐞 𝐌𝐨𝐬𝐭 𝐈𝐦𝐩𝐨𝐫𝐭𝐚𝐧𝐭 𝐘𝐞𝐚𝐫 𝐘𝐞𝐭 𝐟𝐨𝐫 𝐅𝐚𝐦𝐢𝐥𝐲 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧—𝐋𝐞𝐭'𝐬 𝐒𝐞𝐞 𝐖𝐡𝐲! 2024 is shaping up to be a landmark year for family mediation, with significant changes in case law and legislation paving the way for a more prominent role for mediation in resolving family disputes. Here's what to look out for: 🔑 𝐈𝐬 𝐂𝐨𝐦𝐩𝐮𝐥𝐬𝐨𝐫𝐲 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧 𝐨𝐧 𝐭𝐡𝐞 𝐇𝐨𝐫𝐢𝐳𝐨𝐧? Recent court decisions and rule changes are laying the groundwork for a potential shift towards mandatory mediation in some family law cases. While the concept of compulsory mediation has historically faced challenges related to access to justice, new precedents and guidelines are opening up possibilities for requiring parties to attempt mediation before proceeding to court. 🔑 𝐂𝐡𝐚𝐧𝐠𝐞𝐬 𝐢𝐧 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐀𝐬𝐬𝐞𝐬𝐬𝐦𝐞𝐧𝐭 𝐌𝐞𝐞𝐭𝐢𝐧𝐠𝐬 (𝐌𝐈𝐀𝐌𝐬) The Family Procedure Rules underwent significant changes in April 2024, strengthening the role of MIAMs and emphasizing Non-Court Dispute Resolution (NCDR) options. Exemptions will be limited, making it harder for parties to avoid these meetings. Additionally, there will be increased scrutiny of parties' attitudes towards NCDR throughout the legal process, with the potential for judges to adjourn proceedings to allow for mediation without parties' agreement. New cost rules were implemented to penalize those who fail to attend MIAMs or engage in NCDR. 🔑 𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐂𝐨𝐧𝐬𝐮𝐥𝐭𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐌𝐞𝐝𝐢𝐚𝐭𝐢𝐨𝐧 𝐕𝐨𝐮𝐜𝐡𝐞𝐫 𝐒𝐜𝐡𝐞𝐦𝐞 In 2023, the UK government actively sought public input on the "early resolution of private family law disputes," specifically addressing the potential benefits and challenges of mandating Non-Court Dispute Resolution (NCDR) methods. While the outcome of this consultation is still pending, the government has extended the Mediation Voucher Scheme into 2025, hinting at a definite change. This scheme provides financial assistance to eligible families seeking mediation, further solidifying the government's dedication to promoting amicable and cost-effective solutions for resolving family disputes. These developments indicate a growing recognition of the value of mediation in resolving family disputes. At THAC, our experienced mediators are skilled in helping families navigate the complexities of divorce and separation, fostering communication, and promoting amicable solutions. Contact us today & explore our services: https://lnkd.in/gcbwmt86 #familymediation #disputeresolution #familylaw #mediation #legal #NCDR #MIAMs