How much does it cost?

There are 2 components: solicitor fees and disbursements. Disbursements are things like government searches for the property. These charges vary depending on the area you’re buying your property. Vania Holt Legal can explain the costs in detail

What if I purchase at auction?

As there is no ‘cooling-off’ period for buying a property at auction, you need to be prepared on the day to go ahead. You will need advice on the contract. Just in case you are not successful at the auction, we will not charge the whole fixed-fee – that would be unkind! Vania Holt Legal provides an advice service on auction contracts of $400 + GST.If you are successful at the auction and thus want to engage us as your lawyers, we will apply this charge to the fixed-fee cost of $1100 + GST. You may also be required to pay for property searches, etc, and we will advise you of the cost of these.

Can it be done online or do I have to come into the office?

Everything (except the inspection of the property) can be done online. Since COVID-19, the governments in Australia amended the law to allow certain documents to be signed online or over video. If you would like to meet in person instead, that’s totally fine. We can come to you or you can meet us at our office – the choice is yours.

How Secure is it online?

Security is absolutely imperative for Vania Holt Legal and we have invested heavily in secure technology. For example, we use SecureXchange to sign the contract online. We have partnered with INFOTRACK who provide security for fraudulent activity up to $500,000. PEXA is the online platform for conveyancing now in NSW and we are partners with PEXA.

If you are thinking of buying a property, contact Vania Holt Legal for free 10 min consultation to discuss next steps. You can reach us on 0425 736 057 or at vania.holt@vaniaholt.com.au

How much does it cost?

There are 2 components: solicitor fees and disbursements. Disbursements are things like government searches for the property and some are mandatory. These charges vary depending on the area you’re selling your property. Vania Holt Legal can explain the costs in detail. Mandatory searches include: Title search (including any dealings/easements, etc); A sewer mains diagram and a Section 149 certificate from the relevant Council. Our fixed fee service is $990 (inc. GST) plus any disbursements.

Can it be done online or do I have to come into the office?

Everything (except the inspection of the property) can be done online. Since COVID-19, the governments in Australia amended the law to allow certain documents to be signed online or over video. If you would like to meet in person, that’s totally fine. We can come to you or you can meet us at our office – the choice is yours.

How Secure is it online?

Security is absolutely imperative for Vania Holt Legal and we have invested heavily in secure technology. For example, we use SecureXchange to sign the contract online. We have partnered with INFOTRACK who provide security for fraudulent activity up to $500,000. PEXA is the online platform for conveyancing now in NSW and we are partners with PEXA.

If you are thinking of selling your home, contact Vania Holt Legal for free 10 min consultation to discuss next steps. You can reach us at: 0425736057 vania.holt@vaniaholt.com.au

What is contesting a Will?

Contesting a will, which is also know as a family provision claim, is where a person seeks a better share in a deceased person’s Will.

Who can contest a Will?

Only a spouse, child or dependant of a deceased person can contest the Will. A grandchild of the deceased may be able to contest the Will if they can be classed as a dependant.

What is a Binding Financial Agreement?

A binding financial agreement is a legal document that sets out the way some or all of a couple’s assets will be divided in the event that their relationship ends. It can also include spousal maintenance.

What’s the difference between a Binding Financial Agreement and a prenup?

A prenup or prenuptial agreement is simply a binding financial agreement that is created before marriage.

When can you get a Binding Financial agreement?

You can get them at almost any stage of relationship whether you’re married or in a de facto relationship (same-sex or heterosexual): ‘Pre-nup’ or before marriage; Before you enter into a de facto relationship During a de facto relationship During marriage and before separation or divorce; During marriage but after separation; After divorce After separating from a de facto relationship

When are Binding Financial agreements most useful?

Lots of assets Due a large inheritance or gift Children from previous marriage Business Want to set up a trust Ex-partner Superannuation While happy and no contention/arguments Want to ensure that your decisions are taken into account rather than the Family Court You and your ex-spouse have decided amicably on the best way to split assets

What are the legal requirements for a Binding Financial Agreement?

They all provide security and certainty for you and your family but they have strict legal requirements including the following: Both you and your partner need independent legal advice and a solicitor needs to sign a certificate saying you received it; The agreement must be in writing; The agreement includes the relevant financial matters

You have separated from your spouse?

You’ve been married for more than 2 years?

If you have not been married for 2 years, there are 2 options that allow you still to file an Application for Divorce. You can arrange to have a Counsellor’s Certificate, which means that you will need to discuss the reasons for your divorce with Court appointed marriage counsellor. Otherwise, you can file an affidavit outlining the reasons for divorce. Both of these options are NOT covered by the fixed-fee. It will take about an hour to draft an affidavit by us, if that is required.

You’ve lived separately and apart for at least 12 months?

To determine whether you have been legally separated for 12 months, the Court will look at evidence to prove that you’ve been living ‘separately and apart’ for 12 months. The Court will look to evidence such as whether you have separate bank accounts, whether you attend social functions together or apart and if you’re maintaining a sexual relationship. You can even be ‘separate and apart’ if you live together. This is called ‘separated under one roof’. If you rely on this, you need to show that you have changed your routines from the date of separation. That is, how is your life different to what it was when you were married? Are you in different bedrooms? Who takes care of the children and housework? If you have not been separated for the 12 months, then this will require an affidavit by both parties. We can only draft one affidavit so unfortunately your spouse will need to find another solicitor to draft their affidavit.

Your spouse consents to the divorce?

This means that you both mutually agree to the divorce and consent to parenting arrangements and property settlement (if applicable). If your spouse does not consent, you can apply for a sole divorce. Sole Divorce Applications are NOT covered by the fixed-fee but please contact us and we can provide advice on costs which will depend on whether you have children or not.

Proper care arrangements have been made for all children currently under 18 years of age?

If you have children under 18 years of age, you will need to provide detailed parenting arrangements. These arrangements can be through the court (Parenting Orders) or agreed between the parties (Parenting Plans). If you have not completed proper care arrangements, we can assist. Please head over to ‘Family Law – Parenting Agreements’ for more detail.

What is the cost of a Divorce in Australia?

There are a few factors when looking at how much a divorce and separation will cost you financially. According to statistics found online, the average cost of a divorce in Australia is $50,000 – $100,000. These figures include not only divorce but also settling financial matters with a property settlement.

A will is a legal document that sets out how you would like your assets and liabilities dealt with on your death. It will detail who your executors are and what they should do with your estate.

Why do I need a will?

In essence, to solve disputes before they happen!

An executor is someone, named in your will, who will distribute your estate according to your wishes. It can be your spouse, child, friend, accountant and lawyer. You can have more than one executor and they can benefit from the estate (as a beneficiary). It is your executor who gets the ‘Grant of Probate’ from the Supreme Court of New South Wales. They are also required to defend your will in case there is a dispute.

I don’t want to provide for my children because they haven’t looked after me. What can I do?

The law requires people to make provision for their dependents and they might be eligible to make a claim for ‘family provision’. Certain people are allowed to make a claim and others cannot. The law is complex here so it might be prudent to discuss this with your lawyer.

What if I get married again?

This may revoke your will, depending on the circumstances, so it is best to make provision as best you can for that eventuality.

What if I get divorced?

The divorce will invalidate any gifts made in your will to your ex-partner and they will be removed as executor.

How much does a will cost?

If it is a simple affair, without a testamentary trust, then we can provide this service as follows: Simple Will (single) – $440 (incl. GST) Simple Will (couple) – $660 (incl. GST) Simple Will, Power of Attorney and Enduring Guardian (single) – $660 (incl. GST) Simple Will, Power of Attorney and Enduring Guardian (couple) – $990 (incl. GST) Power of Attorney – $250 + GST Enduring Guardian – $250 + GST If your will involves a testamentary trust, please contact Vania Holt Legal for a quote.

If you are ready to receive a free, personalised report on your will matter, please click the following button and answer some simple questions: You can take this report with you to any solicitor. If you would like us to write your will for you, please contact us on 0425 736 057 or at vania.holt@vaniaholt.com.au.

World Health Organisation defines elder abuse as: ‘a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person’. In Australia, only 1 in 5 cases of elder abuse are reported. Most abuse of older people in by family members or relatives. Elder abuse often has similar signs as domestic violence because it is both mental and physical violence against an older person and often takes place behind closed doors by a relative or other loved one. People may have bruises and other unexplained injuries or wounds, which may mean they are experiencing physical or sexual abuse. Elder abuse comes in many forms: Physical abuse Psychological abuse Financial abuse Neglect Sexual abuse

How to spot elder abuse?

Elder abuse may be occurring if you notice changes in patterns of behaviours of your loved one. Listen to what they are saying and take it seriously and try not to discount what you are being told. It is often difficult for an older person to recognise they are experiencing elder abuse and so it is up to us to look out for our older people. Outside friends, family or medical professionals may be able to pick up on subtle queues from their loved ones who are experiencing elder abuse. For example, an older friend who may struggle to buy a newspaper they always used to buy. This may indicate that they’re having financial problems or someone has taken control of their finances. Bruises and other unexplained injuries may indicate an older person is being physically or sexually abused.

What to do if you notice elder abuse?

If you witness elder abuse, report it to the police and the aged care facility (if the older person resides in one). Keep reporting incidents if you see them as the more reports the police have, the larger their file of evidence. If you can, take notes and photos of the abuse. If you are talking to an older person about the abuse, reassure them and say that this is not normal and something can be done. If they live in an aged care facility, they can limit visitor’s access to the resident or take action against a staff member. For safety reasons, it’s usually best not to approach the abuser directly – make a report to the police and/or aged care facility. Talk to your loved one and see if you can remove them from the perpetrator’s care and find a more appropriate service. Talk to your loved one’s doctor and other health professionals if you can. This type of behaviour is unacceptable and must be called out so it can be stamped out. It is up to all of us to stamp out elder abuse and to work together to do so. Elder abuse comes in many forms: Older Person’s Advocacy Network (OPAN) Ph: 1800 700 600 NSW Elder Abuse Helpline Ph: 1800 628 221 Serious physical or sexual abuse Call the police on 000.

If you suspect elder abuse, please report to the police and/or aged care facility, then call us. Can you answer ‘yes’ to all of the following questions? If not, you may be suffering elder abuse. I am treated with respect by family and friends. I know how my money is being spent. I choose what happens in my home. Decisions about my life are in my best interest My Will reflects my own wishes I know where my medication is. If you answered ‘no’ to any of these questions, please call us on 0425 736 057. Dr Vania Holt is pleased to offer in-home visits – either your home or your aged care residence.

Do I have to be married? Or is it ok to be in a de facto relationship for property settlement?

No, the law is the same for both married couples and couples in a de facto relationship (after approximately March 2009). The law is different for each state so we can advise on your relationship in New South Wales. A de facto relationship can be between members of the same sex or opposite sex. You can even be in a de facto relationship while married to someone else!

How can a lawyer help with property settlement?

If you cannot split your assets and liabilities amicably, you may need advice from a lawyer to help negotiate on your behalf. You may also see a mediator. Once you have agreed on the property settlement, it should be formalised with the court by Consent Orders or by a Binding Financial Agreement (BFA) (Separation Agreement). If property is transferred subject to Orders, then no stamp duty is payable by either party. You may have heard of pre-nuptial agreements made by parties before or during marriage. If the Agreement conforms with the requirements of the law, it is binding. So couples may already have organised their finances well before divorce.

Do I have to go to court?

Only if you cannot agree on the property settlement.

Have you been separated for 2 years?

If not married 2 years, you have to get a certificate from a counsellor to say that you won’t be getting back together again.

Are you separated but still living together?

You need to prove that you’re living separately and apart.

Do both of you agree to the divorce?

Then a joint application is best. If only one of you wants a divorce, you’ll need to do a ‘sole’ application and ‘serve’ the divorce papers on your spouse.

Do I need to go to court for divorce?

Not if it’s a joint application. You may need to go if it’s a sole application – ask us for more details.

Is a divorce the same as a property settlement?

No, they’re different things. Divorce is the legal part saying that you’re no longer married. This usually happens 1 month and 1 day after the court approves the divorce.

Does a divorce include parenting arrangements?

No, they’re different things. You can have a parenting plan or agreement, which is not binding (that is, it is not enforceable by the court). You can have consent orders, which are binding and so the court can enforce compliance with the orders and you can go to court if there is a breach. OR you can go to court and let the court decide for you. This usually takes many months and possibly years and can be very expensive.

Can I go straight to court for a divorce or consent orders?

The new Federal Circuit and Family Court of Australia (FCFCOA) has certain requirements to show that you and your ex-partner have made ‘genuine steps’ to try and resolve your dispute before going to court. This includes mediation. There are certain exemptions from mediation if there is family violence, or urgency – please speak to a lawyer. If you do not go through the ‘genuine steps’ you, and your lawyer, may be liable for ‘costs’ – that is, you might have to pay the other sides costs. This is why it’s very important you get legal advice.

Do I have to go to mediation before divorce?

Yes, unless there is an exemption. This is very important so you don’t get costs awarded against you.

Can I keep my car and all my assets after divorce?

It depends on many factors: Contributions by both parties, including homemaking, child rearing and monetary Whether there are any children of the marriage Length of marriage Assets/liabilities of the marriage

Is property settlement always a 50/50 split?

Not always. The court must make a decision that the split of assets and liabilities is ‘just and equitable’. It does this by taking into consideration many things such as: Assets/liabilities Salaries Superannuation Length of marriage Contributions to the marriage both monetary and homemaker Whether all assets have been disclosed by both parties Whether there are any children under the age of 18 years of age

Can I use the fact my partner had an affair in the asset split?

No, Australia has a ‘no-fault’ divorce so there is no requirement to prove any ‘fault’, such as an extra-marital affair’ before you can get divorced.

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