OFRM Lawyers in Bendigo, Victoria | Estate planning solicitor

OFRM Lawyers

Locality: Bendigo, Victoria

Phone: +61 3 5445 1000

Address: Level 1 35 Queen St 3550 Bendigo, VIC, Australia

Website: https://ofrm.com.au

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• Estate planning solicitor
• Legal service
• Divorce & Family Lawyer

25.01.2022 There's been a lot of talk about the fees of univerisity courses lately. With fees now mounting to substantial amounts by the time a degree is completed, it is increasingly common to see HECS or HELP debts and payments becoming an issue in family law matters. Today OFRM Family Lawyer Gabrielle Howley provides a very useful analysis of how the Family Courts treat such issues. ... https://ofrm.com.au//how-is-hecs-treated-in-family-law-pro

24.01.2022 Can I move interstate with the kids? Under the Family Law Act parents have equal shared parental responsibility for the children until there is a parenting agreement or Court Order that provides otherwise. This means that unless there is an agreement or Court Order in place, both parents would have responsibility for the decisions regarding the long-term arrangements for the children which would include a significant change like moving them interstate.... If a parent unilaterally moved without the notice or agreement of the other parent, the Court may order that the parent return with the children until the Court is able to make a final decision or may order that the children return to the other parent.

24.01.2022 When Covid restrictions commenced & the OFRM team moved to working remotely, we recognised that there would be an increased need for accurate information across our whole range of areas of the law. So, we put an increased focus on writing our helpful articles. Since March we have published on our "What Matters" blog over 80 articles, you can browse them all here https://ofrm.com.au/blog

22.01.2022 It’s foggy with a hint of spring around the corner morning here in Bendigo today. Perfect weather for working from home! Despite being in our ugg boots, we’re ready to help with your legal matters - 5445 1000 or you can book an appointment on our website.

21.01.2022 Can I get advice before I separate? The ideal time to seek advice regarding what would be the likely outcome of Family Law matters regarding both children and/or property matters, is before you finally decide whether or not to separate. It is common for us to meet with clients while they are considering whether to separate. The benefit is you can then make an informed decision about the future of their relationship knowing what would be likely to happen from both a property/...financial perspective and regarding arrangements for the children. Often this assists parties in deciding if they wish to separate and if they do, to ensure separation occurs in a manner which does not jeopardise the best arrangements for the children or a likely property settlement. When you meet with an O’Farrell Robertson McMahon Family Lawyer that appointment, like everything we do, is confidential which allows you to speak openly and frankly about your concerns to an independent lawyer who can provide experienced advice to you which can assist you making the right decision.

21.01.2022 As we move into stage 3, there's a whole new raft of considerations for Bendigo and regional Victorian businesses to get their head around. If you are feeling overwhelmed with all the information, our business lawyer Lachlan Edwards has done the hard work for you and summarised the key points you need to digest in these busy times. https://ofrm.com.au//what-lockdown-20-means-for-regional-b

20.01.2022 Do I have to sign anything to be officially separated? Under Australian law, there is no requirement or way to officially record that you are separated. Often separation means there is a mutual understanding by both parties that the relationship has come to an end. The Family Law Act considers separation in two different area:... 1. in proving that a marriage has broken down irretrievably as the grounds for a divorce 2. what is the date on which time commences to run for a de facto property settlement. Under the Family Law Act there are a number of factors the Court would take into consideration in determining whether parties were separated. While there is no official register or such of separation, there are other declarations and documents which the parties may make that confirm separation such as information that they provide to Centrelink.

19.01.2022 Are your parenting orders set in stone? Or can they be changed later? In today's article, OFRM Family Lawyer Demi Raynor analyses how final are final parenting orders. ... https://ofrm.com.au//2/how-final-are-final-parenting-orders

19.01.2022 Have you spotted our new look? After all that is 2020, we felt like a little freshen up - and like that first visit to the hairdressers post lockdown, we’re loving it!

18.01.2022 As Victoria moves into lockdown with Melbourne on Stage 4 and regional Victoria entering Stage 3, the property market in our beloved (but masked up) Bendigo is booming. Our conveyancing department is loving working with so many clients taking advantage of a great time to invest in Bendigo property. people taking up the opportunity of government schemes and buying that block of land ... families that have figured out they need a bigger house after all this time at home city dwellers realising that Bendigo is the place to live or investors identifying the opportunity provided by high demand for rentals in Bendigo If you are in the market to buy or sell now, you want the OFRM property law team working with you. We’ve got all the systems sorted so that your transaction is smooth, effortless and remote. Give Mark, Roweena, Cara or Liam a call on 5445 1000 to get started today on the legals for your purchase or sale.

17.01.2022 We both agree, can you see both of us to draw up the paperwork? Lawyers have a duty to look after their clients’ interests and are not able to represent more than one client in the same family law matter as this would create a conflict of interest. Quite often, even in matters where parties appear to have reached an amicable agreement, issues can arise that lead to the parties having divergent interests. ... However, if you have reached agreement and just need the agreement documented, the best way forward is for one party to engage us as their lawyer and we can prepare the documents and make arrangements for the other party to effectively sign the documents.

16.01.2022 It's been happening a bit lately with the world gone all topsy-turvy: people not sticking to Family Law Parenting Orders. What are your options if the other parent isn't following the parenting orders is explained in today's article by OFRM Family Lawyer Gabrielle Howley. https://ofrm.com.au//what-can-i-do-if-parenting-orders-are

14.01.2022 Can the Family Courts play a role when someone who is not a parent of a child wants a say? In today's article OFRM Accredited Family Law Specialist Marika McMahon discusses non-parents in Family Law matters. https://ofrm.com.au//31/non-parents-in-the-family-law-matt

10.01.2022 With so many businesses so significantly effected by the Covid19 pandemic, it's not surprising that people who are impacted are looking at their Child Support Agreements and wondering can they be changed. The Federal Circuit Court recently considered a case in those circumstances and set aside a child support agreement because of Covid19. In today's OFRM article, Family Law Specialist Marika McMaon looks at that case and considers what it means for other child support agreements in these crazy times.

10.01.2022 Remote working means we miss the signs the season is changing that we usually spot from 35 Queen st so this mornings walk took me past to see the blossom Surely it’s a sign of better times ahead? In any event, the predicted warmer days later this week might see us even venturing out into the backyard as we work, looking forward to zooming in the sunshine ... Don’t let the current restrictions prevent you sorting your legal matters. Wherever our lawyers are working, they are there for you - phone 5445 1000 or jump on our website to book an appointment

09.01.2022 Here's another common Family Law Question & Answer How can I find out if my spouse is hiding assets? You can be reassured that it is extremely rare that a party in family law proceedings is able to hide assets.... The Family Law process includes pre-action procedures where each party is obliged to exchange all of the relevant financial information which includes the historical bank statements. Reconciling bank statements to things like records of property transactions, tax returns and so on will usually reveal if there are any movements of assets or money that has not been disclosed. For example, going through a bank account might reveal that there are transfers to an account that has not been disclosed. If a party is not co-operatively disclosing information then there are powerful ways in which the Court can ensure that this occurs including issuing subpoenas, making Costs Orders if people do not comply with Court Orders regarding disclosure or ultimately drawing conclusions in the Court Orders or striking out a response and hearing the matter on an undefended basis. Prior to filing Court documents, a party must sign either an Affidavit or a Statement of Truth. If it is later found out that a party did not tell the truth or was hiding assets then not only is there the risk that the Orders will be set aside and the Court will make a new settlement, but also there is the potential that criminal charges regarding making false statements. There is an extremely strong onus on people to tell the truth because: 1. Experienced family lawyers and Judges are able to easily pick up where things don’t add up and trace the missing information. 2. The risk of not telling the truth and that being found out later is so significant it is not worth doing. On a practical level though the open exchange of information early in your Family Law negotiations is the best way of making sure that you minimise both the time and cost of sorting out your Family Law property matters. You can find the answer to more family law questions in our book you can download here https://ofrm.com.au/family-law #bendigo #familylaw

08.01.2022 If you are trying to negotiate arrangements for children after separation, sometimes it is hard to see beyond what are the issues immediately confronting you. In today's article OFRM Family Lawyer Gabrielle Howley has compiled a handy list of things to keep in mind when making parenting arrangements. https://ofrm.com.au//10-things-to-keep-in-mind-when-making

07.01.2022 The current state of the economy has led Landlords & Tenants to have even greater scrutiny of their arrangement - which is set out in the terms of their Retail Lease. An area that is worth understanding well in your lease is who is responsible to pay for what. In today's article, OFRM business lawyer Siobhan Liston delves into the issue of lease outgoings. ... https://ofrm.com.au//retail-lease-outgoings-what-are-your-

07.01.2022 Stage 3 restrictions in regional Victoria and stage 4 restrictions in Melbourne are affecting the way all Victorians do business including the law courts. In the past, people involved in intervention orders would often attend a court date without receiving legal advice and wait in the queue on the day to speak to a lawyer on duty. However, to limit the number of people attending court in person, Affected Family Members and Respondents to family violence intervention orders ...are often being telephoned by Police to try to resolve disputes (negotiate conditions, etc) before a court date. If police or a family member has applied for an intervention order against you, or if you want advice about your need for protection with an intervention order, it is an excellent idea to speak to a lawyer as soon as possible and well before you may be required to go to court. This is especially important if an intervention order will affect parenting arrangements or shared property. If you have a court date for a Family Violence Order you should speak to one of our family lawyers by calling 5445 1000 Covid-19 restrictions do not mean that you need to put up with violent, abusive, controlling or dominating behaviour. If you have immediate concerns for your or a family member’s safety, call 000. You can also leave your home to get to safety if you are experiencing family violence.

06.01.2022 Should I move out of our shared home? Following a separation, parties may wish to remain separated under one roof for an extended period of time. Some parties do this successfully however most find it becomes an unsuitable arrangement and it is generally necessary for one of the parties to move out of the shared home. Regardless of your living arrangements, your ownership of the property remains the same until an agreement or Court orders are made dealing with the asset.... Sometimes the concern about whether or not to move out of the home is a tactical one would not being in the home mean you lose the chance to try and keep the home as part of a settlement, does it mean the property might sell for less? Neither of these necessarily follow the fact that you have left the property and if an agreement cannot be reached it is possible to seek court orders to protect against those things including having the property appropriately prepared for sale or the property maintained pending a settlement. This is just one of many questions & answers about family law which are answered in the booklet our Family Law team has prepared The 50 Questions You Want to Ask About Divorce and Separation. You can download a copy of the book or read it online here https://static1.squarespace.com//50+Top+Family+Law+Questio

06.01.2022 https://ofrm.com.au//guaranteeing-a-loan-good-deed-or-peri

05.01.2022 There’s so many questions when it comes to Family Law so our team has complied a book with answers to the 50 top questions. Questions like are there any time limits? Here’s the answer to that one.... The Family Law Act sets limitation periods in bringing an application to the Court for a property settlement for both married and de facto couples. ... For married couples, the time limit for filling an application for a property settlement is one year after a divorce order takes effect. Whilst this time may appear to be short, keep in mind that you must be separated for a period of 12 months before being eligible to apply for a divorce order. Therefore, you effectively have at least 2 years before time runs out and the clock doesn’t start ticking until you are divorced. Alternatively, those in a de facto relationship have a time limit of two years after the date of separation. Due to the time limits it is important that legal advice is obtained at the earliest possible opportunity, even if this means that action is not taken at that time but in the future prior to the relevant time limit. You can find our 50 questions book on the Family Law page of our website https://ofrm.com.au/family-law

03.01.2022 With the tulips blooming and Bendigo now enjoying Step 3, we are able to meet with you to sign documents. No need to delay organising your Will - you can book an appointment online, we will have an initial discussion via zoom and then arrange a suitable way to meet with you to sign https://ofrm.com.au/book-now

03.01.2022 Who would have thought at the start of the crazy journey we have all been on for the last 6 months that the Bendigo property market would be booming? Of course, at OFRM we have known for years that Bendigo is the best place to live & work - it's only taken a pandemic for a lot of other people to realise that! With the Bendigo property market so hot right now, you want to make sure you have the right legal team looking after your conveyancing.... Mark O'Farrell is able to assist you with all your conveyancing matters, whether that's making sure the virtual paperwork is in order so you can get that enthusiastic buyer signing online or that you are the one ready to purchase the property of your dreams. Give Mark a call on 5445 1030.

03.01.2022 Here's another Q&A excerpt from our family law booklet The 50 Questions You Want to Ask About Divorce and Separation Do I have to attend mediation regarding the children? In most cases, you will need to attend Family Dispute Resolution before you are able to issue Court proceedings for parenting matters. This is a special type of mediation for families.... This is because the Family Law Act requires that parents must make a genuine effort to resolve parenting disputes and obtain a 60I Certificate before they can issue proceedings. A Section 60I Certificate is issued by a Family Dispute Resolution Practitioner. The different types of certificates they can issue are: You did not attend because the other party refused or did not attend; You did not attend because the practitioner considered that in your circumstances it would not be appropriate to conduct the family dispute resolution; You did not attend, and the parties did not make a genuine effort to resolve the issues; You and the other party did attend but one of the parties did not make a genuine effort to resolve the issues; You and the other party attended but the practitioner considered that it would not be appropriate to continue. There are exceptions to the requirement for a Section 60I Certificate, such as in matters where there has been family violence, or urgent matters. Court Applications seeking an exemption from filing a Section 60I Certificate need to be carefully drafted. You can read more of our Family Law Q&A at https://static1.squarespace.com//50+Top+Family+Law+Questio

02.01.2022 From managing your own inbox, you are no doubt well aware there is a fine line between marketing and spam. Get the balance wrong and you don't just risk annoying current and potential customers, you can also get yourself into legal hot water - including some hefty fines. In today's article OFRM business lawyer Lachlan Edwards explains his hot tips for legally correct online marketing. ... https://ofrm.com.au//marketing-your-business-the-right-way