Shaw & Co Lawyers in Browns Plains, Queensland | Criminal lawyer

Shaw & Co Lawyers

Locality: Browns Plains, Queensland

Phone: +61 1300 488 108

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• Estate planning solicitor
• Criminal lawyer

19.01.2022 Welcome to Shaw & CO Lawyers Shaw & Co Lawyers are an Australian based law firm with offices in Brisbane, Beenleigh and the Gold Coast and we offer a national service across Australia. We at Shaw & Co Lawyers can provide you with professional and practical legal advice in relation to all areas of Family law including Domestic Violence, children and property disputes. We can also represent you in court for all family matters and also for civil matters such as traffic offences ...and driving disqualifications. We also offer our clients a mobile service, guaranteed fixed prices and time payments on many court applications. At Shaw & Co Lawyers we listen to our clients and strive to exceed our clients expectations by providing a service which is practical, economical and transparent and one which delivers outcomes that align with our clients needs. See more

15.01.2022 CAN YOUR FORMER PARTNER REACH INTO YOUR POCKETS YEARS AFTER YOUR SEPARATION? Were you married in a relationship that ended after 1 year or more or do you have a child from that relationship? Were you in a de facto relationship that ended after a couple of years? Did you formalise the ending of your relationship with the Family Court of Australia or with the Federal Circuit Court of Australia? If you answered yes to the first two questions and you never formalised your prope...rty settlement With your former partner from that relationship you may find that your former partner has the legal right to take you to court to split your assets including super, ten, twenty or thirty years later after the relationship has ended. In cases where you were married and not divorced or where a property settlement has not been formalised after a divorce, this is a common occurrence. Section 44(3) of the Family Law Act 1975 provides that former spouses have 12 months from the date of their divorce to commence property settlement proceedings before they are out of time. The time limit for de facto partners pursuant to section 44(5) is two years from the date the relationship ended. Therefore even if you have been granted a divorce and even if the 12 month and two year limitation periods have expired it is not too late for your former partner to commence a property settlement proceedings against you. Your former partner has the legal entitlement to commence a property settlement proceedings at any point in the future if they can satisfy to the court that hardship would be caused to themselves or to their children if they were denied the right to commence a property settlement. Therefore please keep in mind that if your relationship has ended that you need to formalise your property settlement and not rely on your former partner to honour any agreements made at the time of separation, please remember that protection is always better than a cure. See more

02.01.2022 IS YOUR WILL UP TO DATE I received a call from a lady who said that she wanted to update her Will and so I sent her our online questionnaire and I waited for her to return it so I could draft the Will. About 2 weeks went by and I decided to call her to see if she needed any help with the information required in the questionnaire. I called the woman and left a message and thought that like most people when preparing a Will they think that they have plenty of time and leave the... Will to a later time in their life, so I didnt call the lady again. About 2 months later I received a call from a male who was in a state of stress, crying and confused and he asked me if I had completed the Will for his mother and he told me her name. I told him that I had spoken to her and that I had sent her a questionnaire and that I had called her a couple of weeks later and left her a message on her phone but she did not respond. The male in tears said that he saw our half completed questionnaire on her mothers breakfast bar and he had hoped that she had completed it and he told me that his mother was killed in her car waiting for the lights to change. Apparently a stolen car was being chased by the Police and the stolen car hit her while she was waiting for the lights to change and killed her instantly. This was a terrible situation as not only did this man and his sibling lose their mother who was only 45 years of age but her last Will had not been changed and it left everything to her husband who had separated from her, and the mother and children had removed him from their lives. The problem for the son was that I had to tell him that because the father was the beneficiary under the Will and because his mother had not changed her Will then his father would receive her estate which he told me was worth around $800,000. I also told the son that he could try and contest the Will and try and prove to the Court that his mother would not have wanted her former partner to inherit her estate to give him some hope however even if he is able to prove this it will cost a significant amount of money to do so. Another problem the son faces is that the father will not have to pay anything to defend his right to the inheritance as the money to pay all his legal fees will be paid by the deceased mothers estate. I can only imagine what the mother would think about the expensive legal costs that her children are now facing and the possibility that they may end up with nothing and the person who she didnt want to give anything to ends up with everything and also that her estate will pay all the fathers legal costs. This could have been avoided if the mother would have completed our questionnaire, please check your Wills so that you and your families have peace of mind that this tragic situation isnt repeated by you to the detriment of your families.