When do children have a choice in Family Law matters?
Parents often raise with me the question of “When do my children’s opinions on who they should live with come into consideration?” The short answer is the Court does not have to take into consideration their opinion, but may do so if they believe it appropriate and they may add whatever weight they believe it […]
Do It Yourself Wills – Okay or Not?
I have only seen a few, but when I have, It’s not that there is something necessarily wrong with them, but the problems may lie in how you fill them out. If anything is uncertain in the filling out of your wishes, the cost of grief to the family and rectification by Courts can be […]
What Are The Different Types of Wills?
The short answer is: quite a few, but not a lot! It really depends on your circumstances. Let’s look at it from different types of circumstances and which Will fits best. 1. The single young(ish) person/couple with no children. A Simple Will may suffice. You give your estate to your parents. Failing that, to your […]
Can Verbal Contracts Be Enforceable?
Can verbal contracts be enforceable? The short answer is yes, they can. The question therefore really is, have you entered into an oral contract and thus, what is an oral contract? So, from the outset, a contract does not have to be in writing. It can take the form of a verbal agreement. Although not as […]
What Happens To My Pets When I Die?
I am often asked this question when carrying out estate planning for my clients. The fact of the matter is, unless you provide for what is to happen to your pets in your will, then it will be up to the executor of your will to decide. That could have consequences that you may not […]
My spouse cheated on me. What should I do?
Without getting into the details of extra-marital affairs and whether you should leave a party or not, this column is really about what you do next and the impact upon you and the Court’s views, as a consequence. Only some matters end up in Court and some are finalised outside of Court. But however your […]
Family Law – what is mediation and is it helpful?
Family Law Mediation, in its most honest form, simply means the last chance you have to make the decisions, as Parents regarding your children, and/ or property matters. If you forgo these decisions, then you will be letting a judge decide the most important matters in your life, ie., what times you see your children, […]