Category: Legal

Within Australian immigration law, there are visas of kinds for anyone wishing to live in Australia. Many relate to families such as parent visas and partner visas. Another of these family visas applies to couples planning to get married. It is called the Prospective Marriage Visa, although you may hear it being referred to as the “Fiancé Visa”. You may also see it referred to as “Subclass 300”.  Here is everything you need to know about it.

Who Is The Prospective Marriage Visa For?

This visa exists for couples who plan to marry but where one of them is an Australian citizen or permanent resident and the other is not. Specifically, it applies to those who are

• Living outside Australia
• Intending to marry an Australian citizen or permanent resident of Australia
• Do not meet the requirements for a de facto or spousal visa, such as a partner visa

To discover that a spouse has been unfaithful must surely be something that rocks a person to the core, whether they have been married for three or thirty years. Knowing that the person who promised to be faithful ‘until death do us part’ has been anything but, can also generate emotions ranging across a scale from grief to sheer and outright hatred.

What follows the discovery of infidelity can vary, but when you consider that infidelity is cited as one of the top four reasons why married couples divorce, then it suggests that divorcing their cheating partner is the choice many wronged spouses make.

Before the first meeting with their family lawyer takes place, the client is often under the false impression that because their partner has committed adultery, they are going to be able to use that against them. Further, they fully expect that infidelity will mean that the financial settlements resulting from the divorce will be more beneficial for them. The simple fact is none of those assumptions is correct.

In most cases where a married couple or a couple who are in a de facto relationship decide to separate, the normal course of events would see one of them move out of the home they share. They might contact their family lawyers for advice, and In the majority of cases, although the couple might have some disagreements over any future divorce, the agreement to live in separate homes is done amicably.

Unfortunately, there can be a scenario where no such agreement can be made, and despite the couple’s relationship being completely broken, neither of them is prepared to move out and insists that they remain. There can be many reasons for this, and the solution is not always that easy to find.

This stems from the fact that Australian family law does not provide any legal basis for one party to a marriage or de facto relationship insisting that their partner or spouse move out, simply on the basis that the relationship has run its course, and they want them out. Even calling the police, or going to court, on the basis you hate your ex is not going to get you far, and will certainly not result in them being told to leave.

Whenever the matter of visitation rights with respect to children within a marriage that has seen parents get divorced is discussed, a certain group of people is omitted from that discussion, and that is the child’s grandparents. Family lawyers at www.culshawmiller.com.au are approached every day by grandparents of children who have been effectively cut out of that child’s life, having done nothing wrong themselves.

Often the only reason that they find themselves unable to see their grandchildren, is that they happen to be parents themselves, and their son or daughter just happens to be on the other side of the fence of the ex-spouse who is the parent of their grandchildren. As a result, and especially when a divorce is acrimonious, it can mean grandparents are on the outside looking in, and as such have no contact with their grandchildren.

Almost all the legal frameworks with regards to children of divorced parents are found within the Family Law Act of 1975. This act, rightly or wrongly, does not state nor stipulate that grandparents have any rights with regards to their grandchildren such as the right to have contact with them.

However, it is not just with regards to grandparents that the Family Law Act has something to say about rights. Parents themselves, under the law, have no rights with respect to their children. Instead, parents have a responsibility for the welfare of their children, and this point brings us to one of the fundamental intentions of those who legislated and brought the Family Law Act on to the statute books.

Buying a small business is something that must be done with care, because if it is not, as commercial lawyers will tell you, the legal and financial ramifications can be dire. Many a lifetime’s worth of savings has been lost by someone trying to short cut all the due diligence and other checks, only to find themselves left with massive liabilities, and a business that is not what it seemed.

Of course, there are many positives to buying a business, rather than starting one from scratch. These obviously include the fact that the infrastructure is there to allow you to trade immediately, and there is already a level of cash flow. You are also able to take advantage of the fact that the business has an existing client base.

However, all of these can only occur if the process you go through ensures that you have covered yourself against any issues or losses. Do not let the excitement of owning the business cloud your judgement or lower your guard with regards to being caught out.

Obviously, employing a commercial lawyer to help oversee the purchase of the business and to ensure that all the legal elements are correct, including the purchase contract, is certainly going to make a huge difference. Beyond that, there are also several other steps you can take to protect yourself, and one of them is to look out for the following red flags.

There are many ways to get into trouble and sometimes the consequences of doing something on impulse are far reaching – even devastating. The first and foremost thing to do if you get into serious trouble with the law is to contact someone for help. They will even come to the police station, if that is where you are, and see what the trouble is about. Then they will be able to post bail to get you out of gaol, or they may be able to make the police let you go, if they are holding you without enough evidence.

You have a right to some kind of legal aid. If you can’t afford a lawyer, one that offers their services for free will be designated. While this is better than none, it is much better to get your own as they tend to work harder on your behalf. When speaking to your criminal or family lawyer, it is always best to tell them the truth of the matter so they can form a better idea of what will happen to you and how they can best help you. The truth usually comes out in the end anyway, so you can be a few steps ahead by telling your lawyer exactly what happened.

Why good behaviour is best

However, sometimes you can get into trouble that is not so serious. If you are picked up by police or even just come into contact with them it is best if you behave politely and respectfully. If you use the services of criminal lawyers, they will tell you that if you even swear around police – rather than at them – they can arrest you.