Linda Emery & Associates

How A Solicitor Helps With Selling Your Home

Fri, 30 Jan 2026 03:26:03 GMT

Selling a home often looks straightforward from the outside. The sign goes up, inspections begin and an offer is accepted. Behind the scenes, however, a sale involves detailed legal steps that must be handled correctly to avoid delays, disputes or financial risk. This is where a solicitor becomes essential. Many families only realise the complexity of the process once contracts, disclosures and settlement dates start piling up.

Working with a solicitor on the Central Coast allows for every stage of the sale to be managed carefully, from the first document to the final transfer. A solicitor’s role is not just administrative. It is protective, strategic and designed to make the entire transaction run smoothly.

Preparing the Contract Before Your Home Hits the Market

Reviewing Title, Zoning & Property Details Early

Managing Legal Disclosures Without Guesswork

Negotiating Contract Changes When Buyers Push Back

Handling Cooling-Off Periods & Legal Timeframes

Protecting You From Hidden Legal Risks After Exchange

Coordinating Settlement With Agents, Banks & Buyers

Providing a Smooth Settlement & Legal Finalisation

Before a property is listed, the contract of sale needs to be prepared correctly. This document sets the legal foundation for the entire transaction and must comply with property laws.

A solicitor prepares the contract by:

Drafting the sale agreement with correct legal wording
Including mandatory certificates & disclosures
Checking ownership details are accurate
Identifying issues that could delay exchange

Preparing the contract early helps agents market the property confidently and allows buyers to review terms without delay.

Title and zoning issues can derail a sale if they are discovered too late. A solicitor reviews these documents early to mitigate surprises once negotiations begin.

This review typically involves:

Checking ownership & boundaries
Confirming easements or restrictions
Reviewing zoning & planning controls
Identifying inconsistencies in property records

Addressing these matters upfront helps avoid renegotiation or withdrawal later in the process.

Property sellers are legally required to disclose certain information to buyers. Missing or incorrect disclosures can lead to disputes or contract termination.

A solicitor manages disclosures by:

Confirming what must be disclosed under current regulations
Checking that documents are accurate & complete
Reducing the risk of post-sale claims
Advising on how to present information clearly

This step protects sellers from unintended legal exposure.

Buyers often request changes to the contract after reviewing it. These requests can involve settlement dates, special conditions or price-related clauses.

A solicitor assists by:

Reviewing proposed amendments
Explaining legal implications clearly
Negotiating changes that protect the seller
Updating documents accurately

Having a solicitor manage negotiations makes certain decisions are informed rather than rushed.

Property sales involve strict timeframes that must be followed precisely. Cooling-off periods and exchange deadlines are particularly important.

A solicitor manages timing by:

Tracking cooling-off dates
Making certain an exchange occurs correctly
Advising when contracts become binding
Preventing missed deadlines

This oversight reduces stress and provides legal compliance throughout the sale.

Once contracts are exchanged, sellers may assume the work is done. In reality, risks can still arise before settlement.

A solicitor continues protecting the seller by:

Monitoring conditions that must be satisfied
Addressing unexpected buyer issues
Managing legal notices if problems arise
Imposing compliance until settlement

Ongoing legal oversight prevents last-minute complications.

Settlement requires coordination between several parties, all working to the same timeline. Any delay can cause frustration or financial loss.

A solicitor coordinates settlement by:

Liaising with banks & conveyancers
Confirming payout figures & adjustments
Managing documentation transfers
Making certain funds are ready on settlement day

This coordination keeps the process efficient and organised.

Settlement day marks the legal completion of the sale. A solicitor makes certain ownership transfers correctly and funds are distributed as agreed.

Finalisation includes:

Confirming receipt of funds
Completing title transfer documentation
Confirming discharge of any mortgages
Providing confirmation of completion

This final step delivers peace of mind and closure.

We at Linda Emery & Associates support families selling property across the Central Coast, guiding each transaction with clarity, care and legal precision. If you are planning to sell and want the confidence that comes from working with a knowledgeable solicitor on the Central Coast, visit https://lindaemery.com.au/ to arrange a consultation and take the next step with confidence.

Divorce Vs Separation: What’s The Difference?

Wed, 29 Oct 2025 03:45:16 GMT

Relationship breakdowns are challenging, and for many people in the Central Coast, the terms divorce and separation are often confused. While they both mark significant changes in a couple’s life, they carry very different legal and practical consequences. Understanding how they differ can help you make more informed decisions about property, finances, and—most importantly—parenting arrangements.

This article explores the differences between separation and divorce, focusing on what each means, the steps involved, and how family lawyers on the Central Coast can guide these transitions.

Understanding Separation & Its Immediate Impact

At Linda Emery & Associates , we understand that separation and divorce bring many questions and uncertainties. If you live on the Central Coast and need guidance on custody arrangements, property division, or the divorce process, we invite you to contact us. Visit our contact page or give us a call to arrange a consultation. Taking this step can clarify your next move and help you plan for the road ahead.

Financial & Property Considerations

Parenting Arrangements During Separation & Divorce

Divorce as a Legal Dissolution of Marriage

Speak With Us Today

Moving Forward with Support

When to Seek Legal Guidance

Separation occurs when one or both partners decide to live apart with the intention of ending the relationship. Although it does not require a court order or paperwork, it is still a serious step that affects many areas of life.

The immediate impact of separation often involves changes in living arrangements, responsibilities, and finances. When children are involved, separation can raise questions about where they will live, how much time they will spend with each parent, and how decisions about their welfare will be made.

During separation, people often find it helpful to consult family lawyers on the Central Coast to clarify their rights and responsibilities. These lawyers can assist in drafting parenting arrangements or agreements that reduce uncertainty.

When thinking about separation, some key points to keep in mind include:

Separation does not require a formal application but can be legally recognised when demonstrated through actions such as living apart or changing financial arrangements.
Parents may need to discuss how children spend their time between households, which can be documented in a parenting plan.
Financial arrangements, such as who pays the mortgage or household bills, may need to be addressed early in the separation process.

Unlike separation, divorce is a formal legal process that ends a marriage. In Australia, divorce applications are made to the Federal Circuit and Family Court, and the law requires that the marriage has broken down irretrievably. Generally, the couple must have lived separately for at least 12 months before applying.

Divorce changes a person’s legal status, allowing them to remarry and finalise certain financial matters. It also starts the clock for time limits on property settlement applications.

If you are considering divorce, speaking with Divorce Lawyers on the Central Coast can help you understand the paperwork involved and the potential impact on your circumstances.

Essential aspects of the divorce process include:

The requirement of 12 months’ separation before applying may consist of periods of separation under one roof.
Applications can be made jointly by both parties or by one person alone.
Divorce does not decide property division or parenting arrangements; these are dealt with separately.

For parents, separation and divorce raise questions about children’s well-being and how parental responsibilities will be shared. In Australian family law, the child’s best interests are the guiding principle for any parenting arrangement.

Parenting arrangements can be informal agreements between parents, written parenting plans, or court-ordered arrangements. Family lawyers on the Central Coast can provide guidance to help parents develop agreements that focus on stability for children while reducing conflict.

Some of the main areas covered in parenting arrangements include:

Where will the children live, and how much time will they spend with each parent?
How decisions will be made about schooling, healthcare, and other essential matters.
How parents will manage holidays, birthdays, and special occasions.
What methods will be used to resolve disputes if disagreements arise in the future?

Clarity in these arrangements helps children adjust to changes in family structure and gives parents a framework for co-parenting.

Separation does not automatically resolve financial matters or property division. Couples often need to make decisions about how to divide assets, debts, and resources, including the family home, superannuation, vehicles, and even household contents.

Whether a couple is separating or divorcing, property settlement is usually approached by identifying assets and considering each person’s contributions during the relationship. Divorce Lawyers on the Central Coast can assist in explaining the steps involved and the time limits for making applications.

When looking at financial and property considerations, these factors are often important:

Assets and debts are considered jointly, regardless of whose name they are in.
Non-financial contributions, such as caring for children or maintaining the home, are considered.
Superannuation may be split between parties as part of the settlement.
Property settlement applications generally need to be made within 12 months of a divorce becoming final.

By addressing financial matters early, couples can reduce uncertainty and plan for the future.

Whether you are at the stage of separating or considering divorce, legal advice can provide clarity and support during a complex time. A lawyer can help prepare documents, negotiate agreements, and explain how the law applies to your situation.

Parents, in particular, may benefit from guidance about child custody, as this area can quickly become complicated without clear arrangements in place. Family lawyers on the Central Coast often assist with developing strategies that focus on the children's best interests while helping parents reach practical outcomes.

When considering whether to seek legal guidance, it may help to think about the following:

If there are disagreements about child custody or living arrangements.
If property or financial matters need to be formally divided.
If you are unsure how separation affects your legal rights and responsibilities.
If you are ready to apply for divorce and need assistance with the application process.

Deciding to separate or divorce is rarely straightforward, and it can feel overwhelming without clear information. Understanding the distinction between the two is an essential first step. Separation marks the decision to live apart, while divorce is the legal process that formally ends a marriage. Both stages involve essential decisions about children, property, and finances.

Seeking guidance from divorce or family lawyers on the Central Coast can help you navigate these transitions more confidently.

What Happens If You Pass Away Without a Will

Mon, 20 Oct 2025 05:31:03 GMT

Have you ever wondered what would happen to your assets if you passed away without a will? It’s a question that many people put off answering, but planning ahead can make a real difference for loved ones left behind. In Australia, if someone dies without a valid will, they are considered to have died intestate. When this happens, a specific legal process is followed to determine how assets are distributed. While this system is designed to be fair, it may not always reflect your personal wishes or family structure.

In this blog, we’ll explore what it means to die intestate, how assets are distributed under intestacy laws, and why understanding estate law on the Central Coast is important for protecting your financial intentions and the future of your family.

What Is Intestacy?

Intestacy occurs when a person dies without a legally valid will. A will may be considered invalid if it hasn’t been properly signed or witnessed or if the person lacked the mental capacity to create it. Partial intestacy can also occur—this happens when a will exists but doesn’t cover all assets or beneficiaries, or if the named executor is unable to act, for example, if they have passed away or the executor can not carry out the duties, i.e., they have died.

In these situations, the distribution of the estate is managed according to a specific set of rules under each state’s succession laws. In New South Wales, the Succession Act 2006 (NSW) outlines how assets are to be distributed when no will is in place. The law follows a prescribed order of relatives who may inherit, starting with the spouse and children.

Who Administers the Estate?

Without a will to name an executor, an application needs to be made to the court to appoint someone—usually a close family member or the person with the greatest entitlement to the estate. This person must apply for Letters of Administration, which gives them legal authority to manage the deceased person’s assets, pay debts, and distribute what remains according to intestacy laws.

This process may take longer than probate (the court’s formal recognition of a will), and the person handling the estate must comply with specific legal and administrative requirements.

How Assets Are Distributed Without a Will

The distribution of assets depends on who survives the person who has passed away. The law recognises a hierarchy of relationships to determine who inherits.

Here’s how distribution is typically structured:

If there is a spouse (married or de facto) and no children:

The entire estate generally goes to the spouse.

If there is a spouse and children from the same relationship:

The spouse may receive the whole estate, depending on the asset structure and value.

If there is a spouse and children from a different relationship:

The estate is usually divided between the spouse and the children.
The spouse may receive personal items, a statutory legacy (a set monetary amount), and half of the remaining estate, while the other half is divided among the children.

If there is no spouse, but there are children:

The estate is divided equally between the children.
If a child has predeceased the parent, their share may pass to their children (the deceased’s grandchildren).

If there is no spouse or children:

The estate passes to parents, then siblings, nieces and nephews, grandparents, and more distant relatives in a specific order defined by law.

If there are no living relatives:

The estate may eventually pass to the state under a process known as bona vacantia. This is rare, but it can happen when no eligible beneficiaries are found.

Special Considerations for Property & Assets

Dying without a will can complicate the distribution of certain assets, particularly when ownership is shared or financial arrangements are complex. Some important considerations include:

Real Estate : Property owned as joint tenants automatically passes to the surviving owner, while property held as tenants in common is subject to intestacy rules.
Superannuation : Super is not automatically included in the estate and may be distributed according to the trustee’s discretion unless a binding nomination is in place.
Life Insurance : Policies with nominated beneficiaries may bypass the estate entirely.
Joint Bank Accounts : These often pass directly to the surviving account holder.

Understanding how these assets are treated can help ensure the right structures are in place to align with your wishes.

Why a Will Matters

A will allows you to make clear, legally recognised decisions about what should happen after your death. It gives you the opportunity to:

Appoint a trusted person as executor.
Distribute your estate in the way that best reflects your personal and family situation.
Make specific gifts to individuals or charities.
Appoint guardians for your children if they are under 18.
Provide for blended families or non-traditional relationships that intestacy laws may not consider.

Without a will, these decisions are made according to legal defaults that may not account for personal dynamics or future planning.

Common Misunderstandings About Intestacy

There are several assumptions that can lead people to delay making a will:

“My spouse will automatically receive everything.”
This is not always true, especially if there are children from previous relationships or jointly owned property.
“I don’t have enough assets to need a will.”
Even modest estates can create confusion or conflict if wishes are not clearly stated.
“My family will sort it out fairly.”
Disagreements can arise even in close families, particularly if the legal default doesn’t align with expectations.

Preparing a will helps avoid uncertainty and can reduce stress for loved ones at a difficult time.

How to Plan for Future Security

While no one can predict the future, taking steps to plan ahead may make a difference in how your estate is managed. Some helpful approaches include:

Preparing a legally valid and updated will.
Keeping a secure list of assets, liabilities and key contacts.
Reviewing superannuation nominations and account structures.
Considering enduring powers of attorney and guardianship arrangements.
Seeking legal advice to address complex family arrangements or business ownership.

These actions are not just about distributing assets—they’re also about protecting the people and responsibilities you care about.

Contact Us to Discuss Your Estate Planning Options on the Central Coast

At Linda Emery & Associates, we provide guidance across all areas of estate law on the Central Coast, supporting individuals and families who want to plan with clarity and care. If you’re considering your estate options or have questions about what may happen without a will, we welcome you to get in touch for practical advice tailored to your circumstances.

AVO vs Restraining Order: What’s the Difference?

Tue, 14 Oct 2025 02:11:49 GMT

Understanding the available options is an important first step when seeking legal protection from threats, intimidation, or harassment. Terms like Apprehended Violence Order (AVO) and Restraining Order are often used interchangeably, but they are not the same. Each serves a different legal purpose, applies in different jurisdictions, and offers specific protections depending on the situation. This article breaks down the differences between AVOs and Restraining Orders and explores how they apply in domestic and non-domestic contexts.

What is an AVO & How Does it Work in Protecting Someone From Personal Threats?

An Apprehended Violence Order (AVO) is a court order that restricts a person from engaging in particular behaviours toward another individual. It is typically sought by someone who fears violence, harassment or intimidation. While commonly associated with domestic situations, AVOs also apply to broader personal disputes.

AVOs are governed by state legislation and include specific prohibitions tailored to the applicant’s concerns. The person against whom the order is made does not receive a criminal record simply by having an AVO in place, though breaching the order is a criminal offence.

AVOs are sought through local courts and require applicants to show reasonable grounds for their fears.
They may include conditions like not contacting the protected person or going near their home or workplace.
Orders can be sought by the person affected, their guardian, or the police.
Legal support services assist individuals in navigating the application and court process.

How Does a Restraining Order Differ From an AVO in Scope & Eligibility?

While AVOs are specific to certain states and usually involve personal violence concerns, Restraining Orders are broader and more commonly associated with non-violent disputes in civil matters. In Western Australia, for instance, Restraining Orders serve a similar purpose to AVOs in NSW, but the terminology and legal mechanics differ.

The type of order that applies depends on jurisdiction, the relationship between parties, and the nature of the conduct prompting concern.

Restraining Orders are more general and may address issues beyond violence, such as stalking, property damage or repeated unwanted contact.
They often apply in commercial, neighbourhood or online harassment situations where physical safety is not necessarily threatened.
The application process and order conditions differ depending on which state or territory the matter falls under.
It’s important to seek accurate legal information that aligns with the specific type of order being pursued.

Exploring Apprehended Domestic Violence Orders: When Family Safety is at Stake

An Apprehended Domestic Violence Order (ADVO) is a specific type of AVO made to protect people from someone with whom they have a domestic relationship. This includes partners, ex-partners, relatives, carers and others residing in the same household.

ADVOs are issued when a person fears physical harm, intimidation, stalking or other forms of abuse from someone close to them. These matters are often emotionally charged and may also involve children.

ADVOs are commonly applied for by police on behalf of victims, especially in urgent or high-risk situations.
They often include conditions that restrict contact, prohibit visits to certain locations, or require the person named to vacate a shared residence.
Courts assess whether the fear of harm is reasonable and consider past behaviours and ongoing risks.
Applications can proceed alongside other legal actions, such as parenting orders or criminal charges.

Understanding Apprehended Personal Violence Orders: For Non-Domestic Conflicts

Apprehended Personal Violence Orders (APVOs) protect someone with whom there is no domestic relationship. This might include neighbours, acquaintances, colleagues or even strangers. These orders are designed for situations where one person’s behaviour causes another to fear for their safety outside of a domestic context.

APVOs follow a similar process to ADVOs, but are generally initiated by the individual seeking protection rather than by police.

Common reasons for APVOs include ongoing harassment, verbal threats, property interference or following someone in public.
Applicants must present evidence of a pattern of behaviour or a specific incident that justifies the court’s intervention.
APVOs do not apply to family or intimate relationships; an ADVO would be more appropriate in such cases.
Court services may support applicants in preparing documents and attending court hearings.

Navigating Court Processes When Applying for an ADVO

Imagine a person who has recently separated from their partner and feels threatened by repeated late-night visits and hostile messages. They decide to apply for an ADVO to seek protection through the court. Attending the hearing may feel daunting, particularly if they’ve never been involved in legal proceedings.

This is where court support services can assist by helping applicants understand what to expect, guiding them through court etiquette, and attending the hearing if necessary.

The applicant may be required to give evidence in person or via audio-visual link.
Safety arrangements can often be made to minimise contact with the respondent before or during the hearing.
Orders can be granted on an interim basis if there is an immediate risk.
Legal professionals may be involved, and applicants can bring support persons for reassurance.

What to Expect After an APVO is Granted

Once an Apprehended Personal Violence Order is issued, both parties receive a copy outlining the conditions imposed. These conditions must be followed precisely, and any breach may lead to criminal charges. The person protected by the order may have concerns about whether the other party will comply.

Understanding the order’s scope and staying informed about follow-up steps is vital for both sides.

Orders typically last for a fixed period but can be extended by returning to court.
Police can intervene if any part of the order is breached.
If the matter continues, the protected person may need to provide updates or evidence.
Records of court appearances are kept and may be relevant in future proceedings.

Need Help with Court Appearances on the Central Coast?

At Linda Emery & Associates, we understand how stressful and unfamiliar court processes can feel. If you need help attending court for matters involving AVOs, Restraining Orders or related issues, we can attend on your behalf or support you through the process. Get in touch via our contact page to discuss how we may assist you in managing your court attendance.

Divorce & Child Custody: What Parents Need To Know

Thu, 02 Oct 2025 01:51:45 GMT

Separating from a partner can be one of life’s most challenging experiences, especially when children are involved. For many parents, the uncertainty around custody arrangements adds to the emotional strain. Understanding how decisions are made under Australian family law can help parents prepare for the next steps, make informed choices, and focus on their children’s well-being.

In Australia, parenting arrangements after separation are guided by a key principle: what is in the child's best interests. Custody can be arranged in several ways, from informal agreements to court orders. Below, we explore important aspects of child custody that parents should know, covering legal terms, common arrangements, and the role of divorce lawyers on the Central Coast in navigating these matters.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

The Family Law Act states that the child’s best interests are the most important consideration in custody decisions. This means the court—and parents making their own arrangements—focus on what will best support the child’s welfare and development.

Factors that may be considered include:

The child’s safety, including protection from harm, neglect, or exposure to violence
The benefit of the child having a meaningful relationship with both parents
The capacity of each parent to provide for the child’s emotional and physical needs
The likely effect of changes in the child’s living arrangements
The child’s own views, depending on age and maturity

Understanding this principle helps parents approach custody discussions with the child’s needs at the centre.

A parenting plan is a written agreement between parents that sets out the arrangements for the child. It is not legally enforceable like a court order, but can help avoid misunderstandings and disputes.

A parenting plan may cover:

Where the child will live and the time spent with each parent
How school holidays, birthdays, and special occasions are shared
Decision-making about education, healthcare, and religion
How parents will communicate about the child’s needs

Parenting plans can be particularly useful when parents collaborate and agree on arrangements without court involvement. If circumstances change, the plan can be reviewed and updated by mutual agreement.

Understanding the ‘Best Interests of the Child’ Principle
The Difference Between Sole Custody & Shared Parenting
How Parenting Plans Work & When They’re Used
When the Court Becomes Involved in Custody Matters
Considering the Child’s Voice in Custody Decisions
Managing Custody When Safety Concerns Arise
Modifying Custody Arrangements Over Time
The Role of Divorce Lawyers in Navigating Custody Disputes
Discuss Your Custody Questions With Our Team

Custody in Australia is often referred to as “parental responsibility,” which covers decision-making about a child’s upbringing. While care arrangements can vary, sole custody and shared parenting are two common structures.

Sole custody

One parent is primarily responsible for major decisions about the child’s life.
The child may live primarily with this parent, with varying arrangements for time with the other parent.

Shared parenting

Both parents share decision-making responsibility, regardless of where the child lives.
Time with each parent can be equal or in another proportion that suits the child’s needs.

The right arrangement depends on the circumstances, including the practicality of sharing care and the ability of parents to communicate constructively.

While many parents reach agreements without going to court, there are situations where legal intervention may be necessary. This can occur if:

Parents cannot agree on arrangements
There are concerns about a child’s safety or welfare
One parent wishes to relocate with the child, and the other disagrees
Urgent orders are required to protect the child

When a court becomes involved, it will hear evidence from both parents and may consider expert reports before making parenting orders. These orders are legally binding and cover both living arrangements and parental responsibility.

Sometimes, a child’s views may be considered when deciding custody. This does not mean the child decides, but their perspective can provide insight into what may work best for them.

Factors affecting how the child’s views are considered include:

The child’s age and maturity
The reasons for their expressed views
Whether the child has been influenced by one parent or other people
The potential impact of their preference on their well-being

Children’s views may be gathered through a family consultant or independent children’s lawyer, rather than directly in the courtroom.

If there are allegations of family violence, abuse, or neglect, the court will take these matters seriously and prioritise the child’s safety. In such cases, arrangements may differ significantly from typical shared care models.

Possible measures may include:

Supervised visits to maintain a safe environment
Restrictions on communication between parents
Limiting overnight stays until risks are addressed
Orders for intervention programs or counselling

These situations can be complex, and legal advice from family lawyers can help parents understand the processes and safeguards available.

Custody arrangements are not necessarily permanent. As children grow, their needs, routines, and preferences may change. Significant changes in a parent’s circumstances can also lead to a review of existing arrangements.

Common reasons for modification include:

Changes in a parent’s living location or work schedule
The child’s educational or health needs evolving
Safety concerns arising after the original order or agreement
The child expressing a wish for different arrangements

To modify court orders, parents must demonstrate a substantial change in circumstances and that the new arrangement is in the child’s best interests.

Understanding the ‘Best Interests of the Child’ Principle

The Difference Between Sole Custody & Shared Parenting

How Parenting Plans Work & When They’re Used

When the Court Becomes Involved in Custody Matters

Considering the Child’s Voice in Custody Decisions

Managing Custody When Safety Concerns Arise

Modifying Custody Arrangements Over Time

The Role of Divorce Lawyers in Navigating Custody Disputes

Child custody can be one of the most sensitive aspects of a separation. Divorce Lawyers Central Coast can assist parents in understanding their rights and obligations, preparing necessary documents, and representing their position in negotiations or court proceedings.

They may help with:

Drafting or reviewing parenting plans
Preparing court applications and affidavits
Advising on likely outcomes based on current legislation and case law
Communicating with the other parent or their legal representative to resolve disputes
Guiding clients through mediation or family dispute resolution

Having guidance through the process can make it easier for parents to focus on supporting their children during a challenging time.

Discuss Your Custody Questions With Our Team

At Linda Emery & Associates , we understand the difficulties of navigating separation and child custody matters. Our family lawyers on the Central Coast can help you explore options, prepare agreements, or represent you in court proceedings if necessary.

If you are facing decisions about custody arrangements and need clear, practical guidance, contact us via our website to discuss your circumstances and arrange a consultation.

Signs You Need The Help Of A Solicitor On The Central Coast

Wed, 04 Jun 2025 23:24:48 GMT

For the most part, it is fair to assume that the majority of people will have to come into contact with a solicitor at some stage in their life. The notion of enlisting the services of such a professional might seem daunting to someone who has never experienced it before, but here at Linda Emery & Associates we want all potential clients to see that working with us is a simple and stress free process.

We work tirelessly on behalf of dozens of clients a day to represent their needs and best interests in a wide variety of situations.

With that in mind, here are some of the most common situations and problems for which you might have to enlist solicitors on the Central Coast

Family Law

Family matters can be difficult to navigate for emotional reasons. Having an experienced solicitor sort through parenting matters , binding financial agreements, consent orders, spousal maintenance , or a divorce can make the process much simpler. Having someone on your side during a difficult situation can make all the difference.

Criminal Offence

If you have been charged with committing a criminal offence, then you will need the representation of a solicitor to present your case. This doesn’t always have to be a serious crime. Sometimes it is arguing against things like parking tickets, speeding fines, or domestic violence or neighbourhood disputes.

Updating A Will

Away from the criminal side of things, a solicitor is also needed if you want to do something like update or change your will. A solicitor is needed to witness the document in a professional, binding manner to make sure that everything you have changed becomes official.

Debt Problems

You might want to enlist the help of a solicitor if you are experiencing debt problems. Debt is one of the worst things in the world to attempt to navigate without professional help, so don’t be shy in asking for assistance and advice.

If you ever find yourself in need of help from solicitors on the Central Coast , then please don’t hesitate to get in touch with us. A member of our trained and experienced team will always be on hand to take your call or answer your email with all of the feedback that you need before making a decision. Linda Emery and Associates look forward to being able to assist you.

What To Consider When Asking For A Divorce

How to Prepare for Your First Meeting with a Family Lawyer

How To Draft A Parenting Plan

Writing A Will: What Shouldn’t Be Written In A Will

When Do You Need A Conveyancer When Buying A House?

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery has been a local Central Coast resident for 37 years owning and operating her own Law Firm on the Central Coast since 1990. Linda is committed to supporting local businesses & Central Coast residents. Linda is a member of the NSW Law Society, Central Coast Law Society, PEXA (the electronic conveyancing platform) and the Australian Institute of Conveyancers. Linda undertakes work in Family Law, Conveyancing, Estates, Criminal Law and Court Appearances. Linda welcomes all new clients.

Linda Emery

What To Consider When Asking For A Divorce

Mon, 20 Jan 2025 02:11:45 GMT

Deciding to end a marriage is often one of the most challenging and emotionally complex decisions an individual can face. The journey of separation can involve intricate legal, financial, and personal considerations that require careful navigation and thoughtful preparation. Individuals may find themselves overwhelmed by the multifaceted process of divorce, unsure of where to begin or how to protect their interests effectively.

In this blog, we’ll explore the critical aspects of considering divorce , providing insights into the legal, emotional, and practical dimensions of this significant life transition.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

Understanding the Legal Framework of Divorce

The family law system recognises divorce as a complex process that extends far beyond a simple legal document. Under the Family Law Act 1975, we operate on a no-fault divorce principle, which means that couples can separate without needing to prove specific grounds for the breakdown of their marriage. This approach aims to reduce conflict and emotional distress during the separation process.

To be eligible for divorce, couples need to satisfy specific legal requirements:

Be separated for at least 12 months
Demonstrate that the marriage has irretrievably broken down
Prove that there is no reasonable likelihood of reconciliation
Have been married for at least two years or have obtained special permission if married for a shorter period

It is important to understand these fundamental requirements before initiating divorce proceedings. The 12-month separation period does not necessarily mean living in separate households; couples can be considered separated while living under the same roof, provided they are not functioning as a traditional married couple.

Preparing for the Practical and Financial Aspects of Separation

Financial preparation is a crucial component of navigating divorce effectively. The process involves comprehensive financial assessment and strategic planning to help ensure both parties can maintain financial stability during and after the separation. Key financial considerations can include:

Conducting a thorough inventory of shared & individual assets
Understanding the potential implications of property division
Assessing individual & combined income streams
Evaluating potential spousal maintenance requirements
Reviewing existing financial commitments & obligations
Considering the long-term financial impact of separation
Protecting individual financial interests

It is also recommended to gather comprehensive documentation, including:

Bank statements
Investment records
Property ownership documents
Superannuation statements
Tax returns
Detailed records of shared & individual expenses

Emotional Preparation & Support Mechanisms

The emotional landscape of divorce extends far beyond legal and financial considerations. Individuals navigating separation may experience a complex range of emotions, including grief, uncertainty, anger, and relief. Recognising and addressing these emotional challenges is as important as managing the practical aspects of divorce. Here are several strategies to consider for emotional resilience:

Seeking professional counselling or therapy
Developing a supportive network of friends & family
Practising self-care & emotional regulation techniques
Maintaining open & respectful communication
Considering support groups for individuals experiencing separation
Prioritising personal mental & emotional well-being

Seeking Guidance from Lawyers for Divorce

Family law can be intricate and nuanced, making professional legal guidance important. Those facing divorce may benefit from consulting divorce lawyers who understand the specific legal landscape of the region. Comprehensive legal consultation from a family law attorney can help individuals:

Understand legal rights & obligations
Navigate complex property settlement processes
Develop strategies for potential child custody arrangements
Receive objective, professional advice tailored to individual circumstances
Minimise potential conflicts during the separation process

Want to take the Next Step?

If you are considering divorce and seeking legal guidance, our family law solicitors in Gosford are here to help. At Linda Emery & Associates , we understand the complexities of family law and are committed to helping individuals navigate this challenging life transition with dignity and clarity. Get in touch with our divorce lawyers on the Central Coast today to schedule a consultation and discuss your specific circumstances.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

How to Prepare for Your First Meeting with a Family Lawyer

Tue, 09 Jul 2024 02:37:37 GMT

Stepping through the doors of a family lawyer’s office for the first time might feel like a significant step. It could involve navigating through a divorce, creating parenting agreements or dealing with other family law matters, suggesting a journey that might need some preparation and understanding. The first meeting with a family lawyer could be seen as a critical moment in establishing the direction for the legal process ahead. Beyond gathering documents, this meeting might help set the groundwork for a partnership aimed at achieving your legal goals. Read on to learn more about how you can prepare for this meeting.

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The Importance of Clear Communication and Thorough Preparation

The potential value of engaging openly and preparing meticulously for legal consultations might extend beyond legalities; it could be seen as a strategy for navigating the complexities of family law . Here’s why:

Legal Support: Potentially offering a complete, unfiltered view of your circumstances might enable your family lawyer to tailor their advice and approach in a way that’s uniquely suited to your case.
Strategic Planning: By arriving well-prepared, you might contribute to a more focused and efficient planning process, which could allow for a comprehensive and adaptable strategy.
Mutual Understanding: A transparent dialogue might foster a deeper mutual understanding, which could help align your expectations with the legal realities of your situation.
Building Trust: Openness and thorough preparation might strengthen your case and build trust between you and your family lawyer.

Steps to Organise Your Thoughts and Concerns Before the Meeting

Feeling overwhelmed can be a common response, but organising your thoughts might potentially bring some clarity. You can start by noting down the main points you wish to discuss. This doesn’t have to be exhaustive, but it should cover your immediate concerns and objectives.

Your Goals

Define what you hope to achieve through legal proceedings. This could range from parenting agreements to property settlements.

Your Concerns

Identify specific worries about the process, whether they’re legal, financial or personal. This can help your lawyer address them directly.

The Importance of Clear Communication and Thorough Preparation
What to Bring to Your First Family Law Consultation
Steps to Organise Your Thoughts and Concerns Before the Meeting
Questions for Your Lawyer
Navigating Emotional and Legal Preparedness: Finding the Balance
Your Partner in Navigating Family Law

What to Bring to Your First Family Law Consultation

When preparing for your initial consultation, think of it as assembling a toolkit that your lawyer will use to build your case. Essential documents might include any legal paperwork, financial records and any relevant communication with the other party. This preparation can help demonstrate your commitment and give your lawyer a comprehensive view of your situation. Further, it might be helpful to share the intangible aspects. Your personal goals, fears and expectations could play a significant role. Adopting this holistic approach might enable your lawyer to understand the factual and emotional dimensions of your case, potentially preparing them to advocate for you.

Questions for Your Lawyer

It’s worth remembering that no question is too small. Whether it’s about the timeline, costs or the legal process, asking questions might help alleviate some of your anxiety.

Navigating Emotional and Legal Preparedness: Finding the Balance

Preparing for a family law consultation can also involve emotional readiness. Here are a few tips:

Understand the Emotional Journey: Recognising that legal processes can be emotionally challenging might assist in mentally preparing yourself to stay focused.
Set Realistic Expectations: Legal outcomes may not always align perfectly with personal desires. Understanding this can help mitigate disappointment.
Lean on Support: Whether it’s friends, family or a counsellor, having emotional support might be helpful during this time.
Stay Informed: Understanding the basics of family law could possibly make the process seem less intimidating.

Your Partner in Navigating Family Law

When it comes to family matters, every detail counts. At Linda Emery & Associates , we’re dedicated to providing compassionate, comprehensive legal support. If you’re facing a family law matter and need guidance, we encourage you to reach out for a consultation .

How To Draft A Parenting Plan

Tue, 28 May 2024 03:05:02 GMT

Are you navigating the challenging journey of separation or divorce and wondering how to create a parenting plan that works for everyone involved? Creating a parenting plan can feel overwhelming, but it’s an important step in prioritising the well-being of your children. A well-drafted plan can provide structure, clarity and stability for parents and children during this transitional period. Here’s a compassionate, step-by-step guide to help you through the process.

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Understand What A Parenting Plan Is

A parenting plan is a written agreement that outlines how separated or divorced parents will raise their children. It covers various aspects of the children’s lives, such as living arrangements, education, healthcare and visitation schedules. A well-crafted parenting plan prioritises the best interests of the children and helps avoid potential conflicts between parents.

Make The Plan Fair And Comprehensive

To draft a fair and comprehensive parenting plan, keep these tips in mind:

Prioritise the Children’s Needs: Focus on what’s best for your children rather than on the conflicts between you and your ex-partner.
Be Detailed but Flexible: While it’s important to be specific, leave room for adjustments as circumstances change.
Consider Both Parents’ Schedules: Take into account each parent’s work and personal commitments to create a balanced plan.
Include Input from Both Parents: Collaborate with the other parent so both perspectives are considered.

Understand What A Parenting Plan Is
Identify Key Elements To Include
Make The Plan Fair And Comprehensive
Communicate Openly And Honestly
Seek Legal Advice
Review And Revise As Needed
Contact Us For Personalised Parenting Plan Assistance

Identify Key Elements To Include

When drafting a parenting plan, consider including the following elements:

Living Arrangements: Specify where the children will live and how time will be divided between parents.
Education: Outline decisions related to the children’s schooling, including which school they will attend and how educational costs will be covered.
Healthcare: Include agreements on medical decisions, health insurance coverage and responsibility for medical expenses.
Visitation Schedule: Clearly define the visitation schedule, including holidays, birthdays and school vacations.
Communication: Establish guidelines for how parents will communicate with each other and with the children.
Dispute Resolution: Set out a process for resolving any disagreements that may arise regarding the parenting plan.

Communicate Openly And Honestly

Effective communication may be key when drafting a parenting plan. Open, honest discussions might help parents express their needs and concerns. It’s helpful to listen to each other and aim towards a common goal: the well-being of your children. Using a neutral tone and avoiding blame might facilitate a more productive conversation.

Seek Legal Advice

While it is possible to draft a parenting plan independently, seeking legal advice might be beneficial. Legal professionals can provide guidance to help your plan comply with Australian family law and address all necessary aspects. They might also assist in mediating discussions between parents and offer valuable insights based on their experience with similar cases. Additionally, having legal support can help clarify complex issues and provide peace of mind during an emotionally challenging time.

Review And Revise As Needed

A parenting plan is not set in stone. As your children grow and circumstances change, the plan may need adjustments. Regularly reviewing the plan and making necessary revisions can help maintain its relevance and effectiveness. If significant changes are required, consider seeking legal advice to update the plan appropriately.

Contact Us For Personalised Parenting Plan Assistance

Drafting a parenting plan is a key step in prioritising your children’s well-being during and after a separation. At Linda Emery & Associates , we focus on family law , including child custody and co-parenting arrangements. Our compassionate team is here to guide you through this process, putting your children’s best interests first. If you’re navigating separation or divorce and need assistance with a parenting plan, family law or child custody, we are here to help. Reach out to us today !

Writing A Will: What Shouldn't Be Written In A Will

Mon, 27 May 2024 03:30:40 GMT

When planning for the future, drafting a will is a key step if you want your assets to be distributed according to your wishes. However, knowing what should not be included in your will is equally important. Some elements, if added, might complicate the estate distribution process and potentially invalidate your entire will. In this blog, we’ll delve into common oversights people often make when crafting their wills.

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Time-Specific Instructions

When writing a will , it might be tempting to manage every detail of how your assets should be used or maintained. However, including instructions that are time-specific may cause more harm than good. For example, specifying that funds should be used for a particular purpose within a certain time frame can create confusion and legal hurdles if the timing is no longer relevant or if the specified conditions cannot be met. Moreover, as life circumstances and laws change, what makes sense at the time of writing might not be relevant. It’s advisable to focus on more enduring guidance that reflects your core intentions for your estate rather than restricting your executor with impractical instructions.

Non-Transferable Assets Or Rights

Certain assets or rights cannot legally be transferred through a will. This can include things like government or military pensions that cease upon death or digital accounts protected by terms of service that do not allow transferability. Including such non-transferable items in a will can create confusion and unnecessary complications during the estate administration process. Consider reviewing which assets are actually transferable and focus on including those in your will. For items like digital assets, you can consider leaving separate instructions or permissions that enable your executors to manage or close these accounts rather than attempting to pass them on through your will.

Time-Specific Instructions
Conditional Gifts
Non-Transferable Assets Or Rights
Joint Assets
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Conditional Gifts

Conditional gifts in a will, such as leaving a piece of property to someone only if they meet a specific condition, may lead to significant legal challenges. While it might seem straightforward to say, “My nephew can inherit the car if he graduates from university,” such conditions can be difficult to enforce and delay asset distribution. Instead, you can consider the underlying intention behind the condition. If the goal is to encourage education, setting up a trust might be a more legally sound approach. Trusts can be designed to release funds or assets based on achieving certain milestones, potentially reducing the risk of contestation or invalidation that can affect conditional gifts in a will.

Joint Assets

When it comes to joint assets, such as property or bank accounts held with someone else, it’s important to understand that these typically do not need to be included in your will. These assets usually pass directly to the surviving co-owner through a legal concept known as “right of survivorship.” This means that upon the death of one owner, their share of the asset can automatically transfer to the remaining owner(s), irrespective of what may be stated in the will. Including joint assets in your will may lead to confusion or even conflict among your heirs, especially if the will’s directives contradict the established rights of survivorship. To avoid such issues, it’s advisable to clearly identify which of your assets are owned jointly. This clarity can help you align your estate plan with legal norms.

Need Assistance In Writing A Will?

At Linda Emery & Associates, we can help you navigate the intricate details of wills and estate planning. Our Central Coast lawyers will help you create a comprehensive will that is compliant with current laws, reflecting your true intentions and making the process streamlined for your loved ones. If you’re ready to articulate your final wishes, contact our family lawyers on the Central Coast.

When Do You Need A Conveyancer When Buying A House?

Fri, 22 Mar 2024 05:04:33 GMT

Buying a house is one of the most significant decisions you will ever make in your life. It involves a lot of planning, research and paperwork. You might wonder, “when do you need a conveyancer to help you with this process?”. In this blog, we will help you understand the role of a conveyancer in your property purchase, how conveyancing works, the top reasons to hire a conveyancer and why professional conveyancing matters.

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Understanding The Role Of A Conveyancer In Your Property Purchase

A conveyancer can assist you with various tasks related to buying a property, such as:

Property Searches

A conveyancer can conduct various searches on the property you intend to buy, such as title searches, council searches, land tax searches and strata searches. These searches can reveal important information about the property, such as its ownership, encumbrances, risks and issues.

Understanding The Role Of A Conveyancer In Your Property Purchase
Contract Review
Property Searches
Settlement Preparation
Settlement Completion
How Does Conveyancing Work?
Top 5 Reasons To Hire A Conveyancer When Buying A Home
Navigating Legal Requirements: Why Expert Conveyancing Matters
Compliance With The Law
Handling Complex Issues
Contact Us Today For Conveyancing Services

Contract Review

A conveyancer can review the contract of sale and advise you on any terms and conditions that may affect your rights and obligations. They can also negotiate with the seller or their agent to make any required changes or amendments to the contract.

Settlement Preparation

A conveyancer can prepare all the necessary documents and forms for the settlement of your property purchase, such as transfer of land, stamp duty and mortgage. They can also calculate the settlement figures.

Settlement Completion

Conveyancing is conducted by electronic conveyancing platform and the conveyancer can arrange settlement and ensure the settlement figures are correct and that the tile is registered in your name.

Top 5 Reasons To Hire A Conveyancer When Buying A Home

Buying a home is a major financial and legal commitment that requires legal knowledge. Here are some of the benefits of hiring a conveyancer when buying a home:

Legal Protection: They provide legal protection by identifying any potential issues early in the process.
Stress Reduction: Navigating property law can be overwhelming; a conveyancer takes this burden off your shoulders.
Time Savings: With their knowledge and skills, conveyancers can expedite the process.
Cost Efficiency: They can help you avoid costly mistakes that could arise from handling the process on your own.

How Does Conveyancing Work?

The conveyancing process starts once you’ve found a property and had your offer accepted. Your conveyancer steps in to conduct property searches, liaise with the seller’s conveyancer, prepare and review contracts and finally manage the settlement process. Your journey becomes smoother and more manageable with a professional by your side.

Navigating Legal Requirements: Why Expert Conveyancing Matters

The legal landscape of property transactions is filled with potential challenges. Here’s why having a conveyancer by your side is beneficial:

Compliance With The Law

Conveyancers can help in aligning your property transaction with legal requirements, aiming to avoid penalties or legal issues.

Handling Complex Issues

They possess the knowledge to address complex legal issues that might arise, contributing to a smoother transaction.

Contact Us Today For Conveyancing Services

Buying a house is a big decision that requires a lot of legal knowledge. That is why you need a conveyancer to help you with your property purchase. A conveyancer can make your property transaction smooth and stress-free by handling all the legal aspects of buying a property for you. At Linda Emery & Associates , our team of professionals is ready to assist you with your conveyancing needs, whether you are buying or selling a property. If you are looking for a reliable and reputable conveyancer, contact us today and let us take care of your conveyancing for you.

6 Reasons To Hire A Local Conveyancer Or Solicitor When Buying A Home

Tue, 19 Dec 2023 05:45:47 GMT

For many, buying a home is not just a financial investment but a leap into a new chapter of life. However, the path to acquiring your dream home is often filled with legal complexities and paperwork. That’s where the role of local conveyancers and solicitors becomes important. They strive to ensure your homeownership experience is as seamless and straightforward as possible. Read on to discover six key reasons why local conveyancers and solicitors are invaluable in your home-buying journey.

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1. Understanding Of Local Property Laws And Regulations

When it comes to property transactions, every locality has its unique set of laws and regulations. Conveyancers and solicitors possess an in-depth understanding of state-specific regulations and local property laws, ensuring every aspect of your transaction is compliant.

2. Streamlined E-Conveyancing Process

It is now mandatory to conduct conveyancing transactions electronically. This shift towards digital conveyancing not only speeds up the process but also enhances accuracy and security. E-conveyancing minimises the need for physical paperwork, making the entire process quicker and more streamlined. With local conveyancers and solicitors who are adept in these digital procedures, your property transaction becomes a seamless experience, ensuring you move into your new home with ease and efficiency.

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Navigating The Property Transaction With Ease

They ensure your property transaction fulfils all legal requirements, safeguarding you from potential complications. This is not just about following the law; it’s about leveraging their knowledge to facilitate a smoother, more efficient transaction process.

3. Personalised Attention To Contract Details

Contracts in real estate are often complex and filled with legal jargon. Solicitors and conveyancers can help simplify these documents for you:

Meticulous Review: They will meticulously examine each part of the contract, breaking down every clause to ensure you fully grasp the consequences and obligations of what you’re agreeing to.
Clarity and Safeguarding: They can safeguard your interests by making you fully aware of all the terms and conditions. This helps prevent any surprises from hidden clauses or unexpected legal obligations.

4. Guidance On Complex Aspects Of Property Transactions

The role of a solicitor and conveyancer extends beyond basic transactional duties. They are adept at handling the more intricate aspects of property law, offering professional advice and solutions. Their guidance in areas such as refinancing and compliance with specific legal requirements is important in ensuring your property transaction is not only successful but also adheres to all legal standards.

6. Local Market Knowledge And Connections

A local conveyancer’s and solicitor’s value extends beyond legal knowledge:

Insights into the Local Property Market: Their deep understanding of the local real estate market can guide you in making informed decisions, whether it’s about fair pricing or understanding local market trends.
Established Local Relationships: Their established network with local entities, like real estate agents and surveyors, can facilitate smoother transactions.

Looking For Conveyancers And Solicitors On The Central Coast?

The journey of buying a home is filled with excitement, anticipation and its fair share of challenges. Local conveyancers and solicitors are your partners in this journey, offering personalised services. At Linda Emery & Associates , our conveyancers and solicitors can assist you with everything from contract reviews and title searches to negotiating contract terms and arranging settlement dates. Contact us today for conveyancing services in Gosford.

5. Assistance With Property Settlement And Financial Transactions

The settlement phase in property transactions is critical. Conveyancers and solicitors play an important role in ensuring this phase proceeds without hitches. They can handle the intricate details of financial transactions, coordinate with various parties and ensure everything is in order for a timely and accurate settlement.

The Importance Of Estate Planning After Separation

Tue, 19 Dec 2023 05:26:39 GMT

Life doesn’t always go according to plan and this is particularly true when facing the prospect of separation . It’s a period marked by re-evaluation and change, especially concerning your assets and your future. If you are already in the process of separation or you’re considering it, understanding the legalities of estate planning can help you make more balanced decisions during this emotional time.

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Comparing Property Settlement Before And After Separation

Property settlement is usually a major factor in the process of separation. Moving from co-owning your property to life as an individual owner can be difficult to navigate without support:

After Separation:

Prioritising Individual Ownership: The focus shifts to recognising individual rights and ownership of assets, marking a departure from joint ownership.
Personalised Settlements: Property settlements are customised to address the unique future needs and circumstances of each individual, reflecting their independent life post-separation.

The transition from a joint to an individual approach in asset management during separation necessitates a thorough re-evaluation of your estate plan, ensuring it aligns with your new individual circumstances and goals.

Comparing Property Settlement Before And After Separation
Before Separation:
After Separation:
The Emotional Complexity Of Dividing A Shared Business
Navigating The Legal And Financial Intricacies
Towards A Fair And Sustainable Future
The Importance Of Revising Your Will Post-Separation
The Role Of Mediation In Post-Separation Property Settlement
Choose Linda Emery & Associates For Legal Guidance

Before Separation:

Joint Ownership: Assets and liabilities are typically viewed as collectively owned, reflecting the shared nature of property.
Collective Decision-Making: Decisions regarding property distribution are made together, considering the interests and needs of the partnership.

The Emotional Complexity Of Dividing A Shared Business

If a business is shared in a relationship, the process of separation can increase in complexity. Both parties must navigate the legal and emotional complexities of separating their intertwined dreams and efforts, a process deeply rooted in personal and professional aspects of their lives.

Navigating The Legal And Financial Intricacies

The division of business assets in family law proceedings is a delicate balance. It’s important to fairly assess the business’s value, considering current worth and future potential. This process requires legal expertise to ensure an equitable division that supports the financial stability of both parties.

The Role Of Mediation In Post-Separation Property Settlement

Mediation plays an important role in estate planning after separation. It offers a platform for both parties to discuss and negotiate property settlement terms amicably. The benefits of mediation include:

Reduced Conflict: Encourages cooperative decision-making, significantly lowering the emotional stress often associated with separation.
Cost-Effective: Often more affordable than court proceedings, saving time and financial resources for both parties.
Personalised Solutions: Tailored agreements that suit both parties’ needs, considering unique family dynamics and individual priorities.
Speed and Flexibility: Mediation sessions can be scheduled more quickly than court dates, allowing for a faster resolution that adapts to both parties’ schedules.

The Importance Of Revising Your Will Post-Separation

After a separation, it’s also important to revise your will to reflect the changes in your life. This revision is key for several reasons: it allows you to update beneficiaries, ensuring your estate goes to those you now choose, particularly if your ex-partner was a primary beneficiary. It also helps to see that your assets are distributed as per your updated wishes and if you have children, it’s an opportunity to reassess guardianship decisions. This step is essential in safeguarding your assets and making sure your intentions are clearly communicated.

Choose Linda Emery & Associates For Legal Guidance

Navigating estate planning after separation can be complex and emotionally taxing. It’s important to have a knowledgeable and empathetic legal team by your side. If you’re facing this challenging phase, consider reaching out for professional guidance. Our team provides comprehensive support and advice to help you make informed decisions about your future. Contact us today at Linda Emery & Associates for more information.

Towards A Fair And Sustainable Future

The aim is to reach a settlement that respects each partner’s contribution and maintains the business’s viability. The solution should strengthen the business’s continued success under a new structure while also supporting the separate financial futures of the individuals involved. This approach honours the shared past while paving the way for a constructive future.

What Is Conveyancing?

Thu, 21 Sep 2023 07:26:28 GMT

When it comes to buying or selling a property , the amount of paperwork, intricate legal terms and detailed processes can be overwhelming. However, with a conveyancer, you can seamlessly navigate these complexities. In this blog, we’ll explore conveyancing in detail and highlight the role of conveyancers in ensuring a smooth and legally sound property transaction.

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The Integral Role of a Conveyancer

A conveyancer facilitates the seamless transfer of property ownership while ensuring full compliance with legal requirements. They offer:

Assistance in Property Sales : From preparing contracts that comply with vendor disclosure to collaborating with real estate agents, conveyancers ensure every detail is in place.
Mortgage Refinancing : With ever-changing interest rates, homeowners often opt to refinance their mortgages . Conveyancers provide invaluable advice during this process to help them make informed decisions.
Legal Compliance: Every property transaction has legal implications. Conveyancers ensure all dealings adhere to the regulations, safeguarding both buyers and sellers.

Refinancing Mortgages with a Conveyancer's Assistance

Refinancing can benefit homeowners, particularly when dealing with fluctuating interest rates. However, it’s important to approach this decision carefully. Conveyancers can help with:

Evaluating the need for refinancing based on individual circumstances.
Ensuring that the refinancing process adheres to legal standards.
Providing invaluable advice to homeowners, ensuring they make informed decisions.

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Navigating Retirement Village Leases with a Conveyancer

Retirement village leases come with their own set of challenges. Each state has specific legislation aimed at protecting the interests of its residents. Understanding these nuances is important for anyone considering a move to a retirement village. Conveyancers, with their in-depth knowledge, can provide expert advice on retirement village leases, ensuring residents are well-informed and protected.

Title Searches and Contract Negotiations

Title searches and contract negotiations play an important role in ensuring that the property deal is not only legally sound but also beneficial for all parties involved. Here are more insights into these aspects:

Title Searches

A title search is a meticulous examination of public records to confirm a property’s legal ownership and identify any obstacles or claims associated with it. This step ensures the seller has the right to sell the property and that the buyer is receiving a title without any undisclosed claims. Conveyancers, with their in-depth knowledge of property laws and regulations, conduct these searches diligently, ensuring potential buyers are safeguarded from future legal disputes.

Commercial Property Conveyancing

Commercial property conveyancing involves considerations like the suitability of a property for specific business operations, adherence to commercial zoning regulations and the potential for future business growth. Conveyancers help navigate the unique challenges of commercial property, including:

Lease Agreements: Commercial leases are often more complex than residential ones, encompassing terms related to business operations and fit-out provisions.
Zoning Regulations: Each property is subject to specific zoning regulations that dictate its permissible uses. Ensuring a property’s zoning aligns with the intended business use is important.
Environmental Considerations: Commercial properties might be subject to environmental assessments, especially if they’ve been used for industries that could lead to contamination.

Looking for a Conveyancer on the Central Coast?

At Linda Emery & Associates , we understand the intricacies of conveyancing . Our team is dedicated to ensuring your property transactions are seamless and compliant. Whether you’re buying or selling a business on the Central Coast, we’re here to guide you every step of the way. Call us today for an appointment.

Contract Negotiations

This process involves discussing and finalising the terms and conditions of the property sale. It’s not just about the price; it encompasses various aspects like payment terms, exclusions and potential contingencies. A conveyancer ensures the contract is fair and transparent, prioritising the interests of the client, whether it’s a buyer or a seller.

Linda Emery

How To Save On Legal Costs In A Family Law Matter

Wed, 13 Sep 2023 06:45:28 GMT

Navigating the intricate world of family law can be emotionally taxing and financially challenging. A significant concern that many individuals face while approaching such matters is the mounting costs. Fortunately, there are several strategies that can help in minimising these expenses without compromising the quality of legal guidance and representation.

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Understanding Family Law Matters and Their Costs

Family law encompasses a broad spectrum of cases, with property and parenting cases being the most common. Each of these legal matters comes with its own set of costs. Legal fees, court charges, documentation and consultation fees are standard expenses one can expect. It is pivotal to be informed about these potential costs to take proactive steps to manage and possibly reduce them.

The Importance of Choosing the Right Lawyer

Efficiency in Representation: A competent lawyer can streamline processes, leading to quicker results.
Accurate Guidance: Sound legal advice ensures that clients don’t venture down costly and unnecessary paths.
Averting Costly Mistakes: Mistakes in legal documentation or strategy can lead to extended court battles; avoiding them saves both time and money.

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

The Role of Mediation in Reducing Legal Expenses

Facilitation of Open Communication: Mediation creates a conducive environment where both parties can express their concerns and expectations. With the help of a neutral mediator, parties are encouraged to find mutual solutions, avoiding adversarial confrontations that can escalate costs.
Reduced Duration: Court trials can be lengthy, often spanning months or even years. Mediation, on the other hand, can significantly reduce the time taken to resolve disputes, translating to decreased costs
Flexibility in Process: Mediation sessions are tailored to the unique needs of the case and the convenience of the involved parties. This flexibility can lead to quicker solutions and, consequently, reduced costs.
Avoidance of Court Fees: Every court appearance comes with its set of charges. By bypassing the court process and settling through mediation, parties can eliminate these costs.
Preservation of Relationships: Legal battles can strain relationships, sometimes leading to more complications and increased legal interventions in the future. Mediation, being a collaborative process, helps preserve relationships, potentially avoiding future legal expenses.

Strategies for Streamlined Document Preparation

Early Organisation: Gathering and organising all required documents well in advance can avoid last-minute rush charges.
Consistent Updates: Keeping the lawyer informed and updating documents as situations change can prevent costly revisions.
Clarity in Communication: Clearly outlining what’s needed ensures that lawyers spend less billable time seeking clarifications.
Digital Organisation: Leveraging digital tools for document storage and retrieval can expedite processes and reduce costs.
Regular Check-ins: Schedule regular check-ins with your lawyer to ensure all document requirements are on track.

Pros and Cons of Limited Scope Representation

Opting for limited scope representation, where a lawyer is hired only for specific tasks rather than handling the entire case, can be a viable cost-saving measure. This approach offers the advantage of utilising legal expertise only where necessary. However, it also means that the client is left to navigate other aspects of their case on their own, which might be daunting and could lead to errors if not approached with caution.

Additional Tips for Cost-Effective Legal Processes

Read Your Mail Carefully: Always read communications from your lawyer carefully and respond to all questions in a timely manner. This prevents the solicitor from having to follow up for instructions, saving time and money.

Come Prepared: If it’s a property matter, know all the assets and liabilities, their estimated value, and provide supporting documents like bank statements or market appraisals.

Self-Initiative: Usually, the more work that you do to help your case, the more it can help limit the costs.

Engage with Linda Emery & Associates

As you navigate the multifaceted world of family law , remember that guidance is just a call away. At Linda Emery & Associates , we understand the unique challenges individuals face. We’re here to offer tailored solutions, ensuring you receive optimal legal guidance tailored to your needs. Reach out to us today !

Educating Yourself: Knowledge as a Cost-Saver

Familiarity with Legal Terminology: Grasping basic legal jargon can speed up conversations, reducing consultation time.
Understanding Rights and Obligations: Being aware of one’s rights helps in making quicker, informed decisions, saving both time and costs.
Awareness of Legal Processes: Knowing the steps involved in a legal process allows for smoother collaboration with your lawyer, potentially saving time and resources.

Linda Emery

How To Write A Will

Wed, 05 Jul 2023 07:05:00 GMT

Your legacy extends beyond material possessions; it encompasses the values and impact you leave behind. Crafting a will is an opportunity to shape that legacy and ensure your intentions are carried out. With a clear understanding of the process and a systematic approach, you can create a clear and legally sound document that protects your interests and provides peace of mind for your loved ones. In this guide, we will walk you through the step-by-step process of writing a will .

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Understand the Purpose and Importance of a Will

A will is a legal document that outlines your wishes regarding the distribution of your assets, care for your children or other dependents and the appointment of an executor. By creating a will, you can retain control over how your estate is managed, provide for your loved ones and minimise potential conflicts or confusion.

Determine Your Beneficiaries and Executors

Beneficiaries are the individuals or organisations that will inherit your assets, while the executor is responsible for carrying out your wishes as outlined in the will. Consider your family members, friends or charitable organisations that you’d like to include as beneficiaries. When selecting an executor, choose someone you trust and who possesses the necessary skills to handle the responsibilities involved.

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Gather the Necessary Information and Assets

Start by making a list of your properties, bank accounts, investments, insurance policies and any other valuable possessions. Include important documents such as property deeds, vehicle titles and stock certificates. This overview will serve as the foundation for drafting your will, ensuring you don’t overlook any important assets.

Seek Legal Advice

While it’s possible to write a will without legal assistance, seeking professional advice can offer you peace of mind and ensure that your will is legally valid and comprehensive. A lawyer can guide you through the process, help you navigate any complex legal requirements and provide recommendations based on your unique circumstances.

Drafting the Will

When it comes to drafting the will, clarity and precision are important. Follow these steps:

Start by clearly identifying yourself, including your full legal name, residential address and any other relevant identification details.
Next, state that you are creating the will voluntarily.
Be specific about the assets you wish to distribute and the beneficiaries who will receive them.
Clearly outline any conditions or special instructions, such as establishing a trust for minor children or designating a guardian.
Lastly, appoint your chosen executor and include alternate choices (in case your first choice is unable or unwilling to fulfil the role).

Safely Store and Update Your Will

Once your will is complete, store it in a secure location where it can be easily accessed when needed. Inform your executor and loved ones about the whereabouts of your will, ensuring they know how to retrieve it when the time comes. Consider storing the original document in a fireproof safe or a safety deposit box while providing copies to relevant parties. Regularly review and update your will to reflect any significant life changes, such as births, deaths, marriages or divorces.

Contact Linda Emery & Associates

At Linda Emery & Associates , our team can help you write a will that reflects your wishes on the Central Coast. Remember, writing a will is not a task to be put off for the future. By acting now, you can protect your assets, minimise potential conflicts and provide clarity for your loved ones.

Sign and Witness the Will

For a will to be legally valid, it must be signed and witnessed in accordance with applicable laws. Typically, this requires the presence of at least two adult witnesses who are not beneficiaries of the will. Gather the witnesses and sign the will in their presence. Ensure that the witnesses also sign the document, attesting to your signature.

Linda Emery

Review Before Signing: Lawyers And Property Contracts

Wed, 28 Jun 2023 07:16:25 GMT

There are times you’ll find yourself standing on the precipice of a significant decision, contract in hand, pen poised to sign. But amidst the excitement and anticipation, one question always looms: do you truly understand what you’re about to sign? Enter the conveyancing lawyer , your trusted advocate in the often-convoluted world of contract agreements. They offer a crucial set of skills that can help protect your interests and ensure you’re making informed decisions.

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Decoding The Jargon: Understanding Your Contract’s Complex Language

Legal jargon can often feel like a foreign language, particularly for those unfamiliar with its intricacies. Here, a conveyancing lawyer plays the role of translator, converting intricate legal terms into plain, comprehensible language. Some examples of this include:

“Encumbrance” – An encumbrance refers to a claim or liability that is attached to a property , which can limit its use or transfer. Examples of encumbrances can include mortgages, liens, easements, or restrictive covenants. These are typically listed in the contract of sale and can have a significant impact on the property value and the buyer’s rights. Therefore, having a conveyancing lawyer to interpret and manage these encumbrances is crucial for any property transaction.

“Caveat” – A caveat, in property law, is a notice or warning lodged by someone who has an interest in a particular property, preventing the property from being sold or transferred without their knowledge or consent. This is often used when a third party has a claim to the property that may not be immediately clear in the title. When dealing with property transactions that have a caveat in place, a conveyancing lawyer’s expertise is essential to ensure that all legal rights are considered and protected.

The Underrated Importance of Due Diligence

Conducting thorough due diligence is a crucial step before signing any contract. A conveyancing lawyer performs comprehensive checks to:

Confirm the legitimacy of the other party
Validate the details of the contract
Assess any potential risks involved

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Avoiding Pitfalls: How A Lawyer Protects Your Interests

Contracts can be fraught with potential legal and financial traps. A conveyancing lawyer is your safety net, scrutinising every detail to identify potential pitfalls, such as:

Unfair clauses that may place you at a disadvantage
Hidden costs or charges that aren't clearly explained
Risks and liabilities that aren't explicitly stated

Why Every Clause Matters: A Deep Dive Into Contract Specifications

Seemingly minor clauses in a contract can have major implications. A conveyancing lawyer identifies these issues and ensures they are addressed appropriately. For example:

"Cooling-off period" clauses can provide an opportunity for you to change your mind after signing a contract.
"Force majeure" clauses protect you from unforeseen circumstances that prevent you from fulfilling the contract.

Is Skipping A Lawyer Worth The Risk? Assessing Potential Downfalls

Not engaging a lawyer can lead to significant risks, such as:

Signing contracts that contain unfair or exploitative terms
Legal disputes due to misunderstood obligations
Financial loss due to overlooked costs or fees

Navigating Property Transfers: The Conveyancing Lawyer’s Role On The Central Coast

On the Central Coast, property transfers are a common occurrence, given the area’s attractive real estate market. Here, a conveyancing lawyer ensures smooth transactions by:

Handling necessary paperwork and legal documentation
Liaising with all parties involved
Ensuring all local regulations and laws are adhered to

At Linda Emery & Associates it’s been our privilege to help the Central Coast community understand and navigate contract agreements. The legal landscape can be challenging, but with professional assistance, you don’t need to navigate it alone. Don’t hesitate to get in touch via our contact page , or give us a call for more information or to book a consultation. We’re here to ensure your interests are protected and your decisions well-informed. Let us guide you through your next contract with confidence.

Linda Emery

The Role Of Mediation In Family Law Cases In Australia

Mon, 19 Jun 2023 23:31:13 GMT

Family law cases can be emotionally fraught and intricate, often leading to prolonged, exhausting legal battles. In Australia, mediation serves as a mandatory pre-action procedure offering a more efficient and less stressful resolution process. This article delves into the role of mediation in family law, its benefits and how to select the right mediator and prepare for the mediation process.

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What Is Mediation And How Does It Work In Australian Family Law?

Mediation is a confidential process where a neutral third party, known as the mediator, facilitates discussion between parties involved in a family law dispute. The mediator assists the parties in identifying issues and exploring solutions, aiming to reach a consensus that accommodates everyone involved.

Unlike a judge or arbitrator, a mediator doesn’t impose a decision. They guide the conversation, encouraging open communication and collaboration. Mediation can tackle various family law issues, including property division, child custody, spousal maintenance and parenting arrangements. In Australia, mediation is a compulsory pre-action procedure in family law property and parenting matters.

Mediation Vs. Litigation

While mediation offers many benefits it might not always be successful and as a result the matter will need to progress to litigation.

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Benefits Of Mediation In Australian Family Law Cases

Choosing mediation over litigation for family law disputes carries several advantages:

Cost-effective: Mediation typically incurs fewer expenses than court proceedings, saving parties significant legal fees.
Time-efficient: Mediation resolves disputes generally faster than waiting for a court date and enduring a lengthy trial.
Less adversarial: Mediation promotes a cooperative environment, reducing hostility between parties.
Flexibility: Parties maintain more control over the process and can adapt the resolution to their specific needs.
Confidentiality: Mediation discussions are private and any shared information during the process cannot be used in court, except in limited circumstances.

Choosing The Right Mediator

Selecting an adept and experienced mediator is crucial for a successful mediation process. Consider the following factors when choosing a mediator:

Qualifications and experience: Seek a mediator with a background in family law and experience handling cases similar to yours.
Communication style: Opt for a mediator who can foster open, respectful communication between parties.
Availability: Ensure the mediator's schedule aligns with yours to avoid unnecessary delays.
Fees: Discuss the mediator's fees upfront to ascertain they fit within your budget.

Preparing For Mediation

To maximise the mediation process, take these steps:

Identify your goals and concerns: Understand what you aim to achieve through mediation and any concerns you may have.
Gather relevant documents: Collect necessary documents, such as financial statements or parenting plans, to support your position during mediation.
Consult a legal professional: Seek legal advice to comprehend your rights and obligations and to help you prepare for the mediation process.
Stay open-minded: Approach mediation willing to compromise and find mutually beneficial solutions.

Mediators usually require various documents which your Lawyer needs to prepare. Consult with your family Lawyer about this.

After Mediation

At the conclusion of a successful mediation, parties often leave with a sense of achievement and relief, knowing they’ve resolved their issues in a respectful and cooperative manner. This can foster a healthier relationship moving forward, particularly crucial when co-parenting is involved.

A mediator is usually agreed upon between the Lawyers and the parties.

If you’re about to embark on the compulsory mediation process for your family law matter, take the first step towards a more harmonious resolution by engaging a qualified mediator. At Linda Emery & Associates , our team is here to guide you through the process and help you work towards a fair and enduring agreement. Contact us today to learn more about how we can support you in navigating the complexities of family law mediation in Australia.

Linda Emery

Common Issues Addressed In Mediation

Mediation can help resolve a wide range of family law issues, including:

Property & asset division
Child custody and parenting arrangements
Spousal & child support
Post-separation financial matters
Parenting plans & communication strategies

In conclusion, mediation plays a crucial role in Australian family law cases, offering a cost-effective, efficient and collaborative approach to dispute resolution. By choosing the right mediator and preparing for the process, parties can reach a mutually satisfactory resolution that caters to everyone’s needs and interests.

Everything You Need To Know About A Family Lawyer

Thu, 20 Apr 2023 23:45:15 GMT

Navigating the complexities of family law can be a challenging and emotional experience. Enlisting the help of a professional, such as a Central Coast family lawyer, can make the process more manageable and help you work towards fair outcome. In this article, we’ll explore what a family lawyer is, qualities to look for in a family lawyer and how to find the right one for your needs.

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What Is A Family Lawyer?

A family lawyer is a legal professional who specialises in handling matters related to family law, such as divorce , child custody, property settlements and other family disputes. These lawyers are trained to provide legal advice, negotiate on your behalf and represent you in court if necessary. They understand the intricacies of family law and are equipped to offer guidance during these trying times.

Finding The Right Family Lawyer For You

Now that you know the qualities to look for in a family lawyer, it’s time to begin your search. Here are some steps to help you find the right professional for your needs:

Ask for Recommendations: Speak to friends, family or colleagues who have gone through similar situations for referrals to reputable family lawyers.
Research Online: Use the internet to research central coast family lawyers and read client reviews to gauge their reputation and expertise.
Meet with Prospective Lawyers: Schedule consultations with potential lawyers to discuss your case, ask questions and get a feel for their communication style and approach.
Assess their Expertise: Ensure the lawyer you choose has experience dealing with cases like yours, as this can have a significant impact on the outcome.
Consider the Cost: Family lawyers may charge differently, so it's essential to understand their fee structure and ensure it fits within your budget.

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Qualities To Look For In A Family Lawyer

When seeking the assistance of a family lawyer, it’s crucial to find someone with the right qualities to handle your case effectively. Here are some key attributes to consider:

Experience: Look for a lawyer who has extensive experience in family law, as they will be more likely to provide accurate advice and have a better understanding of the legal system.
Communication: A good family lawyer should be able to communicate clearly and concisely, ensuring you understand the legal process and your rights throughout the proceedings.
Empathy: Family law matters can be emotionally charged and a compassionate lawyer who can empathise with your situation will be better equipped to provide the support you need.
Negotiation Skills: The ability to negotiate effectively is essential in family law, as it can lead to more favourable outcomes and potentially avoid lengthy court battles.
Organisation: A well-organised lawyer will be able to manage your case efficiently, keeping track of important documents and deadlines.

Contact Linda Emery & Associates For A Consultation

When you need a skilled and compassionate Central Coast family lawyer, look no further than Linda Emery & Associates . Linda Emery has been admitted as a Solicitor for 40 years and is very experienced. Our team of experienced professionals provides personalised, effective legal support during your family law proceedings. Don’t hesitate to contact us today to discuss your case and learn how we can help you navigate the complexities of family law.

Linda Emery

What Are the Steps Involved in Conveyancing for Selling?

Mon, 27 Mar 2023 23:58:35 GMT

Selling a property is a multi-faceted process that demands several steps be taken before the sale can be completed. One of the critical components of this process is conveyancing , which involves the legal transfer of property ownership from the seller to the buyer. In this blog post, we’ll provide a comprehensive outline of the steps involved in the conveyancing process for selling a property.

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Step 1: Appoint a Solicitor/Conveyancer

Appointing a solicitor or conveyancer is the crucial first step in the conveyancing process. This legal professional will be your trusted guide throughout the sale, providing valuable advice and ensuring all the necessary paperwork is completed. A solicitor or conveyancer can offer expert support in a variety of ways, including:

Reviewing and preparing legal documents including the contract for sale, ensuring all the necessary terms and conditions are included in the contract to protect the interests of the seller.
Title searches and checks to confirm the ownership of the property and any outstanding debts or encumbrances and ensure the property is free from any legal issues that may affect the sale
Liaising with the buyer’s solicitor or conveyancer to negotiate the terms of the sale. This ensures any issues or concerns raised by the buyer are addressed.
Settlement arrangements coordinated with the buyer’s solicitor or conveyancer to ensure arrangements for the payment of the purchase price and the transfer of ownership to the buyer.
Advice and support throughout the sale, answering any questions you may have and ensuring the sale runs smoothly.

Step 3: Engage A Reputable Real Estate Agent

Engaging a reputable real estate agent can make a significant difference in how quickly and smoothly your property sells. A real estate agent can offer valuable support and expertise in a variety of ways, including:

Setting a realistic asking price through extensive knowledge of the local property market. This involves considering the current market conditions, recent sales data and the unique features and location of your property.
Marketing your property to potential buyers, including advertising on online property portals, social media and in local newspapers, as well as arranging open house inspections and private viewings.
Providing professional photography and staging to ensure your property is presented in the best possible light.
Negotiating with buyers and advising on the most effective strategies to secure a sale at the best possible price.

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Step 2: Have the Contract Prepared

Once you have appointed a solicitor or conveyancer, they will prepare a contract for the sale of the property. This contract will outline the terms of the sale, including the purchase price, deposit amount and settlement date. It is important to have a legally binding contract in place to protect both the seller and the buyer.

Step 4: List Your Property For Sale

Once you have appointed a solicitor or conveyancer, had a contract prepared and engaged a real estate agent, you can list your property for sale.

Throughout the sales process, your real estate agent will keep you updated on any interest in your property and provide you with regular feedback from potential buyers. They will also handle negotiations with buyers on your behalf and assist with the preparation of the contract of sale.

Linda Emery

Your Local Conveyancers

At Linda Emery & Associates , we offer professional conveyancing services to help you navigate the complexities of the property sale process. Get in touch with us today via our contact page or give us a call on (02) 4323 4766 .

What Should You Not Do During A Separation?

Fri, 25 Nov 2022 00:10:00 GMT

Choosing to separate from a partner is one of the most emotionally and practically challenging times of your life. While few would wish for a separation, sometimes this is truly the healthiest path for you and your partner to take and can end in both of you being happier in the long run.

However, when it comes to the short term, you may struggle to know what to do or what not to do for the best. Here, we will examine some things that you should not do during a separation – actions which will make the process much harder and more complicated. Read on to find out more, and how Linda Emery can help.

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Don’t Advertise Your Separation

When you are experiencing a separation, you may wish to reach out to friends and family for support. While this is natural and healthy, you should avoid talking about your separation on social media, or discussing it with people you don’t know well.

Don’t Spend A Lot Of Money

A separation is certainly going to have a profound impact on you emotionally, and it may be tempting to splurge on luxury items. You should think carefully before making any major purchases, as this could seem suspicious to your former partner when it comes to dividing your assets. Not only this, but making big financial decisions during such an emotionally fraught time is generally not advised.

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Don’t Avoid Seeking Legal Counsel

While you may be concerned about the expense and difficulty of seeking legal advice, it is important to do this as soon as you feel able to. Obtaining legal advice on your entitlements in a property matter or parenting issues is important to know how to progress. Linda Emery can refer you to mediation to try & resolve any issues. Discussing this in a calm fashion with someone who is aware of the legal side of things is a good idea for both you and your former partner, and could help you decide what you wish to do next.

Don’t Keep Your Partner From Seeing Your Children

Do you have children? You must try and put them first and remember that they do not have autonomy in this situation. While tensions may be running high, it is important to remember what is best for your children. As such, you should avoid preventing your former partner from seeing your children during this time unless in the instance of abuse or neglect. Remember that you may need to create a successful co-parenting relationship after your separation, and it is best to start now. Obtain legal advice to assist you with how to progress.

Linda Emery

Don’t Separate Before Having A Discussion

Of course, there are some situations where you will need to leave your relationship quickly – for example, if your relationship is abusive and you feel unsafe. However, if the breakdown of your relationship does not fall within these parameters, it is important to have a full discussion with your partner before you separate. You should keep an open line of communication prior to, during, and after your separation in order to reduce the amount of bad blood between yourself and your partner. This will also make any subsequent divorce proceedings less upsetting. Obtaining legal advice at the first opportunity will keep you in this process.

Contact Linda Emery

A separation is a difficult time for any couple, and can be especially challenging if you have children. At Linda Emery & Associates , we are aware that navigating a relationship breakdown and deciding what to do next can be extremely difficult, and we are here to help. Get in touch with Linda Emery for legal advice so you know your rights and make referrals to mediation or counselling where necessary. Let us know how we can support you and guide you and your family through this time. At Linda Emery & Associates, we’re so much more than just law.

What Should I Look For in a Conveyancer?

Thu, 10 Nov 2022 05:31:41 GMT

You’ve found the home of your dreams and are interested in making an offer, but first, you need to choose a conveyancer. Most individuals rely on suggestions from friends or family, but how can you choose the perfect conveyancing solicitor for you if you don’t quite understand the qualities of a good conveyancer.

Read on to learn what makes a good conveyancer and some of the top things to consider when looking for one.

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What Makes a Good Conveyancer?

1. They Can Break Down Legal Jargon

A conveyancing solicitor with strong communication skills can explain the stages in the procedure and how everything works to you simply and concisely. Solicitors are frequently called upon to explain difficult legal material to clients, and it is critical that they are able to do it in a way that is accessible to those who do not have a legal background. They should pay attention to your worries and needs, and clarify whatever you don’t understand.

3. They Have A Good Understanding Of Conveyancing Law

Linda Emery has been undertaking conveyancing in NSW for nearly 40 years and on the Central Coast for over 37 years. As a professional conveyancer solicitor she is familiar with the laws, rules, and keeps up to date with all the changes.

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2. They're Highly Professional

Since you entrust this professional with the whole management of your real estate purchase , professionalism is crucial. A great conveyancing solicitor will have a professional demeanour at all times. They will manage your business with care and capability, displaying a high level of honesty and solid judgement.

Conveyancing is a specialised and complicated field of law, and a qualified conveyancing solicitor would be knowledgeable in all aspects of it. They must be able to rapidly adjust to new situations and handle everything that comes their way.

Contact Linda Emery Today

Here at Linda Emery, we provide professional and efficient legal and conveyancing services in a manner you can understand. We are Central Coast conveyancer solicitors based in Gosford, and we break through the legal terminology and jargon to give you legal advice in straightforward, everyday English.

At Linda Emery & Associates , we have a very experienced, licensed conveyancer, Rachel Leddy with over 20 years, and Linda Emery is a conveyancer solicitor with over 37 years’ experience. The combined experience is over 60 years.

We want you to feel completely supported, which requires a personal approach in addition to ensuring that you are not frustrated by any stage in the

legal procedure. So, make sure to get in touch with our friendly and expert team here at Linda Emery & Associates for all your property conveyancing needs today.

Linda Emery

How to Find a Good Conveyancer?

1. Look At Recommendations

Checking what previous clients say about a conveyancer is a fantastic approach to evaluate them. If a conveyancer has a lot of positive feedback from individuals who they’ve helped through the process, it’s safe to say that you’re probably in good hands. Linda Emery prides herself on her repeat clients.

2. Ask Friends & Family

Your friends and family members are likely to have gone through the home-buying process at some time. Having a family member recommend a conveyancing solicitor provides you with a decent indication of what you should expect.

Why You Should Retain A Lawyer To Draft Your Will

Mon, 07 Nov 2022 00:43:44 GMT

When writing a will , you want to make sure that your wishes are taken into account and that everything is done properly. This means that writing a will can be challenging (especially if you’re not familiar with the process or have never written one before) as you don’t want to leave any room for interpretation.

If you want your last wishes to be carried out properly, then you need someone who knows about the law. In this blog post, we look at why else you should hire a lawyer to write your will.

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Why Should You Hire A Lawyer To Write Your Will?

There are 4 main reasons why you should consider hiring a professional lawyer to write your will. For example, they can use their expert legal knowledge to:

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Ensures Your Will Is Legally Binding

A lawyer writing your will can ensure that it’s legally binding by following the guidelines set out by the state law.

In NSW, a valid will should be in writing and signed by the testator. It must also contain two witnesses who are present when the testator signs it and who have signed as witnesses. If there is more than one page in your will, each page must be signed and witnessed.

After you die, your executor or administrator usually must apply for probate of your will in court. You can contact Linda Emery & Associates for expert advice in this area.

Linda Emery

Reduce Chances Of Someone Contesting Your Will

A professional lawyer drafting your will can reduce the chances of someone contesting your will by ensuring that it is written in a way that will stand up to legal scrutiny.

This means using the correct language and phrasing, as well as following any specific requirements set out by state law. The contents of your will should also be clear and unambiguous.

Ensure That Your Estate Gets Divided According To Your Wishes

You can divide your estate in any way you like in your will, whether that be by providing gifts or percentages of the residue of your estate to certain people. However, you need to be aware of what assets you are able to dispose of in your will, adequately identify the beneficiaries and take into account people who are eligible to contest the will.

By retaining Linda Emery & Associates to draft your will you will be able to receive advice on all areas relevant to your estate so that you are able to sign your will with confidence as to the division of your assets on your death.

Provide Certainty To Your Executor In Dealing With Your Assets

If you have a will drafted by a professional lawyer that meets legal requirements it can provide certainty and clarity in an often times incredibly emotional period.

The administration of your estate can be a complex process. However, if you have a will the appointed Executor will be able to apply for a grant of Probate which authorises the Executor to deal with your assets after your death and in accordance with the provisions in your will.

If you do not have a valid will at your death the process can become significantly more complicated. Linda Emery & Associates have decades of experience and are able to provide advice on all estate administration aspects.

What Do Family Law Solicitors Deal With?

Mon, 30 May 2022 00:58:09 GMT

What Can A Family Law Solicitor Help With?

Based in Gosford, we have over 30 years of experience operating as Central Coast family lawyers and pride ourselves on offering outstanding emotional and legal support for our clients.

Linda Emery has over 35 years of experience in law as well as expertise in family law, so rest assured our team can inform you of your rights under the law and make deliberate decisions on your behalf. In particular, we cover:

It can be a difficult and stressful time dealing with court and legal proceedings. The legal side can prove confusing and the emotional side can prove distracting and damaging to your everyday life.

This is where family law solicitors step in. They are experts in family law and will be able to offer you advice on these areas as well as legally represent you in court proceedings.

But what do they cover? And what is family law?

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Family Law On The Central Coast

Also known as matrimonial law, family law covers all legal and domestic issues within families, including marital, civil, de facto and domestic partnerships.

Generally, family law will cover these areas in terms of the legal separation and end of relationships: divorce, annulment, and legal separation, custody of children, financial support and visitation rights for children, spousal maintenance payments, ancillary relief, and property settlements.

Some family law solicitors will specialise in one of these areas but other firms, such as Linda Emery & Associates , will cover all of these.

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What Does A Family Lawyer Specialise In?

A family law solicitor will deal with the legal issues between family members. They will represent and guide you from the outset, assisting negotiate a settlement and formatting any settlement. If court proceedings are commenced Linda Emery & Associates will represent you at each stage of the proceedings.

At Linda Emery & Associates we also deal with all things relating to Family including Wills , Power of Attorneys , Enduring Guardianship , the sale and purchase of property and superannuation issues.

The day-to-day things a family law solicitor deals with often change rapidly as new cases come up. They will work with all manner of clients, from children up to seniors, and assist many families throughout legal cases.

Among the things they deal with, a family law solicitor will represent clients in court, examine the evidence, negotiate and review court documents, resolve complex claims, reach settlements, liaise with other professionals, patiently manage emotionally-trying circumstances and guide you through the process.

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Get In Touch

For all of your family law needs, Linda Emery & Associates are here to offer support to you. Let us make this as easy and stress-free as it can be. Get in touch to start discussing your needs.

I Have Told My Partner I Want To Separate - Now What?

Mon, 16 May 2022 01:28:20 GMT

Separating from your partner is a decision nobody wants to have to make, and not one that should be taken lightly – but sometimes being trapped in a relationship that doesn’t make you happy can be much worse for your whole family.

But once you have made the decision to separate, and once you have told your partner of your intentions, what are your next steps? How can you complete the separation as painlessly as possible in a way that is acceptable for both parties? Let’s take a look at what you should do next.

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Grab All Personal Documents

Despite the desire to take sentimental objects with you, the best thing you can do is to make sure that you have any and all documentation that pertains to you and will be useful when you are living independently.

This includes everything from passports and your driving licence to your birth certificate, healthcare card, insurance documents, citizenship information, tax documents, bank statements and superannuation statements. These could all be useful in any property proceedings and will certainly be useful in establishing an independent life for yourself.

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Think About Division Of Assets

While the focus of your discussions will probably be centered around your relationship and family, one of the first discussions you should be having is around your personal property and assets, including things like houses , cars, superannuation and possessions.

Sadly, one of the thorniest and most difficult elements of any family law proceeding is how your assets are divided, so setting some ground rules and expectations early can be a great way of helping things along. It will also help with your personal finances and wellbeing to have set budgets and allowances early on, which will in turn reduce potential points of conflict.

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Plan For Parenting Arrangements

One of the few things that warring couples can agree on usually is that the interests of their children matter more than anything else, so that should be an early focus of your discussions. The faster you can get a routine and some concrete parenting arrangements established around their living situation, the happier they will be in the long run.

The worst thing that can happen is that the children end up being sent from pillar to post and being used as pawns in your arguments, so the faster you take that off the table the better it will be for everyone. It is best to obtain legal advice early before you put parenting arrangements in.

Contact Linda Emery & Associates Today

Here at Linda Emery & Associates we are committed to making family law matters as easy and stress-free as possible, to help both parties get what they want without the heartache. If you’re thinking of separating, and you want to get the best advice early, get in touch to book an appointment today.

Linda Emery & Associates is so much more than just law.

Get Legal Advice

Most couples hope that their separation can be carried out amicably, but even partners committed to a peaceful solution can benefit from legal advice to establish what their rights are and what their best options are.

This doesn’t mean fighting your ex-partner across a courtroom but having legal advice when you’re preparing your family law documents and setting up your future parenting arrangements and financial affairs can take a load off your mind during an incredibly stressful time, and make sure you’re mentally healthy during the process.

How To Find A Good Family Lawyer?

Thu, 28 Apr 2022 01:37:38 GMT

Choosing the best family lawyer during a divorce or family dispute is essential to ensure that the proceedings go as smooth as possible. Not only will they help you attain the best outcome but they will assist you in understanding the entire process and making important decisions that will impact your future. The right family lawyer can make everything faster and infinitely less stressful. But choosing the right family lawyer can be a daunting prospect. How do you know which is right for you? If you’re unsure how to find a good family lawyer, we can help you out.

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Why You Need A Family Lawyer

Family lawyers are responsible for handling any legal issues that may arise between family members. This can include everything from spouses going through a divorce and everything that may entail to child support agreements or disagreements. They can also assist in wills , property settlements and other family-related matters. Family lawyers help their clients negotiate agreements and assist their parties in making informed decisions by providing specialised and expert advice.

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How To Choose A Good Family Lawyer

When it comes to choosing a family lawyer you want to ensure that you are comfortable with your lawyer, their speciality and their experience. With this in mind, you should be looking for certain criteria:

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Experienced

Family law is a complicated and often evolving field of law. When looking for the right lawyer you want to ensure that you choose an individual who is well versed in the profession and has some experience under their belt. Family proceedings often require a lawyer who can adapt to many different situations and has the skills to navigate them all.

Reputable

As someone gains more experience they are also going to build up their business reputation. This reputation, whether it is good or bad, will reflect in the community. Pay attention to this reputation as it will be a big indicator of whether or not you wish to enter into a business relationship with them or not. If they’re reputable they will have plenty of good reviews by past clients for you to look at.

Accredited

When looking for the right lawyer make sure you are speaking to those who specialise in family law and not just general practice solicitors. Due to the complexity of the family law field, the necessary accreditation is essential to ensure that they will be able to assist you to the best of their abilities. Family lawyers undergo rigorous training and examination to achieve specialist accreditation and ensure that they are qualified in the field.

Personal Compatibility

While expertise and experience are always important, it’s also essential that your family lawyer is compatible with you as an individual as well. While it may essentially be a business relationship, there needs to be some level of understanding and compatibility so that you trust that they understand what it is you are seeking and have your best interests at heart. Taking the time to find someone you are on the same page with is essential when you are looking for the right family lawyer. Look for someone that will understand your decisions or will help you if you decide to go to other alternatives than going to court .

Contact Linda Emery & Associates Today

While it may take you a bit of time, finding the right family lawyer isn’t as difficult as it may initially seem. Take some time to go through your possible options and pay attention to their experience, speciality and reputation. This will help you narrow down your list and find the right family lawyer for your situation. If you’re on the search for a great family lawyer to assist you through some family related issues, get in touch with the Linda Emery & Associates team today. Our team of experienced and professional family lawyers will be able to assist you with any situations that may have arisen in your family. We have made some adjustments to take care of you during COVID 19 while handling your family matters .

How Long Do Divorce Proceedings Take?

Thu, 31 Mar 2022 01:56:00 GMT

In Australia, divorces can be a lengthy process, especially when you consider the twelve months of separation required first. If divorce is the only way for both parties of a relationship to move forward, then it will be worth however long it takes, but the next step of the process can vary once the separation period is over.

In this article, we will look at how long it takes for a divorce proceeding , alongside factors that can (and often do) affect the length of proceedings.

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The Initial Separation

Australia is a unique case in that you must be separated for twelve months before a divorce can be initiated. Generally speaking, this means the pair must live separately for this time – one spouse can initiate this, or they can come to an agreement.

There are some circumstances where a couple can classify as separated while still living at the same address; you must seek legal advice if this scenario is the only possible (or most practical) one. If this couple has been married for less than two years, they must first attempt marriage counselling before proceeding with a divorce.

Overall, there are plenty of measures in place to make sure that divorce is (understandably) the last resort and not something that salvageable couples default to in the heat of the moment.

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Childcare Arrangements

Children in Australia have the right to a relationship with both parents. In cases of standard separations parents must agree upon a suitable schedule for their children; this does not mean a 50/50 split, but whatever works best for every party.

However, in some situations it is important for the child to remain with one party such as examples of emotional or physical abuse, incarceration, or neglect.

With extensive experience in family law , Linda Emery is knowledgeable and able to support with the complexities involved in these situations.

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Property Negotiations

Part of what makes most divorces last as long as they do is the negotiation process – trying to divide an entire life between two people is very difficult, especially if neither party can agree on who owns what. If discussions go well on this front, divorce should only take a few months from filing to completion – but there are often difficulties with dividing assets, which can draw it out.

When negotiations are as complete as possible, the court hearing ultimately decides to grant the divorce. Even at this point, there is another month to go until each party receives a decree nisi – this document signifies a complete and final dissolution of the marriage. Your divorce is not final until you know the decree nisi, even if you already know the court’s decision.

Get In Touch For Divorce Advice

There are two main obstacles to a quick divorce – mandatory separation and negotiation. Without the stresses of the latter, any couple could divorce quickly and easily. It is often not that simple, meaning you need a good divorce lawyer in your corner.

At Linda Emery & Associates , we have decades of combined experience navigating the courts of Australia to help dissolved couples find the peace of an easy divorce process. Contact us today , and we can help you just as we have helped many others across the Central Coast.

Can A Binding Financial Agreement Be Overturned?

Wed, 02 Mar 2022 02:02:56 GMT

It’s possible for a binding financial agreement to be overturned, with the court having the ability to overturn any agreement in place. If you have a binding financial agreement and you are about to face family court, you may be wondering if this agreement can be overturned, including in the event of a divorce or separation.

In this article, we’ll discuss what a binding financial agreement is and whether or not these can be overturned in Australian family court.

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What is a binding financial agreement?

A Binding Financial Agreement (BFA) is an agreement between two parties that takes the form of a written document signed by both parties and both parties lawyers. It governs the interests of their property in the event of separation or divorce .

It’s possible to enter into a Binding Financial Agreement before starting a relationship, during its course, or after it ends. If made after the end of a relationship, the BFA must be finalised within twelve months of the divorce order or two years after the date of separation of a defacto relationship .

To formalise a binding financial agreement, each of the involved parties must seek independent legal advice about specific matters that the agreement may involve. They must also present an official certificate from their legal advisor to prove the same. A financial agreement is binding to both parties if:

It’s presented in writing and signed by both parties.
It includes a statement clarifying that each of the parties involved obtained independent legal advice before signing the agreement.
The involved parties are already in a relationship or contemplating entering one.
Each of the parties involved presents a signed statement from the legal practitioner who advised them on the advantages and disadvantages of the agreement.
The agreement hasn’t been set aside or terminated by a court of law.
It includes a declaration of separation.

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Overturning a binding financial agreement

Involved parties can overturn a binding financial agreement in one of two ways. The first method involves creating a new agreement. It must include a provision that declares the termination of the previous financial agreement. Alternatively, they can create a termination agreement. It’s a written document stating the end of the binding financial agreement in question.

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Factors that may lead to overturning a binding financial agreement

The court is authorised to set a binding financial agreement aside on determining it to be invalid. There are various reasons why this could happen, as listed in Section 90UM and Section 90K of the Family Law Act passed in 1975.

These reasons include:

If the court determines that the agreement was made for the sole purpose of defeating or defrauding a creditor, or if it was made with reckless disregard to the interests of the creditor
If the agreement was obtained through fraud, for instance, through failure to disclose either of the party’s liabilities or assets at the time of making the agreement
If the court deems it impractical to carry out the BFA
If the agreement is declared unenforceable or void in the sense of contract laws. For instance, public policy, mistakes, breach of the agreement, misinterpretation, or unconscionable conduct
If the circumstances of one of the parties involved in the agreement have changed significantly, for instance, through hardships or the

continuing care of children .

6. If, after analysing all the circumstances, the court deems that it would be equitable and just to set the agreement aside

It’s possible to overturn a binding financial agreement in a family court or separation or divorce proceeding . Getting the right legal advice enables you to navigate this process in a way that is fair to you.

Contact us

If you’re at the end of a relationship and have questions regarding the termination of a binding financial agreement, it is advisable to get good legal advice.

For many decades Linda Emery & Associates has worked tirelessly to help hundreds of individuals across the Central Coast understand their rights inside and outside the courtroom. We help simplify matters such as the termination of binding agreements to make it easier for our clients to understand concepts and get resolution.

Feel free to contact us today for legal advice on navigating such common issues.

What Is Mediation In Family Law?

Sun, 09 Jan 2022 02:17:21 GMT

When a couple separates who have children and/or property jointly, arrangements need to be made for how these are managed following the dissolution of the partnership. For some couples, the division of property and child access and residency arrangements can be agreed quickly and amicably. However, for a sizeable number of couples, reaching a solution on how best to divide joint assets, or deciding what level of child access is reasonable, can be a challenge. In some cases, the break-up may be a bitter one, with both parties full of acrimony and anger. In other cases, each party may have their own idea of how arrangements should look and may not be prepared to compromise.

In these circumstances, mediation may be a suitable option before considering legal action.

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What is mediation?

Mediation involves the use of a trained, neutral professional who works with both parties to try and reach a mutually satisfactory solution to the issues of property division and child residency , access and maintenance. It is usually recommended as a way of resolving civil matters, as an alternative to protracted court action. Although not legally binding (unless parties enter into a formally signed Term of Settlement agreement), the agreement obtained through mediation can subsequently be recognised by a court as part of divorce or family court proceedings.

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What are the advantages of mediation?

The process of mediation has several benefits over court proceedings to decide on civil matters. These include:

Cost

Mediation doesn’t need to be completed by a legal professional, which lowers the cost. It also requires less time than court proceedings, saving on hourly costs.

Time

Courts are busy locations, where it can take months for hearings to be scheduled. Given that the judge may require several hearings before a final decision is reached, it can take years before a final solution is determined by the court. In contrast, mediation can resolve matters in just a few short weeks.

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Flexible Negotiations

When a civil matter goes to court, it is the judge that decides on the way forward. If either party is unhappy with the decision, they will have to launch an appeal (which costs money and takes time). In addition, an appeal may not be successful. During mediation, there is time for negotiation, allowing both parties to compromise in order to find a workable solution specially making some adjustments on parenting during COVID 19 .

Less Stressful

The way that court is set up tends to create a highly emotional environment, that mitigates against a mutually satisfactory solution. Whilst one party may “win”, the amount of money, time and stress the process can cause means it’s not usually the best option for civil matters.

THE MEDIATION PROCESS

Mediation consists of five stages:

Preliminary meeting (the mediator holds a preliminary meeting with both parties).
Statement of the problem. This stage generally consists of both sides meeting with the mediator to “put their side”.
Evidence gathering. If necessary, each party needs to (briefly) put together evidence in support of their case.
Problem identification. The mediator looks at the information given, along with the statements from both parties and attempts to tease out which issues can be readily agreed on and which require negotiation.
Negotiation. The aim of this process is to try and find a mutually agreeable way forward. A variety of different techniques and approaches can be used, depending on the situation. Commonly, a mediator may put together a solution, then ask each party to tweak it until a suitable compromise is found.

If facilitated correctly, mediation can be a powerful tool for conflict resolution, helping both parties reach an agreement, even if tensions are running high. If the family is still unable to reach an agreement, you may call Linda Emery & Associates for legal advice and have a talk with our family lawyers on the Central Coast.

Are There Alternatives To Going To Court In Family Law?

Tue, 30 Nov 2021 02:31:11 GMT

Every parent dreads having to go through a strenuous court case when it comes to agreeing upon custody and asset division. It is only natural that people would want to avoid the court for a matter such as this – the stress, expense and time can take both parents away from their children, for example.

Though it may take some level of mediation, most Australians manage to effectively navigate these issues after their relationship ends without needing to present them before a judge. Here are the practical solutions to the legal issues surrounding the end of your relationship.

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1. Family Dispute Resolution

One of the main forms of mediation after a relationship ends is Family Dispute Resolution. This is primarily to do with parenting and provides a space for each side to openly discuss the problems at hand – while keeping the focus squarely upon what is best for their children.

Family Dispute Resolutions are compulsory before anything can go to court; you can solve nothing if the first point of call is a lengthy case. Sometimes, the easiest path forward is to attempt negotiations and try to find a happy balance. Everything discussed is confidential and cannot form part of a case unless it relates to child abuse.

With the growth and successful development of at least one child being a factor in this, everyone must work to achieve the best result. If petty arguments get in the way even at this stage, it makes court far more likely. A failed resolution results in a Section 60I Certificate , which lets the dispute go to court.

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2. Financial Agreement

You can theoretically have an informal agreement without proper documentation, and some couples can agree upon dividing their assets. However, either side can challenge this without documentation, which could spiral into a court case. A simple disagreement or a changed mind is all it would take to throw the entire arrangement into chaos.

For this reason, we recommend you compile a substantial financial agreement with the help of a legal professional or a f amily lawyer . This details how to divide everything and could take the form of a pre-nuptial agreement, perhaps at the start of a relationship. A pre-nuptial agreement can provide solid backing for couples to know what they are entitled to if the relationship comes to an end.

It is not uncommon to create a financial agreement at the end of a relationship – these are equally valid. It may be tougher to negotiate at this stage, but a result that everyone can agree upon will still be just as legally binding.

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Consent Orders

A consent order can apply to either parenting or property and is typically a way to formalise the informal agreements and negotiations. It is assessed and approved by the court but does not come at the end of a court case – this makes it an efficient way to speed up proceedings. The main difference between financial consent orders and financial agreements is that the court does not approve the latter, though it still has legal grounding.

Once again, you should seek legal counsel when deciding upon a consent order – you need full law advice to navigate them in a way that is fair to you. These orders are filed at the Family Court of Australia. If you need help how to find a good family lawyer , you can try looking through social media for suggestions or look for a local family lawyer like Linda Emery & Associates.

Contact Us

If you are at the end of a relationship and struggling to split assets and childcare , it can help to know the court is not the only option. Linda Emery & Associates has worked tirelessly for decades to help defacto relationships and uncoupled families across the Central Coast understand their rights both inside and outside the courtroom. If you need legal advice to help navigate these common issues like spousal maintenance , feel free to contact us today .

What Are The Reasons For Needing A Solicitor?

Mon, 23 Aug 2021 02:41:24 GMT

Needing a Central Coast Solicitor can be very pretty wide-ranging, so we have collected some of the common reasons you may need to call a solicitor.

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Family law

While it might be a common, if unfortunate, occurrence, relationship breakup is rarely straightforward. Even an amicable breakup will require the division of assets and sometimes parenting agreements regarding your children. Whatever terms you are on with your partner, discussing all of this with a solicitor is a necessary part of breakup and your solicitor can assist with legal advice to formalise any agreement reached.

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Court appearances

Even if you have minor traffic offences, you may need to appear in court. There are many other reasons for a court appearance including drink driving, apprehended domestic violence orders, drug offences and assault matters. In these cases, a solicitor can both advise you ahead of your court date and represent you in court. This means that the outcome of your court appearance is more likely to go in your favour, as a solicitor will be skilled in presenting your case and giving you the correct advice.

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Writing or updating a will

Nobody likes to think about what happens after we pass on, but writing a will is a vital part of making sure your assets and estate are distributed as you wish after your death. A solicitor can help you to write or rewrite a will in a way that makes it more straightforward for your future beneficiaries.

CONTESTING OR DEFENDING A WILL

There are times when a person is left out of a Will and wants to make a claim. Or if you are the Executor in a Will you need to uphold the terms of a Will. This is a complex area of law with time limitations. A Solicitor can help you navigate this process and minimise the stress. You may need to update your will due to new laws or you want to make some changes, these needs a solicitor/lawyer to address and witness even during COVID 19 .

RETIREMENT VILLAGES

If you have decided it is time to downsize a solicitor can help with the sale of your home and documentation to move into a retirement village .

PROPERTY SALES, PURCHASES & REFINANCES

Buying property is often one of the most exciting events of your life. Consulting with a solicitor is a vital part of ensuring that your property purchase (or sale) goes through without a hitch. Conveyancing solicitors are experts in this field and can make sure you do not encounter any nasty surprises along the way.

Buying or selling a property can be especially tricky if you are doing it with someone else – for example, buying a property with a partner or selling a property you have inherited with a relative. A conveyancing solicitor can help you every step of the way.

Are you looking for solicitors in the Central Coast to help you with one of these reasons, or something else? Linda Emery & Associates are here to support you through a range of legal requirements, from family law and estate law to help with court appearances and many other needs. Get in touch to discuss how we can support you.

Why you should consult an experienced solicitor/conveyancer?

Fri, 18 Jun 2021 04:30:54 GMT

Quick access to information means that more people are buying or selling properties alone and encountering problems further down the line. A solicitor / conveyancer can make the buying and selling process of your property easier and stress-free. From analysing contracts to ensuring complete settlement, a solicitor/conveyancer offers specialist knowledge and experience which can’t be taught online. Consider these reasons as to why you should hire an experienced solicitor/conveyancer.

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Save Money

Many believe that by cutting legal and/or conveyancer costs out of their budget, they are saving money on the property process. However, if you fail to complete each task correctly the first time around, you are at risk of incurring extra costs. When it comes to legally binding contracts on a property, you need to be aware of what you’re getting yourself into. Don’t be tricked by discrete clauses or caveats that could render your extra savings useless.

Experienced solicitors/conveyancers will ensure that problems are detected and avoided before you sign anything, which may save you a considerable amount of money and time.

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Take vast amounts of work off your hands

Buying and selling property involves a huge amount of work. From dealing with stacks of paperwork from mortgage brokers and building inspectors to liaising with real estate agents and potential buyers, it can cause a lot of stress. The last thing you want to happen is to become so bogged down that you pass over important paperwork which contains vital information or unwarranted action.

Solicitors/conveyancers can help those with other commitments by taking on the legal side of the workload. Their immense experience means they can streamline the process and provide solutions where necessary. They will go over documents to make sure everything is in order and speak to the vendor on your behalf. Take the stress out of the conveyancing process by hiring an experienced professional, you won’t regret it. We also provide a guide on how to find a good family lawyer and the reasons why you need a solicitor to help your legal issues on our blog. We hope that it will help you make the right decision on choosing a solicitor or conveyancer.

Linda Emery

Expert knowledge and advice

Conveyancers are there to provide an expert opinion and specialist knowledge where required. Their expertise means that, most importantly, they can make sure your contacts are law-abiding and act in accordance with your financial aims.

Although you may know exactly what it is you want out of the property process, it’s sometimes hard to know where to look to ensure that your aims are being met. Solicitors/conveyancers will check for easements, caveats and covenants which may restrict your abilities when it comes to your new property.

Although you may know exactly what it is you want out of the property process, it’s sometimes hard to know where to look to ensure that your aims are being met. Solicitors/conveyancers will check for easements, caveats and covenants which may restrict your abilities when it comes to your new property.

With more than thirty years experience servicing the Central Coast, in property transactions, contact our solicitor Linda Emery at Conveyancing Central Coast on 02 4323 4766 or Rachel our licensed conveyancer.

Or you can email at lemery@lindaemery.com.au or convey@lindaemery.com.au to engage our conveyancing services.

BUYING OR SELLING A BUSINESS ENTITY ON THE CENTRAL COAST

Mon, 24 May 2021 04:23:38 GMT

With a global pandemic, the move to obtain a new skills and a work-life balance has encouraged many people to consider the possibility of running their own business.

Changing lifestyles and technology have helped new business owners to venture down a new path. At Linda Emery & Associates , Linda and her team are available to make the journey of buying or selling a business a smooth one.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
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Seeking Guidance from Lawyers for Divorce
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When buying a business you need to consider whether the purchase is subject to a lease and whether the existing lease will be transferred. You may need to find a new location and arrange a new lease.

Franchising is another option if you a thinking of a new business venture. This type of business ownership allows an individual, partnership or company to operate their own business under the banner of an established business model.

Linda Emery has more than thirty years experience and her expertise in business law can be invaluable when starting your new enterprise.

Telephone today on (02) 4323 4766 to setup an appointment, either in person or online, to discuss your options.

Our office has a COVID safe plan to protect both clients and staff.

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

SUPPORT FOR BUSINESSES IN AUSTRALIA

Information, grants and services from across government to help your business succeed.

Linda Emery

Supervised Time with Children Explained

Thu, 22 Apr 2021 04:32:14 GMT

Supervised contact or visitation is a way of allowing one parent to spend time with their children if the other parent or a court is concerned that the children may be at risk with that parent.

In Australia, according to the Family Law Act 1975 (Cth), every child has the right to have regular contact with both of their parents and with other significant people in their lives, if it is in their best interests.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

What are some reasons for supervised time?

There are fears of abuse and aggression .
The separated parents are experiencing elevated levels of conflict.
There are concerns that the child may be abducted.
The contact parent has limited parenting skills or requires another person to help them care for the child.
A child is being introduced or re-introduced to a parent or family member that they do not see regularly, and with whom they have spent little or no time.

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

How can supervised time take place?

Supervised time or visitation can take place in one of two ways:

Firstly, a person who is known by both parents or the parent with whom the child lives can supervise the time.

Secondly, time can be supervised through a children’s contact service. Their aim is to provide a safe and comfortable place for supervised time.

Linda Emery

What happens during the supervised time?

When the supervised time starts, the child must be handed over to the parent or to the other family member who doesn’t care for them on a daily basis.
During the supervised, time the supervisor needs to ensure that they safeguard and protect the best interests of the child.
When the supervised time ends, the child must be handed back to the other parent.

It is worth noting that children’s contact services may need to provide the courts with a family report . This will mention the supervisor’s observations about the parents and child during the visitation.

How is supervised time decided?

You can have an informal agreement.
You can agree through a consent order.
Supervised time can also be ordered by a court. However, the court cannot appoint someone to be a supervisor if they do not want to do it. The court can ask the prospective supervisor to provide testimony in court if any problems arise out of the supervised contact.

Supervised time is generally set over a specific period of time with the purpose that, by the end of the set period, the visitation will no longer be needed. However, if an end time is not clarified, then the contact parent can apply to the court to have the orders varied.

What are the costs of supervised time?

When using a children’s contact service, you will pay both changeovers and supervised visitation fees, which are distributed among the relevant parties.
Do inform the children’s contact service if you are on low-income or if you are struggling financially. There tend to be arrangements in place to ensure that you can still access the service you need. This includes the Australian Government who funds numerous outreach organisations as part of their Family Support Program.

To find out more about supervised time with your children or to discuss your family law circumstances in more detail, contact us for expert family law advice at Linda Emery & Associates today on (02) 4323 4766 .

COVID-19 Witnessing Documents Remotely

Tue, 23 Feb 2021 04:44:21 GMT

Witnessing of Documents Remotely
The legislation allowing witnessing of documents via audio visual link has now been extended to 31 December 2021.
The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) commenced on 22 April 2020 and Part 2B titled “Remote witnessing pilot scheme” offers an alternative option.

The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) commenced on 22 April 2020 and Part 2B titled “Remote witnessing pilot scheme” offers an alternative option.

The Act applies to a range of documents governed by NSW legislation, including wills , powers of attorney and enduring guardianship appointments, as well as deeds, agreements, affidavits and statutory declarations.

This assists clients and the legal profession during COVID-19 , where a face to face meeting is not possible. It also ensures the safety of both clients and staff at legal offices, who are observing social distancing rules.

Devices, including mobile phones, tablets or laptops with camera and recording capabilities will be used to identify the signatory and evidence the signing and witnessing process.

Contact Linda Emery & Associates for advice on this current law on 02 4323 4766 .

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Family Law and Social Media - What You Need To Know

Sun, 31 Jan 2021 05:11:42 GMT

Do family law courts take into consideration social media posts?

Yes… with the extensive use of digital equipment and the prolific use of social media platforms for communication today, family law proceedings are now relying on posts, comments, photographs & videos as a source of evidence in family law matters .

Examples of evidence where social media has supported a party’s claim may include:

posts or comments made by an ex- partner, which are derogatory or defamatory
post or comments referring to the specific court proceedings and associated parties, such as DOCS/FACS or the police
messages sent to private profiles on Facebook and Instagram accounts
photographs or videos of ex-partner’s behaving poorly whilst caring for their child/children
inappropriate harassment using a mobile telephone
photographs or videos of domestic violence, excessive drinking or using illegal drugs

Looking for a family lawyer on the Central Coast ? Get in touch with us today!

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Conveyancing and Property in 2020 – What You Need to Know

Mon, 26 Oct 2020 05:15:29 GMT

Whether you’re buying a new home or selling and thinking of renting for a while, engaging in a conveyancer on the Central Coast is the right decision to add to your investment choices.

It’s been a turbulent time for the property market in 2020 due to all the uncertainty the pandemic has brought to our shores. The news on property has continued to fluctuate over the last few months with economists and property specialists all weighing in with their expert opinions.

From the sensational news story from 60 minutes (reporting an estimated 40 per cent drop in the Australian housing market), which has been slammed by many experts as being scaremongering and misleading. To the most recent news articles suggesting prices across the nation’s residential real estate markets are stabilising and should begin to increase in the second half of next year after a mild downturn over the coming months.

It’s fair to say, the news and expert opinions are volatile at best. From our experience the property market on the Central Coast is very active and positive for clients and businesses.

What is certain, is houses are still selling and when it comes to selling, no matter what the market looks like, engaging an experienced conveyancer / solicitor is a good investment for your future.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

What do conveyancers do?

According to The New South Wales Department of Fair Trading besides transferring ownership of sale into your name legally, there are many other elements to the process including:

Advising on contracts
Helping you to arrange finance
Paying for the house deposit
Assessing whether any government bodies are planning any developments that could impact the land or house
Organising building inspections
Determining if you’ll be subject to any land tax obligations
Arranging payment of stamp duty

Why do I need a solicitor for conveyancing?

This is one of the largest transactions you enter into in your lifetime.

You need an expert with the experience and knowledge to guide you through the process.

Other key benefits of using a property lawyer

Environmental and land issues

A conveyancer will know about your local area of purchase and any environmental issues that could arise that may not have been apparent in an inspection. They will be able to advise you if the property is in a major flood zone or risk of being in a bushfire zone. They can do land searches and title searches and subject to the searches you undertake, advise you about non-complying structures on the property you want to buy.

Avoid penalties

There can be costs involved which you may not be aware of through the conveyancing process like penalties if a purchaser does not settle on time. Other fees can arise when a property may be worth less than you have been told because of potential undetected defects and restrictions.

Searches

A conveyancer will also carry out many searches, including:

Tiles searches
Local authority searches
Building Reports and Strata Reports
Pest reports
Pool compliance reports

How much should you expect to pay for a conveyancer?

There are no set fees for conveyancing, and the amount you will pay will depend on the person you use, the amount of work required and a range of other elements.

Contact Linda Emery & Associates on 02 432 34766 for advice on the costs involved in a sale or purchase, refinance or new mortgage. We look forward to being able to assist you in your property transaction .

Parenting Matters & COVID: How Updates Affect Your Family

Tue, 29 Sep 2020 05:26:38 GMT

While it’s an unprecedented time for all areas of our life, one area of enormous impact right now is on separated families.

The courts are aware of this profound impact and have provided some updates and news to help ease the situation on Australian families.

Naturally right now, many parents are anxious about how the pandemic is affecting their children, especially when children can be living abroad, or interstate or have co-parenting situations between two households.

Part of this concern can extend to a parents’ ability to comply with parenting orders or seek changes in current orders during the pandemic.

The Family Law Section of the Law Council of Australia has recently published a guide for separated or divorce parents during the pandemic and the impact that it may have on parenting orders and court proceedings.

Some areas of consideration are:

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Court orders are still binding

If you have parenting matters that are regulated by Court Order, they are still binding, and you must still meet your obligations under those terms unless a reasonable excuse applies. If arrangements become unclear or cannot be met due to quarantine, travel restrictions or if schools close temporarily, the courts are asking parents to find common-sense solutions.

Travel and border restrictions

While the news on this is consistently being updated, currently some Australian States and Territories have border restrictions in place for non-essential travel. It’s unclear how this may be updated in the near future. Still, the courts are working with authorities to introduce appropriate exemptions on border movement for those with court orders.

If you have a court order, you may be required to show it and photo identification.

To access a copy of your court order, you can get a copy via the following link: www.comcourts.gov.au .

Options to vary a parenting order

There are three steps to this:

1. Try and communicate and find a practical solution

Parents should try and come to a common-sense temporary solution even if adjusted for a short period. Whatever the agreement is, ideally, it should be in writing even if by text, email or social messaging.

2. Get help to reach an agreement. Contact Linda Emery & Associates for legal advice on pursuing mediation.

3. Apply to the Court

If both parties are still unable to reach an agreement on arrangements, or if it is unsafe, a variation of orders can be organised. Contact Linda Emery & Associates for legal advice.

At Linda Emery & Associates , we continue to advise our clients on any new updates with regard to COVID-19 . If you are concerned about the impact on your family law matter, please contact Linda and her team for arrange a telephone or video conference.

What To Consider When Asking For A Divorce

How to Prepare for Your First Meeting with a Family Lawyer

How To Draft A Parenting Plan

Writing A Will: What Shouldn’t Be Written In A Will

When Do You Need A Conveyancer When Buying A House?

Has New Legislation Implicated Your Will?

Mon, 24 Aug 2020 05:46:58 GMT

Time to renew and update your will?

The passing of the State Revenue Legislation Further Amendment Act 2020 on the 24th June 2020, means that there can be tax implications if there are any intended beneficiaries, who are foreign persons or if the trustee owns residential property.

Any will or codicil executed after 1 January 2021 may need some additional provisions in the will.

Contact Linda Emery & Associates on 02 4323 4766 for advice on your will or if you need assistance on contesting a will .

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

3 Reasons Why You Need a Solicitor From The Central Coast

Mon, 17 Aug 2020 05:53:28 GMT

Most cases where you’re involved in a legal dispute, trying to go it alone could be extremely risky and more cost-effective than not having one.

Choosing a local Central Coast solicitor will give you peace of mind because they not only have been in practice for over 30 years, but they know the local Central Coast area and its community.

While the first things that come to mind are the obvious ones like a criminal offence or a divorce, there are many other reasons why you might need a solicitor or a lawyer. Here are a few.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Wills

According to Money Magazine, over half the adult population doesn’t have a will, which is an astounding 10 million people in Australia. Once you are over 18, it’s essential to have a will, and if you are married or have children, it’s even more critical. Whether you want to make a new will, update an old one or even contest a will , having a solicitor is vital.

A will is a legal document that may be the most important document you will ever sign. It ensures that your assets and prized possessions go to the people you want, such as your family or friends.

It’s never too late to start a will or get one updated.

Parenting Resolution

Often divorce can happen quickly, and at the time, the decision you made previously with your ex-partner may not suit your current situation for a host of reasons. You may have never thought you would need a solicitor, but external factors can shift mindsets, and when it comes to children, emotions often run high.

A solicitor can help you with the necessary steps and guide you with the right path of options of family counseling, family dispute resolution, or court proceedings.

Buying or selling property

Buying or selling property is one of the most critical decisions in a person’s life, and perhaps the most bewildering too. Unless you have a legal background, trying to sift through the minefield of legal paperwork, negotiations and calculations can be a daunting task best left to the professionals.

Hiring a conveyancer solicitor means you can concentrate on the other essential things like negotiating the sale of the property and working with your bank.

If you are seeking legal advice on any matter, whether it be Family Law , Refinancing, Conveyancing, Wills , Powers of Attorney , Enduring Guardians, Estate Planning , Debt Recovery, etc., we are available to respond promptly.

We can then talk you through all of the essential issues to protect your interests. Call us today and talk to Linda Emery & Associates , the top solicitor/lawyer on the Central Coast.

What To Consider When Asking For A Divorce

How to Prepare for Your First Meeting with a Family Lawyer

How To Draft A Parenting Plan

Writing A Will: What Shouldn’t Be Written In A Will

When Do You Need A Conveyancer When Buying A House?

Why Linda Emery Is Your Top Choice

Sun, 28 Jun 2020 06:03:34 GMT

Almost all of us will need a lawyer at some point in our lives, whether that is buying or selling a house, getting divorced, chasing a debt or trying to deal with a loved one’s estate. In order to make sure that you get a satisfactory result on your case, you need to hire the best lawyer on the Central Coast .

There are plenty of reasons why Linda Emery & Associates are top lawyers for many types of legal claim.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

What does Linda Emery deal with?

Many NSW lawyers only deal with a small number of legal cases, for example conveyancing or family law, but Linda Emery & Associates are able to deal with a wide range of cases, including estate , conveyancing , court litigation , business law and family law .

This gives you the opportunity to have your case managed by an extremely knowledgeable team.

What experience does Linda Emery have?

Linda Emery has been working on legal cases for more than 30 years, and keeps up to date with regular legal education programs. This means that she attends presentations and seminars which keep her up-to-date on current legal practices across New South Wales. You can ask her to take your case knowing that she has modern skills and knowledge to succeed in court.

What qualifications does Linda Emery have?

Linda has a number of qualifications relating to her legal degrees including her BA and LLB, and regularly takes Continuing Legal education programs as required by the Law Society of New South Wales.

This allows her to practice as a lawyer in the area, and along with the team of Linda Emery & Associates , she has the experience and skills to help you in many areas of law.

Why is Linda a top lawyer in Central Coast?

Practicing in NSW for more than 30 years, Linda does her best to support the local business community and other people in the state. She has many recommendations from satisfied clients who believe that Linda helped them to win her case. From conveyancing to family law, Linda is here to help you even during the COVID 19 .Our team made some adjustments like doing remote consultations and witnessing documents to continue providing legal services even during the pandemic.

Speak to Linda & Team today

When you are looking for a highly qualified and experienced family lawyer on the Central Coast, you should talk to Linda Emery & Associates. We can help you to understand whether you have a case, and what help we can give you.

To find out more about our services, contact the legal team online or call 02-4323-4766 now.

For more information on our Legal Services, read our previous blog post on settlement statements !

We Are Here For You During COVID-19

Mon, 25 May 2020 06:01:41 GMT

Our team is prepared to face COVID-19.

Whilst we have not been directly affected by the virus, we continue to monitor the situation closely in the interests of the safety of our clients, our staff and the community at large.

Our office remains open with appropriate safety measures in place. We have also implemented remote operations to adhere to the social distancing measures suggested by the Federal and State Government and the health officials.

The service to our clients has remained seamless in these uncertain times. We have continued to assist clients in meeting their legal obligations and assisting them with various legal matters.

If you are seeking legal advice on any matter, whether it be Family Law , Refinancing , Conveyancing , Wills , Powers of Attorney , Enduring Guardians , Estate Planning , Debt Recovery , etc., we are available to respond promptly. We understand that in these uncertain and difficult times an urgent response and immediate action can be vital .

We encourage all staff and clients to conduct meetings over the telephone or via video conference (in certain circumstances face to face appointments we understand may be necessary). Also we also allow witnessing documents remotely .

For all clients who may be affected by the virus, those who have come in contact with someone with the virus either now or in the future, we will conduct such a matter through a video conference via mutually compatible video software.

Regardless of how the ensuing months unfold, our contact telephone number, 02 4323 4766 and email address, lemery@lindaemery.com.au will remain active.

Our staff are always here to support your legal needs.

Please stay safe and well, remembering we are all in this together.

Linda Emery & Associates and Staff

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Conveyancing In Retirement Villages

Sun, 24 May 2020 06:59:10 GMT

NSW Retirement Village laws are changing. The key changes include:

a set time-frame for paying a former resident’s exit entitlement
an aged care facility payment
a limit on how long a former resident will be required to continue to pay recurrent charges after leaving

Contact Linda Emery & Associates for advice on leases for retirement villages and other conveyancing issues – 0243 234766

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

A Central Coast Lawyer Explains Settlement Statements

Thu, 21 May 2020 23:33:29 GMT

You are coming to the end of a property purchase, and are approaching the settlement of the pr operty .

You may have been told by your conveyance solicitor in Gosford that you will have to have a settlement statement in order to complete the deal, but you are not certain what this means, or what you have to do to obtain it.

Linda Emery and Associates are here to explain this term to you.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Understanding the settlement

The settlement is the term used to describe a transfer of land or property from the current owner to the buyer.

When this occurs, it is known as Settlement day, and often means that the transaction is completed. When you are buying a house , you may have to hand over keys, sign transfer documents, and make a final payment.

You will also have to complete a settlement statement.

The settlement statement

This document outlines exactly what the buyer has to do in order to complete the purchase from the seller. For example, it will include payments up to that date, and any receipts of those payments, and it may also discuss stamp duty, statement of adjustments, and any grants.

The settlement statement is usually included in the adjustments statement, so these important documents are together. You may have to include:

Total purchase price, minus any payments such as a deposit
income from the property such as rent
expenses relating to the property including land tax and rates

The settlement

Within the settlement statement, the adjuster will provide a description of the expenses or income, noting how often they are received or paid, and making a clear statement that the vendor must have paid or received these for the period up to the settlement day itself.

From that point on, they will belong to the buyer. There will be adjustments made to ensure that both the seller and the buyer will have their fair share of both the income and the expenses.

Finishing the statement

When the settlement has been adjusted to make sure that everything is fair, this is the part where you need a solicitor . The conveyance solicitor in Gosford will work with the other legal team to complete both the settlement statement and the statement of adjudication.

If you would like assistance from Linda Emery and Associates with your property settlement specially if you undergo divorce or agreements with your spouse, then you need to contact us online , or call on 02-4323-3630 now.

For more solicitor on the Central Coast information, read our previous blog on Family Reports and Mediation .

A Family Law Solicitor's Guide To Family Reports

Tue, 12 May 2020 23:43:31 GMT

Going to court for a family dispute can be a really stressful and upsetting time for everybody involved.

Having a judge decide what should be happening between you and spouse or you and your children is always a last resort if you cannot come to an agreeable conclusion outside of an official courtroom, but here at Linda Emery & Associates we understand that sometimes you have to go the full way in order to come to a solution.

We are a family lawyer on the Central Coast that specialises in the use of family reports to give the best possible overview of any given situation that might need sorting out.

To help give you a better understanding of what we are referring to, here is some information about what family reports are and what they are used for.

A Family Report is a document that is written by a family consultant, with the aim being that it provides an independent assessment of the specific issues in your case to do with parenting.

The point of the document is that it provides a neutral assessment of all the important facts and factors and can assist a judge in making hearing decisions regarding things like parenting of children and further child arrangements .

In order to prepare a Family Report, the consultant will do a number of the following:

Carefully consider the individual circumstances of each family member involved in the case.
Explore any issues that are relevant to the case and the intended outcomes.
Make an impartial recommendation based on the evidence; a recommendation that will always be intended to best meet the needs,

welfare and development of the child or children in question.

It is important to remember that the best interests of the child or children will always be the main focus of the Family Report, no matter what personal feelings might be hurt on either side of the legal dispute.

A Family Report is not allowed to be shown to external members of a family. It must only be used by the parties involved in the court case.

So, if you think that you are going to be in need of a family law solicitor in Gosford in the near future, then please don’t hesitate to get in touch with us.

A member of the trained and experienced team will be more than happy to discuss your issues and make the right recommendations based on your information.

For more family related tips, read our previous blog on how to care for yourself during a breakup or this article detailing about the effect of social media on family law .

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

How to Care for Yourself During A Relationship Breakup

Tue, 14 Apr 2020 23:54:31 GMT

No-one has fun during a divorce, and the entire process of leaving your partner and splitting your possessions can be extremely draining.

At the same time, because you have so many things to organise and arrange, including finding a family lawyer on the Central Coast , it can be hard for you to take the time to care for yourself.

Here are a few things that you should do to take proper care of yourself from Linda Emery & Associates .

Focus upon things you enjoy

When you were married, there were probably things that you would have liked to do but you never had time for. Did you give up a favourite hobby, or stop going somewhere because your partner hated it?

Now you can start doing those things again.

Set goals and find positives

It is important to have something to focus upon when you are trying to get through a divorce , so set yourself little goals. Want to lose weight?

Start it in steps, so that each time you reach your goal you can feel a little bit more positive. Focus on spending more time to your children and finding new things to do with them.

Try self-improvement

There may have been times in your marriage when you felt more like a parent to a child than a spouse.

You can move away from those negative experiences by working to rediscover your true self.

The fun-loving person who enjoyed going to the beach or to the club, rather than sitting in front of the TV watching endless reruns of CSI.

Seek therapy

Now you are separated from your spouse, it would be a good idea to try to refocus your energies on yourself.

A therapist can help you to move away from your old self, and start making changes to adapt to your new life.

Get help from a lawyer

You won’t be able to manage a divorce by yourself, and you need to see the assistance of a professional who can help you sort through each step in the process.

Linda Emery and Associates can assist you with dealing with your former spouse and all of the legal forms associated with separation and divorce.

Talk to our legal team

When you speak to Linda Emery & Associates , you will get professional help with your divorce which will allow you to attend to your mental wellbeing in your own time.

Speak to our family law team on the Central Coast today by contacting us online or by calling 02-4323-4766 now.

For more information on our services, read our previous blog post on how our solicitors help first home buyers !

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

Response to Covid-19 Virus

Thu, 19 Mar 2020 00:02:44 GMT

Linda Emery & Associates and her staff wish to advise of their response to the COVID-19 virus.

We will be actively practicing ‘social distancing’ in our office. This means we will be welcoming but will not engage in hand shaking and will endeavour to maintain a 1.5m distance in our day to day operations. Pens will be provided for signing documentation and we encourage telephone appointments during these uncertain times.

We hope these efforts will assist in limiting the spread of this virus whilst maintaining our legal services during COVID 19 . Please be assured that the quality of our services will not be affected by this pandemic. Keep safe.

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

How Solicitors Can Help New Home Buyers

Mon, 18 Nov 2019 00:13:06 GMT

If you’re look for an experienced conveyancing solicitor in Gosford, Linda Emery & Associates has a wealth of experience in helping clients buy new homes.

An experienced conveyancing solicitor can help make the process of buying a new home as stress-free as possible.

As well as giving advice and information, preparing legal documents and ensuring that the legal obligations of purchasing a property are completed, conveyancing solicitors can also bring any problems or concerns to your attention.

Solicitors have the knowledge, skills, expertise and qualifications to conduct a variety of property law services.

Other ways solicitors can help new home buyers include:

Property law advice
Drafting & reviewing of contracts
Cooling-off periods & deposits

Understanding the Legal Framework of Divorce
Preparing for the Practical and Financial Aspects of Separation
Emotional Preparation & Support Mechanisms
Seeking Guidance from Lawyers for Divorce
Want to take the Next Step?

1. Understanding Of Local Property Laws And Regulations
Navigating The Property Transaction With Ease
2. Streamlined E-Conveyancing Process
3. Personalised Attention To Contract Details
4. Guidance On Complex Aspects Of Property Transactions
5. Assistance With Property Settlement And Financial Transactions
6. Local Market Knowledge And Connections
Looking For Conveyancers And Solicitors On The Central Coast?

Linda Emery

PURCHASING PROPERTY

Every contract must include a statement in the prescribed form about the cooling-off period. The law gives the buyer of a residential property five business days to withdraw after contracts have been exchanged. Some exemptions do apply and this period may be excluded, shortened or extended.

A conveyancing solicitor can help ensure all paperwork and legalities are covered.

BEFORE PURCHASING A PROPERTY

It can be very beneficial to enlist the help of your conveyancing solicitor as early in the process as possible. Your solicitor can provide advice relating to what searches need to be carried out, and your contract options. For example, if you enter into a contract with a five day cooling off period, or carry out your pre-purchase enquiries and then exchange contracts.

Things to consider:

Whether to carry out a pest and/or building report

Whether to a strata report is available and should be obtained

Whether you have unconditional written loan approval

CONTRACT ISSUES

A conveyancing solicitor’s expertise may even help you to eliminate any properties that may not meet all of your requirements, or ones that raise red flags, once the checks have taken place. If you need to back out of a contract, solicitors are able to assess and advise.

It is important to have a solicitor who is knowledgeable, thorough, empathetic and understands their clients’ needs. Between exchange of the contracts and settlement, your conveyancing solicitor will satisfy all requirements and undertake any necessary searches.

ILLEGAL STRUCTURES

If you’ve agreed to purchase a home but have found that the property contains illegal structures, for example extensions constructed without council permission, discovered during the building and pest inspections, then a conveyancing solicitor can assess and advise whether you can rescind on your contract.

SETTLEMENT

A conveyancing solicitor will help you through the settlement process and keep you up to date every step of the way. They handle the settlement and title transfer process and have the client’s best interests in mind; ensuring that the client’s legal obligations are met to ensure their rights are protected during the process.

FINANCIAL EXCHANGE

Solicitors will ensure the financial exchange process takes place as outlined in the instructions. If you’re looking for a solicitor in Gosford who can assist you with buying a home or buying a business entity in the Central Coast , get in touch with trusted Linda Emery & Associates today. Linda has more than 30 years of experience and provides expert legal advice in family law, divorce law, estate law and business law. From conveyancing and family law to court litigation and estate matters and more. Be assured that we have the latest knowledge on the market of properties and conveyancing in the Central Coast .