By icdr 0 Comments
Do You Think a Property Settlement Cannot Happen While You are Together?

Think Again!
The issue of property settlement between married and de facto parties is complex and technical. Generally speaking, the Court cannot make a property settlement order unless it is satisfied that, in all the circumstances, it is ‘just and equitable’ to do so.

In a recent High Court decision the Court found that Orders could be made for division of property, even though the couple had not separated, but such division must be ‘just and equitable’.

In that case the husband and wife were married for over 40 years. Both parties had been previously married and had adult children. The family home was registered in the husband’s sole name. During the relationship, they each made Wills basically leaving their estates to the children of their first marriage, except that the husband, in his Will, also allowed for the wife to remain living in his property until her death.

In 2008, the wife suffered a stroke and was admitted into full time residential care. The wife also developed dementia and did not return to live with the husband. However, the parties never formally ended their relationship.

The husband also put some money into a bank account to provide for the wife’s medical needs/costs.

Sadly, the wife then passed away while litigation was still pending. Her daughter from a previous relationship continued the case on her mother’s behalf.

The High Court found that they did have the power to order a division of property notwithstanding the fact that the parties had never actually separated. However, on the basis of the principle of ‘just and equitable’, the Orders the Court made resulted in the husband retaining 100% of the assets in his name. This meant that the wife’s daughter from her first marriage in effect received nothing.

The High Court found that once it had concluded that it was just and equitable to make a property settlement order, the Court should then proceed to take the other steps associated with property settlement being the assessment of each party’s contributions and a consideration of the financial resources, means and needs of the parties and other relevant matters.

In this particular case, the husband was the sole proprietor of the home and the parties had not actually ended their relationship. Accordingly, in the circumstances of this case, the High Court chose not to alter the existing interests in property.

By icdr 0 Comments
Learn About Speeding Laws for Fighting a Speeding Ticket

When it comes to moving violations, speeding tickets are the most common. Receiving a speeding ticket is not something that anyone enjoys. However, when you do receive one, there are two things that you can do. You may either decide to pay the ticket or may also choose to fight it. If you are thinking of fighting the speeding ticket, you must learn about the whether you were charged for a “basic” or “presumed” or “absolute” speed law, and how the cop determined your velocity. Speed is generally determined through aircraft, pacing, laser, radar, VASCAR or using some other means.

What are the different kinds of speed limits?

There are mainly three kinds of speeding limits – “basic speed limit”, “presumed speed limit” and “absolute speed limits”. The three types of speeding limits are briefly discussed below:

Basic speed limit: The concept of basic velocity law is actually tricky. All of the states recognize violation of basic speed limit. You would receive a speeding ticket if you violate the basic speed limit. The officer may charge you with this type of violation if you are caught driving above or below the speed limit. The officer will determine violation by keeping the driving conditions in mind. For example, if you are caught driving at 40 mph in a 45 mph zone in thick fog and icy roads, you may be charged for violating basic velocity limit. The reason behind this is simple, in such weather condition, the speed limit is reduced. That is why, even if you were driving at 40 mph, you would still be violating speeding regulations. This type of speeding ticket is usually issued after accidents.

Presumed speed limit: Violation of presumed velocity limit may be complicated to understand. However, these types of speeding violations provide you a lot more flexibility when defending these tickets. Texas and California are two of the many states where this system is used for some or all of their roads. In these states it is legal to cross the specific speed limit. However, you need to be driving safely. For instance, if you are caught driving at 50mph in a 40mph zone, you would be “presumed” to be violating the speeding laws. However, if you were driving down a straight road on a clear, dry day, at 6 in the morning when there were no cars around, you may be able to convince the judge that you were actually driving safely, considering the conditions. If you can prove these conditions, you may be able to plead not guilty. These conditions help rebut the presumption.

Absolute speed limit: This speed limit is present in most of the states. This is actually simple to understand and quite straightforward. In this case, if the speed limit is 40mph, you have to drive at 40 mph. If you go over this limit even just by 1 mph, you would be violating the law.

If you have received speeding tickets in Las Vegas, you would need to contact an attorney as soon as you can for defending the ticket. It is important to find proper legal counsel when dealing with such matters.

By icdr 0 Comments
San Francisco Lawyers Are Always There to Help You Out

San Francisco is regarded as one of the largest cities across the length and breadth of the world. The advancement of the city and the soothing climate is primarily responsible. To make the city safe for the people, stringent laws are formulated all through. Yet, relationship problems and LGBT issues are quite harassing.

LGBT (Lesbian, Gay, Bisexual and Transgendered) people are present almost everywhere. But they often tend to hide their real self in order to lose their job and discrimination at the work place. People, who do not come under the banner of LGBT, often react quite rudely to those who are LGBT. Those who are LGBT, often suffer various problems at the work place which become the reason why they lose their job and worsen their relationship with colleagues. However, if you ever face any problem due to all this, never hesitate to consult San Francisco LGBT lawyer to defend your case. The San Francisco LGBT lawyers are extremely experienced and are capable of resolving your problems in absolutely no time.

Mediation attorneys are of immense importance if you really do not want another huge fight and are trying to settle your case silently. In almost all the mediation cases, both the parties do not see one another. The mediator will move between the rooms where both the parties are present. However, often mediation is done in the same room to save time. San Francisco mediation attorneys are excellent in terms of experience, so you can easily hire them at any point of time. San Francisco mediation attorneys are often invited to give their input about the case. This makes the whole mediation process very confidential, where both the parties can confess their part of the truth without confronting each other.

Custody of a child is a very delicate issue, as that creates a lot of impact to the child’s life. Often the custody of a child is a very critical matter, no matter what you are doing, dissolving your marriage or trying to give your child a better life. Consult a San Francisco custody attorney for your help. Remember that the child’s custody depends on only one factor and the child’s custody goes to only that person who is in the best interest of the child. A San Francisco custody attorney can help you with all the solutions that you might need to resolve your problem. The parent willing to take custody of the child must have to prove his / her home fit to keep the child.