Both are potentially payable when a couple has separated, but they are very different from each other.

Spousal maintenance is an obligation in which one party owes to the other party a responsibility to support or maintain that second party when they cannot support themselves. This obligation can carry on after separation and even divorce in some cases. A party who is unable to support themselves can apply to the court for an order, and in doing so has to prove their own need for the support, as well as the respondent’s (the other party) capacity to pay that support.

How is Transfer Duty Calculated?

In Queensland, transfer duty is calculated based on the property's dutiable value, which is typically the higher of either the purchase price or market value. The tax is progressive, meaning the more your property is worth, the higher the rate you’ll pay. If you are purchasing property that is either higher or lower than market value or the transaction is not at arm’s length (e.g. a transfer of property between related parties), you will need to take special measures to value the property. At Mott & Associates, we can assist you with any queries you may have about how transfer duty will be calculated for your personal circumstances.

Why should buyers consider a due diligence clause?

When you are buying a home or a unit, it can feel like an impossible task to work out what searches you should do before signing a contract. By the time you sign, you could discover issues with the property but you might not be able to terminate the contract. A Due Diligence clause in a residential purchase contract can help protect against this, and is crucial for a buyer for several reasons:

1. Comprehensive Property Assessment: It allows the buyer to thoroughly inspect the property for any structural, legal, or environmental issues that may not be immediately apparent. This includes checking for pest infestations, building defects, and compliance with local council regulations.

Your Will doesn’t have to be drafted by a lawyer for it to be valid. It is perfectly valid to use something like a post office Will kit. However, these Will kits are drafted generally and might not address all of your specific circumstances. There are also a lot of things that can go wrong with Wills, which a lawyer is experienced in recognising and preventing against.

The law sets out what makes a Will valid. If something is missing or not done properly (such as, not having the Will signed in front of two witnesses at the same time), this can mean the formal requirements aren’t met. This make the Will more complex, meaning a court application is needed for a Judge to decide whether they think a deceased person intended for the document to be a Will. In that situation, it is much more expensive than if you’d had a lawyer assist with the drafting and signing of the Will.

At Mott & Associates, Solicitors we understand the complexities and potential risks involved in acting as a guarantor. To ensure that you are fully informed and protected, we offer a comprehensive service to review and provide independent legal advice on guarantor documents. Our experienced legal team will meticulously examine the documents, explain the implications, and advise you on your rights and obligations.

We pride ourselves on delivering clear, concise, and practical advice to help you make informed decisions. Our service is designed to provide peace of mind, ensuring that you understand the full extent of your commitments before you sign any documents.

Our fees for this service start from $660 (including GST), reflecting our commitment to providing high-quality legal advice at a competitive rate. For more detailed information or to schedule an appointment, please contact us at Mott & Associates, Solicitors.

When is a good time to make your Will? That is a good question. Our answer is that everyone who is an adult should have a Will, to ensure that your wishes are followed if the worst happens.

There are a few life milestones when it might be a good time to consider writing your first Will, or updating your existing one:

1. When you turn 18. In the eyes of the law, you are an adult when you turn 18. You also then have legal capacity to make a Will.

2. When you buy a house, or another significant asset. While you don’t need to be flush with cash to make a Will, this is an important event. A Will directs what you want to do with your home, investment properties, and other assets.

Changes to the Family Law Act and parenting orders from May 2024

There are some significant changes to the Family Law Act 1975 (the ‘Act’), the majority of which are due to take effect from 6 May 2024. Whilst there are many significant amendments under the amending acts (the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023), there are some amendments which will drastically change how the court deals with proceedings and how orders are made.

The Queensland government has made drastic and significant changes to Domestic Violence law. Domestic Violence matters are governed by the Domestic and Family Violence Protection Act 2012 (Qld). These came into effect from 1 August 2023.

There have been several important cases this year about Wills. Below, we summarise two recent cases, as well as one real life example we were involved in earlier this year.

Re Chambers (dec’d) [2023] QSC 230

If you have made a Will yourself, you might want to consider having it checked by a lawyer to make sure it has been signed properly.

This case was about a person who signed a Will form which they had prepared themselves. The person who made the Will (the testator) had signed the Will form immediately underneath the important parts of the Will which gave his estate away. However, the testator had only signed on page one but his witnesses did not sign on that page. Conversely, the witnesses had signed on page two but the testator did not.

The term most people use when they are separating from their wife, husband or partner is ‘divorce’. This term is often used to describe the entire process of bringing the relationship to an end, however it actually only addresses a small part of the overall process.