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Is anyone able to recommend a PM in this area? Any assistance would be greatly appreciated. Cheers

Rebecca, BFA's are a huge liability risk for family lawyers. Many refuse to sign the mandatory statement of legal advice for this reason or go anywhere near the things. The reason lawyers charge so much for BFA's is not necessarily because they are complicated to draft, although of course...

Yes, there wouldn't be jail time or anything of that nature - assuming, as you have said, the title (and presumably any liabilities secured against the property) are in the husband's sole name and he is selling. The wife could of course lodge a caveat over the property or seek an injunction...

Of course you'll get the deposit back - if the sellers haven't even signed then there is no binding contract. As frustrating as it'll be for the sellers there's nothing stopping you from withdrawing your offer and asking for the deposit to be returned. A bit strange that you paid a deposit...

Google "Tabata workout" and use an exercise which involves as many parts of your body as possible - running is a good one. Do it properly and you won't be able to walk for a few minutes afterwards. Has helped me considerably with my cardio and the actual workout is only 4 minutes long.

It's like a lot of outer-suburban areas: there are some surburbs which have a reputation, and rightly so, as being poor, but there are a lot of good suburbs too. The blanket perspective a lot of people have of Logan (i.e. all of it) being a derro-area is ridiculous. The better suburbs are...

I think PT_Bear means that, for example, if the property is worth 400k, the mortgage is 200k and you want to use 100k of the equity, that you do not simply refinance and get one loan of 300k as that will be a mix of deductable and non-deductable debt - you should keep the loans/facilities for...

Just so you are aware, Consent Orders can be challenged in much the same way that a Binding Financial Agreement can be. The view held by most family lawyers, though, is that Consent Orders are harder to set aside because an officer of the court has approved and stamped them before they became...

Terry, have a read of Section 90SB - there is still a minimum time frame, subject to the other conditions in my earlier post. http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90sb.html

It's a commonly-thought, but incorrect, belief that by marrying someone (or being in a de facto relationship with them) that you will automatically get 50% of what they have when you separate. That may be the case for long marriages or long de facto relationships (depending on a number of...

I buggered the quote up.

Which state is the property in? Not sure what the laws are in the other states, but in QLD, if you lodge a caveat it will lapse after 3 months unless the other party consents to it remaining or you commence legal proceedings. As such, a caveat probably wouldn't achieve much for you if...

Hadley v Baxendale - http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Exch/1854/J70.html&query=Hadley+and+v+and+Baxendale&method=boolean

Tranfield Shipping - http://www.bailii.org/uk/cases/UKHL/2008/48.html

What PT_Bear said. Save that you can transfer a minimum of $500 out of a MISA account.

Terry, exactly, that's why it's not a great solution for most people.

Re matrimonial protection, it is very difficult. Pre-nup is the best bet. Discretionary trusts can work, but as already pointed out, the court can look past the structure and they regularly do. You would need to set the trust up so that you have no control over it and that it appears...

See a family lawyer - you should get either a Binding Financial Agreement or Consent Orders drawn up. Both documents will get you the stamp duty exemption (and there won't be any CGT payable) and will protect both of you from having the other making a property settlement claim later down the track.

Law Society complaints are a massive pain for lawyers. Every complaint has to be investigated and it takes a lot of time for lawyers to respond to them. Even if the complaint is not substantiated, there is a permanent record that a complaint has been made against the lawyer. If I were you...

Gatoblanco, I was in a similar position to you. You are right - you don't have to pay back any or all of the FHOG. You will have to pay back part of the stamp duty (I think QLD call it transfer duty) and the OSR are likely to charge interest as well. You shouldn't have to pay any penalties.