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Family Law – The legal rights of de facto couples versus married couples

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March 19, 2019

3:07 am

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Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who:

1. live together; and
2. are not married; and
3. are not siblings, parent or child of the other party.

The Family Law Act defines De Facto relation as one where the couple is not married and are not related to each other and they are in a relationship and living together. A general requirement for De Facto couples is that they have been living together for a period of at least 2 years or they have a child together.

Other criterias to determine a De Facto relationship include:

1. how long the relationship has lasted;
2. whether the parties live together under one roof;
3. what the arrangements are between them in respect of their assets and finances;
4. whether they have come to own assets together since the commencement of their relationship, etc

Previously De Facto couples were not governed by the federal laws except when there were matters in respect of children. All other matters were governed by state and territory laws.

However, recent changes on 1 March 2009 allows De Facto couples to make applications to the Family Courts for orders in respect of division of property and maintenance for couples in a De Facto relationship. De Factor partners have a responsibility to provide financial assistance to their former De Facto partner if they are unable to maintain themselves and meet their own reasonable expenses from their income. The amount of support depends on the needs of the applicant partner and what the respondent partner can afford to pay.

The amount of non-financial contribution by either party will also be taken into account when considering the division of property.

An application for maintenance will have to be made within 2 years of the breakdown of the De Facto relationship.

Parties can choose not to be governed by the new laws by entering into an agreement which outline the distribution of property division and outline maintenance provisions if a relationship ends. These types of Agreements are called Binding Financial Agreements and can be entered into when both parties have obtained independent legal advice.

At LAC Lawyers we are available to assist you in the event of a breakup of your relationship with your partner and provide you with sound legal advice in respect of your rights and entitlement.

The Most Common Areas Of Law Practice

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March 18, 2019

10:18 pm

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It should come as no surprise; there are many different types of law. It is up to each individual attorney to decide on which area or areas of law he or she will ultimately practice.

In todays fast paced world, four of the most common areas of practice continue to be personal injury, family law, immigration and criminal defense. Many of the most successful law firms have achieved this success by specializing in litigation and trial strategies, encompassing these areas.

Personal Injury Law. Personal injury law covers MANY types of injuries as well as the worst case scenario, wrongful death. These injuries include but are not limited to: birth injuries, nursing home abuse and neglect, medical malpractice, slip and fall, vehicle accidents (auto, train, bus, ATV, motorcycle, bicycle, airplane) and injuries caused by defective products.

They are caused by the negligence of someone or something and are subject to recoverable damages. The court grants these damages based on facts such as pain and suffering, medical bills, loss of earnings, emotional distress, property damage and lost earning capacity.

Family Law. In many states, family law cases require more court time (and billable hours) than any other kind of case. In reality this area of law covers much more than divorce. It also focuses on prenuptial agreements, domestic violence, separation agreements, property distribution, custody, alimony, child neglect and spousal support.

Family law attorneys are especially mindful of the delicate situations associated with the cases they take on. The feelings of all who are involved are continuously taken into consideration. As a result, struggling families can rest assured that they will receive the best representation possible.

Immigration Law. Because of frequent changes in the law, firms who deal with immigration cases are more than a little knowledgeable on the subject. They have to be.(It is interesting to note that, in the United States, Congress exercises complete authority over immigration laws.)

Immigration law can get quite complicated, depending on the individual situation. Firms practicing this type of law can assist with cases related to: U.S. citizenship, green cards, immigration appeals, visa refusals, business visas, fianc visas, family visas, PERM/labor certification, deportation defense, post conviction relief and more.

Every immigration petition or application should be carefully reviewed before it is submitted to the U.S. Department of Homeland Security. For optimum results, every defense court document should be prepared by a knowledgeable attorney, as well. As the saying goes Better to be safe than sorry.

Criminal Defense Law. Criminal defense is a very important (and sought after) area of law. This is due, in part, to the ever increasing number of individuals who are spending time in prison, for crimes they did not commit.

Since each case is different, criminal defense attorneys must keep abreast of the constant changes occurring with all of the laws that pertain to this area of expertise.

Law firms that handle criminal defense cases can help with drug cases, assaults, hand gun charges, theft, drunk driving, domestic violence, felony charges and sex offences.

Most offer no-cost initial consultations and recommend early intervention, in the event that individuals find themselves faced with the unsettling possibility of conviction, regardless of guilt or innocence.

The issues surrounding each of these areas of law can get very complicated. These cases are rarely cut and dry. For this reason alone, the assistance of a knowledgeable attorney or law firm is imperative.

Legal situations can be (and usually are) VERY stressful. Retaining the right legal counsel can go a long way in relieving this apprehension.

It is important to remember that an attorney or law firm has the best interest of the client at heart and will do everything in their power to rectify a bad situation.

The Law of Attraction-4 Steps

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March 15, 2019

1:33 am

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Now, onto the Power of the Law of Attraction-

What it is not-magic, fake, or a cure-all. What it is-the basis of how subjective reality works, the art of manipulating energy, a principle. Everything is energy. At our most molecular level, we are zooming particles of energy.

The law of attraction states that whatever you think about, you bring about. You can’t control anybody else’s attractions because only YOU exist in the subjective reality model. By focusing on yourself, you can see the change you want. This gives Mahatma Gandhi’s quote “Be the change you want to see in the world” a whole new twist.

What are the Steps?

1) Become what you desire. Desire, but not attachment, is the starting point for everything. Our choices shape who we become. What do you desire? Don’t think about it, don’t talk about it-BECOME it. One very common theme that comes up with clients is one of MONEY. They say they would like to be more abundant, and I tell them then BE it. What makes you feel more abundant? Do it. The old adage goes-“Dress for success” but the truth is that you must transform into what you wish to be. We have a very linear concept of time, when in reality all that exists is the NOW. If you think about your past, it becomes your now. If you think about the future, it becomes your now. Our minds really don’t have a concept of time. Whatever we think about, becomes our now. So if you can bring the ‘future’ into the now by becoming what you desire, you are aligning your energy to attract what you want. LIKE ATTRACTS LIKE. Yes, opposite poles attract, BUT like vibrations attract like results. Like particles flow in the same direction.

2) Let your thoughts flow only where you will dare to go. Our thoughts are powerful, so focus them only on the things you want. If you wouldn’t want what you are thinking about to manifest, then its best to think about something else.

3) Feel GOOD! This is the most underrated yet the most important step. When we are feeling good, we attract good things. Feeling good involves removing energy drains and introducing things that make us feel better! When we feel good, our energy is vibrating with the things we love, and hence attracting even more of those things!

4) Take inspired action. There has also been a lot of speculation here. To take action or not to take action? Personally, this was the step I had to really “unlearn.” We are all great at taking action, it is our thoughts that need help. Action is what we do best. We are a culture of go-getters. Inspired action is about becoming a magnet instead of pulling things to you. It is about learning to draw experiences and events that you want, rather than chasing after them. BECOME what you want, and the details will be attracted into your life. BECOME wealthy, and money will be attracted to you. Take action that feels good. If it feels like you are struggling-then that is probably not the way to go. Action is great. Enjoy the process of getting there, because there really is no “over there.” The fun is in the journey! The old “no pain, no gain” is definitely not what we are aiming for here. Release struggle and embrace action that feels good. = )

Murphys Law – An Inevitable Circumstance

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March 13, 2019

12:07 pm

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Anything that can go wrong will go wrong.” This is the simple yet powerful adage which is Murphys Law. But a lot of people dont know that this infamous law, although have existed for centuries prior, was only named in the year 1949. It was named after Capt. Edward A. Murphy, an engineer at Edwards Air Force Base working on a project called Air Force MX981.

One day, Capt. Murphy got mad at one of his men when he found out something wrong with a transducer. He was heard exclaiming, “If there is any way to do it wrong, hell find it.” A project manager whose job was to list down the laws of the project listed these words down and named it Murphys Law.

From then on, even reputed engineers and scientists of the base would consider this law whenever they attempt to create a project or test some of their creations. Additionally, safety measures were prioritized and were fervently designed to perfection in the hopes of circumventing the threats of Murphys Law.

This law indeed exists as evidenced by a lot of people around the world who experience mishaps even in their most planned-out tasks. At events, no matter how hard performers practiced and got ready, slip outs and glitches still happen. The most experienced of people still go wrong at their repetitive tasks.

Businessmen may have studied every possible angle of risks but during operations something unexpected would still come up. For average Joes who carefully plan out their payday advances, would still miss out on a payment despite the accuracy of a payday loan calculator.

No one can really point out the real cause of this law. All they know is that eventually, somewhere along the readiness and familiarity, something wrong will happen. However, this doesnt mean that it would completely hurt people. Slow down their routines and change their plans, yes, but never to disrupt them of their causes and passions.

If something goes wrong, people can still stand up again and move on. Plans can still be worked out or changed. Routines can be renewed and processes can be improved. No matter what misfortune Murphys Law may bring, the strength of spirit and intense faith of people will always prevail.

So if mistakes are bound to happen, it is something people have learned to deal with and circumvent centuries before.

Law Of Attraction – Allow And Receive Your Desires

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March 12, 2019

9:31 pm

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Our thoughts create feelings, which in turn create vibrations that are either positive or negative. The Law of Attraction states that “like attracts like” and that what you focus your attention on will expand.

The first step to using the Law of Attraction is to get clear on what it is you do want. A powerful gift of divorce is it can give you a clear picture of what you DON’T want, which you can easily use to get clear on what you DO want. I am currently a single gal and it took me only about five minutes to create a list of over 60 qualities I don’t want in a future partner. I went over my list asking myself the question, “What do I want?” instead. The answers to that question allowed me to generate a list of qualities I would like in a partner. It was empowering and a lot of fun to get clarity!

The second step is to give your desire attention. Your job in the second step is simply to maintain a positive focus on your desire, knowing that as you do so the universe is aligning people and circumstances to match that vibration. You don’t have to know “how” exactly all of this will transpire for you. Let the universe do its job!

The all-important third Step is: Allow

You won’t reap the benefits of the first two steps unless you get the third step right, which is to allow or receive your desires. Esther and Jerry Hicks explain that there is an unending stream of abundance available to us. Our ability to accept the abundance that is always offered is where our challenges lie.

Imagine a river flowing downstream. When you are open to receiving your desires, you’re in your boat headed merrily downstream. (If you recall the lyrics of “Row, Row, Row Your Boat” now, it’s actually a pretty deep philosophical song!) In fact, you could even choose to drop the oars and go with the flow. Step three has you going with the flow and enjoying the scenery along the way (even if the view was somewhat different than you thought it would be).

Tools to Reduce Doubt

Many people aren’t comfortable dropping the oars in their boat and going with the flow. What do your doubts sound like? Perhaps your inner critic tells you “I don’t deserve this,” “I’m going to be alone forever” or “I’m not good enough.” Doubt impedes your ability to receive because it sends out a negative vibration. You start to put your attention on what’s wrong and the Law of Attraction kicks in to give you more of what you’re putting your time and energy on. Not only are you gripping the oars, but you’re starting to head your boat upstream against the current.

The more you can reduce your doubt, the more powerfully and quickly you’ll be able to manifest your desires. People often get impatient with the gap between where they are now and where they want to go. They give up right before they cross the finish line. One way to handle your doubts is to become aware of your doubts or limiting beliefs. Treat the words “because” and “but” as big red flags. Anything you say or think after using those words is likely a version of your limited beliefs about yourself.

Reducing your doubt, even slightly, will make it easier for you to attract what you want. Esther Hicks advises you to “soften and reach for thoughts that bring you relief” as a way to gently turn your boat from “upstream” thoughts back into the downstream current. If you feel controlled by your limiting beliefs, hire a coach to do some internal emotional housecleaning with you. (If you’d like to learn more about the kind of coaching I offer, please visit my coaching website.)

You can clear yourself of doubt by consciously collecting evidence that you are on the right track. Celebrate a stranger holding the door open for you or the unexpected check in the mail. There will be a lag time between articulating what you want and manifesting it in your reality but there will be signs along the way that you’re on track that can keep you fuelled and in a positive state of attention.

The third way to help you receive is gratitude. Take the time to feel deep appreciation and gratitude for your life as it is right now. Look at the people in your life, even the ones you don’t particularly like, and be grateful for the lessons you’ve learned and the relationships you’ve created.

Take Action!

1. What’s up, Doc? Over the next 7 days, keep a list of your doubts and limiting beliefs. Notice what thoughts come after you use the words because” or “but.”

2. Soften into Relief. Look at your limiting beliefs and ask yourself what thought could you choose instead of which would offer you relief. Are there any people in the world who have found happiness in life after divorce? Can you see yourself as in the process of being one of them? Write down a gentler thought that starts to turn your boat downstream.

3. Collect your evidence. Keep a list of all the positive people, circumstances and situations you start to encounter and celebrate your role in attracting them to you.

4. Take a Spiritual Vitamin. Give yourself a daily dose of gratitude by writing at least 10 things for which you are grateful.