Questions

We provide general answers to questions posed by visitors to our site but these do not constitute specific advice from an independent legal advisor.

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Previously Asked Questions:

Question:
What are my options?
Answer:
A lawyer worth having will explore all options available to you no matter what the problem. An indicator that you are in good hands is being offered the option to do nothing. Not often chosen but it has to be considered. A theoretical walk down the path of each option needs top be done to anticipate likely outcomes.
Question:
We shook hands on a deal, is that binding?
Answer:
Yes, a verbal contract is still a contract. The difficulty with that is proving the contract and what it includes or excludes. Taking the time to get a written agreement is an investment that few regret as it generally provides certainty and if not it at least gives some framework to what was intended.
Question:
I’m being sued, do I have to use a lawyer for my case?
Answer:
No, technically a lawyer is only a representative of a client. That said law is not simple, it takes years to qualify and get experience for a lawyer to be confident in dealing with the numerous laws that apply to even the simplest things in life. Plus it is hard to be objective when you are personally involved. That objectivity is essential to presenting the best case possible.
Question:
I’m young and healthy, should I have a Will?
Answer:
Everyone, in an ideal world, should have a Will. We are all going to die eventually and it makes things less stressful for those we leave behind if there is a Will in place. Even an old out dated Will is preferable to none at all. For those that are cost conscious then having a Will is the most economic strategy available to deal with what is our ultimate fate.
Question:
Should I get a prenuptial agreement?
Answer:
For the average person getting married for the first time the answer is generally no unless there is a big difference in wealth brought to the marriage. When it’s a second marriage then serious consideration should be given as typically parties to a “second” marriage bring “history” with them in the form of kids and or assets.
Question:
How much will it cost?
Answer:
This is the most common question lawyers get and the hardest to answer. That is because there are so many variables. If it’s a court case there re a lot of variables, your case, your opponents case and the Court. Throw in the complexity of law and it becomes a bit like asking how long is a piece of string. However, competent experienced lawyers will be able to give you an estimate. Those same lawyers will keep you informed as matters progress. One word of caution – be wary of a lawyer that gives a fixed price for a court case, its just not possible. Buying and selling houses is different but even then a prudent competent lawyer will give an estimate as even in these reasonably routine transactions the unknown can and does occur leading to extra cost.
Question:
Hello, I want to emigrate with our kids, my partner doesn’t, what can I do?
Answer:
Hello, Without your partners consent you will need to get approval from the Courts. Without that the other parent might apply to court anyway to stop you taking the kids out of the country or for an order that they be returned. Orders of this kind are enforceable internationally. One thing kids need is certainty and that is more readily secured either with a written agreement or a court order.