Stephanie Hope
Stephanie Hope
Senior Associate
Stephanie comes to Melbourne Family Lawyers with over ten years of experience in family law, including both property and parenting matters. She has a wide breadth of experience, knowledge and success in negotiation, mediation, Family Dispute Resolutions Conference (FDRCs) and litigation (Court proceedings).
Stephanie has been successful in litigated matters but also prides herself in successfully negotiating favorable outcomes for most of her clients; sparing them from the financial and emotional burden of final trials.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- Prenups
- 9 Jul 2023
- Hayder Shkara
Prenup Questions: 10 Essential Questions Couples Should Discuss in a Prenuptial Arrangement
When arranging a prenuptial agreement, it is essential to have open and honest discussions with your partner about various aspects of your financial and legal matters.
While every couple’s situation is unique, here are some common prenup questions you may consider discussing:
1. Financial disclosure: Will you and your partner fully disclose all your assets, debts, income, and financial obligations? How will you ensure transparency in sharing this information?
Full financial disclosure ensures transparency and trust between both partners. It allows each party to make informed decisions based on a comprehensive understanding of the other’s financial situation.
2. Property division: How will you divide property and assets acquired before and during the marriage? Will you agree on an equal split or consider other factors, such as individual contributions?
Discussing how property will be divided helps clarify expectations and avoids potential disputes. It provides a framework for determining how assets accumulated before and during the marriage will be distributed in case of divorce or separation.
3. Debt allocation: This is one of the important prenup questions. How will existing debts be divided in case of divorce or separation? Will you determine responsibility for future debts acquired individually or jointly?
Addressing the allocation of debts is crucial to avoid burdening one party with the other’s financial obligations. It helps establish responsibility and protects individuals from the potential financial strain caused by their partner’s debts.
4. Spousal support/alimony: Will you include provisions for spousal support or maintenance during a divorce? If so, how will the amount and duration be determined?
Including provisions for spousal support or alimony allows for a fair and reasonable resolution in the event of a divorce. It provides financial security for the lower-earning or non-working spouse and helps address potential disparities in income.
5. Inheritance and family assets: How will inheritance, family assets, or gifts be treated? Will they be considered separate property or subject to division?
Discussing the treatment of inheritance and family assets ensures clarity and protects the interests of both partners. It helps define whether such assets will be considered separate property or subject to division in the event of a divorce.
6. Business interests: If either partner owns a business, how will the business be treated in case of divorce? Will you specify ownership, valuation, or involvement in the business?
If one or both partners own a business, addressing its treatment in a prenuptial agreement is essential. It protects the business and its value, establishes ownership rights, and clarifies involvement in the business in case of divorce.
7. Future income and assets: How will future earnings, bonuses, investments, or other income be addressed? Will you agree on a specific formula or percentage to divide these assets?
Determining how future income and assets will be handled allows for fair consideration of the potential growth of each partner’s financial situation. It provides a framework for addressing changes in earnings, investments, or inheritances that may occur during the marriage.
8. Dispute resolution: How will disagreements or disputes regarding the prenuptial agreement be resolved? Will you consider mediation or arbitration as alternatives to litigation?
Including provisions for dispute resolution helps mitigate conflicts and avoid costly litigation. It establishes a process for resolving disagreements regarding interpreting or enforcing the prenuptial agreement.
9. Termination of the agreement: Another integral part of prenup questions is determing under what conditions can the prenuptial agreement be terminated or modified? Will there be periodic reviews to assess its relevance and fairness?
Discussing the conditions for terminating or modifying the prenuptial agreement allows for flexibility and the potential for adjustments as circumstances change over time. It ensures that the agreement remains relevant and fair to both parties.
10. Children: What will happen if we have children, will that change the agreement or should we make a new one?
Having children can have a major impact on a prenup and is something you need to consider when planning for the future. Having a child can be incorporated and considered in the provisions of the agreement.
These prenup questions are essential starting points. But, it is crucial to consult with a family lawyer who can guide you through the process and help create a prenuptial agreement that reflects your specific needs and complies with the laws in your jurisdiction.
We’re Here to Answer Your Prenup Questions
Prenuptial agreements can provide couples in Australia with a practical and legally binding means of safeguarding their financial interests in the event of a separation or divorce.
While prenups cannot address matters related to children, they can offer peace of mind by establishing precise financial arrangements.
If you are considering a prenuptial agreement and you have prenup questions, it is crucial to consult with a family lawyer to ensure compliance with Australian laws and to create an agreement that suits your specific needs.
- Children
- 5 Feb 2024
- and Hayder Shkara
What Is Emancipation from Parents?
Emancipation from parents is a legal process that allows minors to gain independence from their guardians before reaching the age of majority.
This process in Australia is not as commonly pursued or straightforward as in some other countries. Still, it remains an essential legal avenue for minors seeking autonomy due to various circumstances.
This article delves into the intricacies of emancipation, outlining the legal framework, requirements, and implications for young individuals looking to navigate this path.
🔑 Key Takeaway: Emancipation provides legal independence to minors from their parents or guardians, though it’s a complex process requiring thorough understanding and justification.
Understanding Emancipation in Australia
In the Australian legal context, emancipation from parents is not explicitly defined through a single legislative act but is navigated through various laws and court decisions.
The process typically involves a minor proving they can independently manage their personal and financial affairs, often necessitating a court’s approval.
🔑 Key Takeaway: The path to emancipation in Australia is navigated through laws and court decisions, focusing on the minor’s self-sufficiency.
The Legal Requirements for Emancipation
Achieving emancipation in Australia demands that minors meet specific legal criteria, ensuring they are prepared for the responsibilities of independence. Here’s a concise overview:
- Financial Independence: Minors must prove they can financially support themselves through stable income sources, demonstrating the ability to manage living expenses independently.
- Responsible Decision-Making: The ability to make mature decisions across various life aspects, including financial management, education, and health, is crucial, reflecting the minor’s readiness for independence.
- Evidence of Best Interest: The court may require proof that emancipation serves the minor’s best interests, especially in challenging family situations, ensuring that the step towards independence is justified and beneficial.
These criteria ensure that emancipation is granted to minors who can thrive independently, balancing their newfound freedom with the responsibilities it entails.
🔑 Key Takeaway: Emancipation requires proving financial independence, decision-making capability, and that emancipation is in the minor’s best interest.
The Process of Seeking Emancipation
The process of seeking emancipation from parents is a structured legal journey requiring a minor to present their case before a court formally.
This process often requires the guidance and expertise of a lawyer who specialises in family law, ensuring that the minor’s application is robust, well-prepared, and effectively communicated.
The court’s role is to meticulously review the application, considering the evidence of financial and personal independence, the minor’s unique circumstances, and any potential objections raised by the parents or guardians.
Additionally, the court evaluates the minor’s overall readiness to handle the responsibilities of being emancipated, ensuring that the decision to grant emancipation aligns with the minor’s best interests and welfare.
This comprehensive review process is designed to protect the minor, ensuring that emancipation is a beneficial step forward rather than a premature leap into adulthood without adequate support or preparation.
🔑 Key Takeaway: Seeking emancipation involves legal proceedings and the assistance of a specialised lawyer to navigate the complex process.
Implications of Emancipation
Emancipation grants minors legal independence, which can include the ability to enter into contracts, make medical decisions, and be responsible for their financial affairs.
However, it also means the minor will no longer be entitled to parental support, both financially and legally, which underscores the importance of thorough preparation and consideration before pursuing this route.
🔑 Key Takeaway: Emancipation leads to legal independence and removes the right to parental support, requiring careful consideration.
Consult With a Family Law Specialist
Emancipation from parents is a significant legal step for minors seeking independence in Australia. While the process can provide freedom and autonomy, it has substantial responsibilities and challenges.
Understanding the legal landscape, meeting the stringent requirements, and navigating the procedural aspects are crucial steps toward achieving emancipation.
Consulting with a family law specialist is essential for those considering this path to ensure the decision aligns with their best interests and long-term well-being.
- Uncategorized
- 19 Jun 2022
- Hayder Shkara
Australian players seeking the most profitable gaming experience should turn their attention to the overview of the best payout online casinos available in the country. These select platforms stand out with their high payout percentages, ensuring that players get the most return for their wagers. In this comprehensive article, we explore the factors that make these casinos the top choice for Aussies looking to win big, including their payout rates, game selection, customer service, and overall reliability.
Understanding Payout Percentages
Payout percentages, often referred to as Return to Player (RTP) rates, are a critical factor in determining the generosity of an online casino. The RTP signifies the theoretical amount of money players can expect to win back from their total wagers over time. For example, an online slot with a 95% RTP will theoretically return $95 for every $100 wagered. Australian players should seek out casinos with high average payout percentages across all games to maximize their chances of winning.
Top-Rated Australian Online Casinos with High Payouts
The best payout online casinos in Australia are known for their exceptional RTP rates. These establishments frequently have slots and table games with the highest RTPs in the industry, regularly audited by independent organizations for fairness and transparency. The top-rated casinos not only provide excellent payout rates but also a secure and enjoyable gaming atmosphere.
Game Selection and Software Providers
The quality of games and the software providers powering these platforms are crucial in delivering high payouts. Leading casinos partner with top-tier providers known for their high-paying games. These include NetEnt, Microgaming, Playtech, and more, which consistently deliver engaging games with competitive RTP rates. Moreover, a rich selection of games ensures that all players have access to their preferred gaming options, be it progressive jackpot slots, classic table games, or live dealer experiences.
Fast and Secure Withdrawals
A key component of the best payout online casinos is the efficiency and security of their withdrawal process. Players should have access to a variety of withdrawal methods that enable them to receive their winnings quickly and without unnecessary hassle. Methods such as e-wallets, bank transfers, and cryptocurrencies are commonly offered by top casinos to cater to different user preferences.
Customer Service and Reliability
Reliable customer service further distinguishes the best payout online casinos. Players need assurance that they can access assistance whenever needed, whether it’s for questions about payout rates or to resolve any issues with withdrawals. Casinos that offer 24/7 customer support via live chat, email, and telephone are typically those that prioritize player satisfaction and trust.
Choosing the Right Casino
With numerous options available, selecting the best payout online casino in Australia comes down to a mix of payout rates, game variety, software quality, withdrawal speed, and customer support. Players should conduct thorough research, read reviews, and verify the casino’s licensing to ensure they are choosing a safe and reputable platform.
Conclusion
In summary, the most lucrative and enjoyable online gaming experience in Australia is found at casinos that offer the best payouts. Players who make informed decisions by considering the mentioned factors can enjoy high-quality, fair gameplay with the potential for substantial returns. By seeking out casinos with high payout percentages, robust game selections, secure withdrawal methods, and reliable customer support, Australian gamblers are poised to make the most of their online betting ventures.
- PropertyDivorce
- 18 Apr 2024
- and Hayder Shkara
What is Financial Infidelity?
Financial infidelity occurs when partners in a committed relationship conceal or lie about their financial activities to each other.
This can range from hiding small purchases to accumulating significant debts without the other partner’s knowledge.
This deceit can lead to severe issues in a relationship, including a breakdown of trust and long-term financial consequences.
Financial infidelity involves engaging in any financial activity expected to be disclosed in a relationship but is instead hidden from one’s partner.
This might include secret bank accounts, undisclosed debt, or significant purchases kept hidden from the other person.
The concept stems from the expectation of transparency that underpins healthy relationships, where financial honesty is crucial.
Key takeaway 🔑: Financial infidelity disrupts the foundational trust and transparency expected in relationships, posing serious risks to both emotional and financial stability.
Common Forms and Examples
This dishonesty can manifest in various ways. Common examples include:
- Secret Credit Cards: Acquiring and using credit cards without the knowledge of one’s partner.
- Hidden Purchases: Make significant purchases or transactions and do not disclose them.
- Gambling: Using shared funds for gambling without prior agreement or disclosure.
- Investments: Making significant investments or financial decisions independently.
Each form of financial infidelity carries its own implications, often leading to emotional distress and financial disorder within relationships.
Key takeaway 🔑: Recognising the different forms of financial infidelity can aid individuals in identifying early signs of financial dishonesty within their relationships.
Signs of Financial Infidelity
Detecting financial infidelity involves noticing changes in financial behaviour or transparency. Signs to watch for include:
- Sudden reluctance to discuss finances.
- Receipts for unexplained purchases.
- Increased mail concerning credit or loans.
- Unfamiliar withdrawals or transactions appear in bank statements.
Being vigilant for these signs can help catch financial infidelity early, potentially mitigating its more damaging effects.
Key takeaway 🔑: Awareness of the signs of financial infidelity can help individuals maintain financial honesty and trust in their relationships.
Impact on Relationships
The consequences of financial infidelity can be devastating. It not only leads to financial strain but can also cause severe emotional and psychological distress.
Trust, once broken, is difficult to rebuild, and relationships may suffer long-term damage.
Hidden financial activities can also lead to legal complications, especially in jurisdictions with combined financial responsibilities in relationships.
Key takeaway 🔑: The impact of financial infidelity extends beyond finances, potentially leading to deep emotional scars and trust issues in relationships.
Managing and Recovering from Financial Infidelity
Recovery from financial infidelity involves open communication and setting clear financial boundaries and goals.
Couples may seek the help of financial advisors or therapists to mediate discussions and develop a transparent and accountable financial plan.
Forgiveness plays a critical role in this recovery process, coupled with a structured plan for financial management.
Understanding and addressing financial infidelity is crucial for maintaining the health and trustworthiness of any long-term relationship.
Recognising the signs and impacts can empower individuals to take proactive steps toward prevention and recovery.
Seeking Legal Advice Is Essential
While the emotional and psychological aspects of financial infidelity are critical, it’s equally important to consider the legal ramifications.
Seeking legal advice is essential, particularly in navigating the complexities of shared financial responsibilities and assets in a relationship.
Legal professionals can provide guidance on protection and recovery, ensuring that both partners’ rights are upheld. For anyone facing or suspecting financial infidelity, the first step towards resolution should involve transparent communication with their partner and consultation with legal experts to safeguard their financial future.
Overall key takeaway 🔑: Seeking legal advice is crucial in managing the consequences of financial infidelity, ensuring that the legal and financial rights of all parties are protected and upheld, thereby contributing to a more comprehensive recovery strategy.
- Property
- 23 Aug 2023
- Hayder Shkara
Who Gets to Stay in the House During Separation Australia: 6 Essential Factors to Consider
Separation is often a challenging and emotional process, especially when it comes to determining living arrangements during this period.
The question of who gets to stay in the house during separation Australia can be complex, as it involves legal considerations that vary from one case to another.
In this article, our property settlement lawyers will explore the relevant laws and factors that determine who gets to stay in the house during separation Australia.
1. Understanding the Legal Concept of Separation
In Australia, separation is recognised when a couple decides to end their de facto relationship or marriage.
To be considered legally separated, the couple must live separately and apart, with no likelihood of reconciliation. This separation period often sets the stage for important decisions related to property division, including the family home.
2. Ownership of the Property
The first crucial factor in determining who gets to stay in the house during separation is the ownership of the property. Generally, there are two common scenarios:
a. Sole Ownership: If one partner solely owns the house, it does not necessarily mean that they have full entitlement to the property. Who can stay in the property after separation is assessed on a case by case situation and is often decided based on the needs of each party.
b. Joint Ownership: If both partners are joint owners of the house, the situation becomes more complicated. In such cases, the decision on who gets to stay may depend on various factors, including financial contributions, non-financial contributions (e.g., homemaking or childcare), and the needs of any dependent children.
3. Financial and Non-Financial Contributions
Australian family law also considers financial and non-financial contributions towards the property when considering who gets to stay in the home during separation. Financial contributions include income, savings, and direct payments toward mortgage repayments. Non-financial contributions, such as caring for children or performing household duties, are also recognised and considered.
5. The Need for Temporary Orders
Sometimes, separation can be contentious and may require interim arrangements until a final decision is made. Parties may seek temporary orders from the Family Court to decide who gets to stay in the house during the separation period. This is called a sole occupation order.
6. Mediation and Dispute Resolution
Before seeking court intervention, it is often advisable for separating couples to attempt mediation and dispute resolution. These alternative methods can help the parties reach an amicable agreement on living arrangements, avoiding costly and emotionally draining court proceedings.
Example of Case – Deciding Who Gets to Stay in the House During Separation
Let’s go through an example case to see how things will play out. We were approached by Joanna who had recently filed for divorce against her husband. She was deeply concerned about who gets to stay in the house during the separation in Australia.
Firstly, we scheduled a face-to-face consultation to thoroughly understand Joanna’s situation and gather all relevant details. This allowed us to assess the specific legal aspects of her case.
Next, we guided Joanna through the process of compiling evidence to support her claim to stay in the house.
We emphasised the importance of documenting her financial and non-financial contributions to the property during the marriage, especially in terms of childcare and homemaking.
We then explored mediation and dispute-resolution options to help Joanna and her husband reach a mutually acceptable arrangement.
Our goal was to secure the best outcome for her while maintaining a respectful approach during the legal proceedings.
In the end, Joanna’s case was resolved through mediation, and she was able to continue living in the family home, granting her some much-needed stability during this challenging phase of her life.
Who Gets To Stay in the House During Separation Australia
Who gets to stay in the house during separation Australia? In conclusion, determining who gets to stay in the house during separation in Australia involves careful consideration of various legal factors.
Ownership of the property, financial and non-financial contributions, the best interests of any children, and the potential for mediation are all significant aspects to be taken into account.
If you find yourself facing separation, seeking professional legal advice is essential to protect your rights.
Remember, every case is unique, and a qualified family lawyer can provide personalised guidance to achieve the best outcome for all parties involved.
- IVO
- 26 Oct 2023
- and Hayder Shkara
Protect Against False IVO Claims Victoria
Being slapped with a false Intervention Order (IVO) claim can be a harrowing experience.
Your reputation, personal life, and even your freedom could be at stake. So, how do you protect yourself?
Here’s a step-by-step guide to help you navigate this tricky terrain.
Step 1: Seek Legal Advice
The first thing you should do is consult an experienced lawyer who specializes in IVOs.
They can help you understand the law’s nuances, rights, and obligations.
A legal expert can also guide you through the process, from the initial hearing to potential appeals.
🔑 Key Takeaway: A specialized lawyer is your best ally in fighting a false IVO claim.
Step 2: Gather evidence 📁
Start collecting all the evidence that can support your case. This could include:
- Witness statements: Anyone who can vouch for your character or provide an alibi.
- Photographs: Any visual evidence that can prove your innocence.
- Text messages, emails, or other correspondence: These can show the nature of your relationship with the claimant.
- Financial records: Sometimes these claims can be financially motivated; showing a lack of motive can be helpful.
🔑 Key Takeaway: The more evidence you have, the stronger your case will be.
Also read: 2 Types of Intervention Orders and Their Differences
Step 3: Attend the Hearing ⚖️
Attending the IVO hearing is crucial, even if you have legal representation.
Your presence shows the court that you’re taking the matter seriously and allows you to present your case.
🔑 Key Takeaway: Your presence at the hearing is not just obligatory; it’s an opportunity to fight for your rights.
Step 4: Appeal the Decision
If the court grants the IVO, all is not lost. You have the right to appeal the decision.
However, this is a complicated and potentially lengthy process that should only be undertaken with the guidance of a legal professional.
🔑 Key Takeaway: An appeal is your last resort, but it’s a complex process that requires expert legal advice.
What Constitutes a False IVO Claim?
A false IVO claim is an application for an Intervention Order based on inaccurate or deceptive information.
These claims can be made either to the police or privately and have severe consequences for both parties involved.
🔑 Key Takeaway: Understanding what constitutes a false IVO claim is the first step in defending yourself.
Legal Consequences of False Claims
While making a false IVO claim is not technically a criminal offense, it can lead to criminal charges for providing incorrect information to the police or a court.
🔑 Key Takeaway: False claims can backfire, leading to legal repercussions for the claimant.
Common Reasons for False Claims
False IVO claims can be made for various reasons, such as emotional distress, personal gain, or to gain an advantage in a legal dispute.
🔑 Key Takeaway: Understanding the motivations behind false claims can help you better prepare your defense.
Consult With An Experienced Lawyer
Defending against false IVO claims in Court Services Victoria is a complex process that requires a solid understanding of the law and your rights.
Consultation with an experienced lawyer is crucial for constructing a robust defense.
Remember, IVOs are significant legal matters that should not be taken lightly.
🔑 Key Takeaway: Knowledge is power. Equip yourself with the right information and legal advice to successfully defend against false IVO claims.
