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If you are
unable to resolve the problems through
personal communication and counselling,
you should contact Berwicklegal for an
initial consultation. When you come to
us for the first time, be prepared to
provide basic information. It is helpful
to gather copies of financial documents.
For instance, the deed to your home,
deed to other real property, copies of
tax returns and financial statements
etc. We will be open with you about
your rights, and anything you discuss
with us as your family law lawyer is
covered under the attorney-client
privilege. This means that anything you
tell us is confidential and protected
from disclosure later, even if you
choose not to retain Berwick Legal as
your family law lawyers.
After the initial consultation we
will present you with initial advice to
enable you to make an informed decision
whether to pursue the matter further.
What are Pre-Action Procedures?
It is necessary that both parties
attempt to reach an agreement outside of
court, before filing an application for
property orders. When applications for
property orders are filed with either
the Family Court or the Federal
Magistrates Court, both parties are
ordered to undergo "pre-action
procedures" including participation in a
dispute resolution.
In rare cases, such as situations
involving urgency, family violence,
refusal to negotiate or fraud, the Court
may accept that it is not possible or
appropriate for the pre-action
procedures to be carried out.
If no agreement can be reached then
an application for property orders must
be put into either the Family Court of
the Federal Magistrates Court. An
application must usually be made within
12 months of your divorce becoming
final. Alternatively you can apply for
property orders before you divorce,
which is very common to do in the
interim period between the separation
and the divorce. berwicklegal do not
only represent you in Court. We are
committed to assisting you in the
process of dispute resolution outside of
court as well as the formalisation of
agreements. How do you formalise a
property settlement out of court?
Reaching a settlement out of court
saves you and your family considerable
time, stress and money.
There are two ways that your
agreement can be formalised: Binding
Financial Agreements or Consent Orders.
What is a Binding Financial Agreement?
A Binding Financial Agreement is an
agreement made in accordance with Part
VIIIA or Part VIIIAB of the Family Law
Act 1975 (Cth) (the "Act"). Recent
amendments to the Act made on 1 March
2009 now allow for all couples (whether
they are married, de facto or same sex
couples) to make a Binding Financial
Agreement, sometimes referred to as a “BFA”.
Whilst Berwick Legal can assist you in
all your family law our speciality or
preferred option is to have parties act
in good faith and come to an amicable
arrangement as to finances and enter
into a Binding Financial Agreement (BFA)
as an alternative to litigation and/or
consent orders. Binding Financial
Agreements are quick efficient and
effective method of completing financial
matters between the parties and can
often be completed via email with only
one visit to our office to sign the
completed Agreement.
Who can make a Binding Financial
Agreement?
A Financial Agreement can be made
either a married or defacto couple or by
a couple intending to be married or
entering into a defacto relationship:
De facto couples
- Before entering into a de facto
relationship (s90UB);
- During a de facto relationship
(s90UC); and
- After the breakdown of a de
facto relationship (s90UD).
Married couples
- Before entering into a
marriage (s90B);
- During a marriage (s90C);
- After a divorce order has
been made in relation to a
marriage (s90D).
What is the effect of a
Binding Financial Agreement?
A Binding Financial Agreement
will prevent either party to the
relationship from making an
Application to the Family Court
for the division of property. It
also allows the parties of the
relationship to determine how to
divide their property and
financial resources in the event
of separation. What are the
benefits of making a Binding
Financial Agreement?
Binding Financial Agreements
allow the parties to determine
how the property and financial
resources of either or both
parties will be dealt with in
the event of separation and can
also set out maintenance rights
of either party in the event of
separation. Financial Agreements
are useful in protecting assets
(estate planning) especially if
either or both parties have
children from a previous
relationship and they want to
protect their assets for their
children in the event of
incapacity or death.
- By entering a Binding
Financial Agreement, each
party to the relationship
can decide who will receive
their assets in the event of
incapacity or death and
pursuant to section 90H and
90UK of the Act, a Financial
Agreement or Part VIIIAB
Financial Agreement will
continue to operate in the
event of incapacity or death
of a party to the agreement
and will be binding on the
legal personal
representatives of that
party's estate (executors,
administrators and
attorneys).
Some of the benefits of
making a Financial Agreement
are as follows:
- Fast and effective
as Binding Financial
Agreements can be
completed within seven
(7) days;
- Instructions can be
taken via email and only
one (1) attendance at
our office is required;
- A Financial
Agreement can avoid
conflict and costly
litigation in the event
of separation;
- Your wishes will be
carried out in the event
of incapacity or death;
- No requirement to
attend Court when making
a Financial Agreement;
- A Binding Financial
Agreement does not need
to be lodged with the
Court for approval; and
- Your wishes will be
carried out in the event
of incapacity or death.
When or how does a
Binding Financial
Agreement become
binding?
A Financial Agreement
will be binding upon the
parties if it complies
with certain
requirements as set out
in sections 90G and 90UJ
of the Act. These
requirements include:
- The agreement
must be signed by
all the parties;
- The agreement
must contain a
statement of each
party that he or she
has been provided
independent legal
advice from a legal
practitioner, before
the agreement was
signed by him or
her, as to the
nature and effect of
the agreement and
the advantages and
disadvantages (at
the time the advice
was provided) to the
parties making the
agreement;
- An Independent
Certificate of Legal
Advice must be
annexed to the
agreement stating
that independent
legal advice has
been provided in
accordance with the
Act;
- The agreement
must not have been
terminated and have
been set aside by
the Court; and
- Pursuant to
section 90DA and
90UF of the Act, a
separation
declaration is also
required for certain
provisions of the
Agreement to take
effect. Unless the
separation
declaration is
completed, the
Agreement will be of
no force or effect
and therefore
invalid.
Can a Financial
Agreement be set
aside by the Court?
A Financial
Agreement may be set
aside by the Court
if the Court is
satisfied that:
- The
agreement was
obtained by
fraud (includes
non-disclosure
of financial or
other
resources);
- If a party
to the agreement
entered into the
agreement for
the purpose of
defrauding or
defeating a
creditor or
creditors or
with reckless
disregard of the
interests of a
creditor or
creditors of the
party;
- If a party
to the Agreement
entered the
agreement for
the purpose of
defrauding
another person
who is a party
to a de facto
relationship
with the other
party to the
agreement; or
for the purpose
of defeating the
interests of
that other
person in
relation to any
possible or
pending
application
under s90SM or
declaration
under s90SL in
relation to the
other de facto
relationship; or
with reckless
disregard of
those interests
of that other
person.
The agreement
is void,
voidable or
unenforceable;
- If a
party to the
agreement
has acted
unconscionable
at the time
of making
the
agreement.
- Its
circumstances
have changed
and it is
impracticable
for the
agreement or
part of the
agreement to
be carried
out in light
of the
changed
circumstances
that have
arisen since
the
agreement
was made;
- There
has been a
material
change in
circumstances
and a party
to the
agreement
will suffer
hardship if
the Court
does not set
aside the
agreement.
Accordingly
Binding
Financial
Agreements
have their
limitations
however as a
general rule
if each
party acts
in good
faith and
discloses
all assets
and the
agreement is
drafted
correctly
then they
are a fast
effective
and
non-litigious
alternative
to a costly
and long
drawn out
legal battle
that only
serves to
dissipate
limited
financial
resources of
both
parties.
What are
Consent
Orders ?
Consent
orders are a
written
agreement
that are
formalised
and approved
by the Court
and thus are
legally
binding.
There is
generally no
need to
attend Court
when you
file orders
by consent
or consent
orders.
Consent
orders can
deal with
the
following:
- The
transfer
or sale
of
property
- The
splitting
of
superannuation
-
Spousal
maintenance.
Please
note:
consent
orders
cannot
be made
about
property
matters
for de
facto
couples
or for
child
support
departure
applications.
Consent
orders
are
filed
with the
nearest
Family
Law
Registry,
and
there is
no
filing
fee
involved.
Importantly
the
court
must be
satisfied
that the
orders
are
properly
drafted
and that
the
terms of
the
agreement
are
"just
and
equitable",
before
it will
approve
them.
What is
a
Property
Settlement
in
court?
If no
agreement
can be
reached
then an
application
for
property
orders
must be
submitted
to
either
the
Family
Court (FCA)
or the
Federal
Magistrates
Court
(FMC).
An
application
must
usually
be made
within
12
months
of your
divorce
becoming
final.
The
decision
is then
made
through
a court
hearing.
Both
parties
are
expected
to fully
disclose
their
respective
financial
circumstances.
A
failure
to make
proper
disclosure
of a
relevant
matter
is taken
very
seriously
and can
lead to
severe
penalties.
How do
you
split
your
Superannuation?
As
set out
in part
VIIIB
of the
Family
Law Act,
superannuation
is dealt
with
separately
to
property
orders.
There
are two
elements
to
splitting
superannuation:
These
are:
-
How
to
value
superannuation
interests
(accumulated
and
potential).
-
How
to
split
payments.
Even
though
superannuation
comes
under
a
separate
part
of
the
Family
Law
Act,
it
is
still
taken
into
account
in
the
overall
property
settlement,
and
is
subject
to
the
same
principles,
such
that:
- All superannuation is taken into account, regardless of when it was acquired (before or during marriage / after separation)
- It is not automatically subject to a 50/50 split. The Court will decide based on what is "just and equitable",
- It is important to note that splitting superannuation does not enable you to access it any earlier. It is still subject to superannuation laws (accessible after retirement age).
What are the Options for splitting superannuation?
- Financial Agreement
- Consent Orders
- Court Orders (in Court).
How do you determine the value of your superannuation?
Before you enter an agreement, file for consent orders or apply for a court hearing, you will need to obtain the valuation information for your superannuation. This information can be obtained through communication with your superannuation fund trustee. To do this, you will need to provide the trustee with the following forms:
- Form 6 Declaration (to show you are entitled to this information for this purpose)
- Superannuation Information Request Form
- Superannuation Information Form.
These forms are available in a Superannuation Information Kit at your nearest family law registry, or from the publications section of the Family Law Courts website.
The valuation of superannuation is highly complex, and depends on many factors, including the type of fund. Some funds are still waiting approval from the Attorney-General's Department regarding the methods and factors used for valuing superannuation. This may affect the proceedings of your case. How and why do I need a Valuation?
Where you are able to agree as to the value of any assets and liabilities, you should do so, even if this means exchanging market appraisals or using online valuation services to assist you in doing so.
If you are unable to reach an agreement as to the value of any asset or assets, the Court may appoint a valuer to do so and you may be required to share the costs of obtaining that valuation report. Often such valuation reports fall outside of the range that is considered to be reasonable by the parties. This is particularly the case with household furniture which is valued at its second-hand value, such as that may be obtained in a garage sale or on eBay. All assets are valued at their second-hand value obtainable in the market, not their current replacement costs. Divorce and the breakdown of relationships
In Australia, a divorce may be obtained in either the Family Court of Australia or the Federal Magistrates Court. Further Australian divorce advice is also available online from the Family Court website. The court must be satisfied that the relationship has broken down irretrievably. A period of separation of 12 months immediately before filing the application satisfies the court of this fact. A couple may be separated and still live together provided they satisfy the court that they are not living as husband and wife. That is to say, their relationship has reduced to sharing accommodation. If a couple reconcile during the period of separation, the separation does not have to recommence provided any reconciliation or reconciliations do not total more than a total of three months and those three months do not count as part of the period of 12 months of separation. The Court is normally satisfied that separation has taken place by the applicant swearing as to the separation on the application for divorce. Divorce
The requirements for obtaining a divorce in Australia are as follows: Marriage - You must first satisfy the court that you have a valid marriage. A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, our divorce lawyers can usually arrange that for you. If no marriage certificate is available, the court may require you to give some alternate evidence of the marriage prior to granting divorce. Jurisdiction - The court only has power to grant a divorce if either party has one of the following attributes:
- Regards Australia as home;
- Intends to live in Australia indefinitely;
- Has lived his or her whole life in Australia;
- Is an Australian citizen; or
- Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.
Satisfactory arrangements for the children in divorce law
The court will not grant a divorce in Australia unless it is satisfied that appropriate arrangements for any children are in place. That does not mean those arrangements are formal, nor does it mean that there is no dispute, but rather that at the time of the divorce hearing, the children are being appropriately cared and provided for. We have provided further information and advice on Australian child custody and divorce information here. Divorce: Can I do it myself?
Divorce is a relatively simple legal process, provided that all the statutory requirements can be met. The Federal Magistrates Court is the appropriate Court in which to bring an application for divorce and on divorce list days the Court usually grants approximately ten divorces per hour. You can glean from this that the Court spends approximately five to six minutes in hearing each uncontested divorce application. In order to qualify for a divorce, the Court must be satisfied as to the following matters:
- That you have been validly married – This is usually done by providing the Court with an original or a certified copy of your marriage certificate. Where the certificate is in another language, a certified translation of that document can be used;
- That it has jurisdiction to grant the application – jurisdiction is usually established by citizenship or what the Court refers to as “domicile”. That means in cases where the applicant or the other party is not an Australian citizen, they are either a resident of Australia, have lived in Australia for at least 12 months or consider Australia to be their home. This is usually established by the information sworn on the application for divorce, however, occasionally supporting documents such as a copy of your passport may be required;
- That the marriage has irretrievably broken down – This is shown by a period of 12 months of separation. Where you and your spouse tried to reconcile for three months or less and then separate again finally, you must extend that period from the initial date of separation by the amount of time which you were reconciled. If your reconciliation lasted for more than three months, you must start the 12 month period of separation all over again when you finally separate. If you were separated under the one roof, an affidavit from you and/or someone else verifying that you are separated, while still living together, may be required;
- Service of Documents– The Court must be satisfied that the other party to the divorce has been served with a copy of the application at least 28 days prior to the divorce hearing or, if they live oversea,s 42 days prior to the date of the divorce hearing; and
- That appropriate arrangements have been made for any children of the relationship – This is usually established on the information contained in the sworn application for divorce.
You are not required to attend Court in cases where there have been no children of the relationship or if it is a joint application; however, you are of course welcome to attend if you would like to do so. Given that the divorce process is quite straight-forward you can do it yourself if you like using the divorce kit, unless you would prefer us to do it on your behalf ( “Do It Yourself Divorce Kit” is available from the Federal Magistrates Court website www.fmc.gov.au or www.divorce.og.au). We point this out, not because we would not like to assist you with your Divorce, but because we feel it is only ethical to make you aware of the opportunity to save money.
Service and notice of Divorce
Upon filing the application form, in triplicate, a hearing date will usually be allocated approximately eight weeks from filing. On filing of the divorce application, a sealed copy is returned by the court. That copy must be personally given to the respondent, by someone who is over the ager of 16 years other than the applicant, at least 28 days before the divorce hearing. That person must then swear an affidavit to the effect that the application was given to the defendant, when and what was said. The reason for this is so that the court can be satisfied that the respondent is aware of the application and the hearing date. After being satisfied of the above matters, the court will generally grant a decree nisi which is stage 1 of a divorce. Stage 2 is the decree becoming absolute. A decree will generally become absolute 1 month and 1 day after the decree nisi was granted. Service can be affected by other methods, however, personal service as described above, is the most common. At Berwicklegall we can assist you through the difficulties associated with the breakdown of relationships and issues in relation to marriage breakdown and divorce. What are the time frames for a Divorce?
The timeframe for the granting of a divorce is usually approximately 12-13 weeks from the date of filing the application. Upon filing the application for divorce, the court will provide a hearing date approximately eight to nine weeks after the date of filing. This is to ensure that you have adequate time to serve the application and still give the other party the required 28 or 42 days notice of the hearing date. From the date of granting of the divorce, a further 1 month and 1 day must elapse before the divorce becomes final. After the divorce becomes final, the court will issue by post a sealed certificate of divorce. It is a good idea to wait until after you receive the divorce application before planning to re-marry (if applicable). What if you are unable to locate your spouse?
Every effort should be made to locate your spouse to serve the application for divorce. If the application cannot be served, an application to dispense with service or an application for substituted service can be made. The court will then order that either your spouse is aware of the divorce hearing by virtue of your efforts to serve the application or that your spouse will be deemed to be aware of the application if you have carried out certain steps to serve it. The requirements may change from case to case and we can advise further, if required. What is the legal definition of a “de facto” relationship?
According to the Family Law Act you are in a de facto relationship with another person if you are not legally married to each other, you are not related by family and you have a relationship as a couple living together on a genuine domestic basis to that end the Court may look at:
- the duration of the relationship;
- the nature and extent of common residence;
- whether a sexual relationship exists;
- the decree of financial dependence or interdependence and arrangements for financial support;
- the ownership, use and acquisition of their property;
- the decree of mutual commitment to a shared life;
- whether the relationship is or was registered under a prescribed law of a State/Territory;
- the care and support of children; and
- the reputation and public aspects of the relationship.
The Family Law Act recognises that a party could be in multiple de facto relationships, or that a person who is married could be a party to de facto property proceedings (refer to s4AA(5)(b)).
Usually, you will need to demonstrate that you have lived together for at least six months or two years depending of what legislation applies to your circumstances or location. This is overlooked if there is a child of the relationship, or in other exceptional circumstances.
De facto status is not achieved through any formal ceremony, but automatically applies when two people meet the criteria. Unlike marriage, de facto status is not entirely portable. Whilst it is recognised in most states of Australia (except South Australia), Canada and New Zealand, it is not recognised the USA and many other countries. What are the jurisdictional requirements for de factos?
In addition to meeting the definition of a de facto relationship, a party who makes an application to the Court must also satisfy one of the jurisdictional requirements specified at Section 90SB of the Family Law Act:
- that the period, or the total of the periods, of the de facto relationship is at least 2 years; or
- that there is a child of the de facto relationship; or that:
(i) the party to the de facto relationship who applies for the order or declaration made substantial contributions of a kind mentioned in paragraph 90SM(4)(a), (b) or (c); and
(ii) failure to make the order or declaration would result in serious injustice to the applicant; or
- that the relationship is or was registered under a prescribed law of a State or Territory.
What are the rights and responsibilities of de facto partners?
If you are in a de facto relationship, your legal rights and responsibilities are similar to those of married couples. For example, if your partner died, you may be entitled to the following (if applicable):
What are the Property settlement Options?
There are a number of property settlement options for de facto couples. Filing for property orders with the courts can be expensive, time consuming and stressful. For this reason it is preferable to try to reach an agreement outside of court. 1. Financial Agreements Some de facto couples choose to draw up domestic relationship agreements before or during their relationship, which are similar to the well-known “pre nuptial” agreement. In a similar way, separation agreements can be drawn up in anticipation of, or immediately following a relationship breakdown. For these agreements to be legally binding, both parties must have signed the agreement and have received independent legal and financial advice before signing (refer to Binding Financial Agreements paragraph) 2. Consent Orders In the case that there is a dispute, it is always advisable to enter into mediation. If an agreement can be made, it is then possible to apply for Consent Orders through the Court, which formalises the agreement. This is dependent on whether the court is satisfied that the agreement is “just and equitable” to both parties, and that both parties have sought independent legal advice. If an agreement cannot be reached, you can apply for property orders. 3. Property Orders For situations where there has been no prior financial agreement, parties of a de facto relationship or a close domestic relationship can apply for property orders. The decision is then made through a court hearing. Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously. The Court considers four key factors in assessing property settlements.
- The Court will ascertain the net asset pool of both parties.
The net asset pool is the total value of all the assets owned by either or both parties. The net asset pool includes anything acquired before or during the relationship, as well as after separation.
In ascertaining the net asset pool, the Court will also consider other financial resources over which a party has influence, control or prospective entitlements.
Ascertaining the net asset pool can be highly complicated. Accurate valuation of assets requires that many factors are taken into consideration, such as issues regarding taxation, stamp duties, and the appreciation or depreciation of asset values.
- The Court will assess the contributions from both parties (both financial and non-financial).
There are many types of contributions that may have been made by either spouse. The Court considers all of the following:
a. financial contributions
b. non-financial contributions (as a homemaker or primary carer of children)
c. gifts, bonuses and inheritance
d. initial contributions (assets attained before marriage).
- The Court will assess the future needs of both parties:
The Court takes into account many factors when deciding on the future needs of both parties. These include:
a. Age and health
b. Capacity to earn money
c. The property and assets of each party
d. New relationships (and new financial circumstances)
e. Future parenting responsibilities (care and support).
- The Court will consider the practical effect of the proposed property settlement, and whether it is “just and equitable” to both parties. The decision is made taking into account all of these factors.
Generally, superannuation is not included in a property settlement between de facto couples. However, a Court is likely to take it into account when assessing the financial resources of each party.
Property Settlements and Family Violence
Several studies suggest that domestic violence in Australia is more wide-spread than is commonly perceived. Historically, statistics on domestic violence in Australia were calculated based on report of the incidents. It is now thought that only a small proportion of Domestic Violence in Australia is actually reported.
It is a further misconception that there is little the Court or the Law can do to protect victims of Domestic Violence. Certainly, here in Victoria, that is simply not the case with the Crimes Family Violence Act designed to protect people who fear domestic violence and abuse. These people do not have to have been victims of actual violence, only victims of acts causing them to fear for their personal safety. The Act provides that protection by providing powers to the Courts, enabling them to make Intervention Orders (sometimes incorrectly referred to as Apprehended Violence Orders, or AVOs as they are commonly known), to protect people in need.
Property settlements are determined by the Court by considering the contributions and needs of each of the parties to the relationship (for a full explanation of the process please refer above “the four steps process”). In cases involving domestic violence there is authority for the Court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous circumstances in which they were made. Accordingly, additional weight given to those contributions if a factor taken into account by the Court in the overall property settlement (refer of Kennon v Kennon (1997) 22 FamLR1). The requirements to mediate in a Family Law dispute where there is violence
There is a requirement on parties to a family law dispute to engage in what is described as pre-action procedures in an attempt to limit the issues in dispute. In parenting cases this extends to a requirement to attempt to mediate the dispute using the services of a qualified family dispute resolution practitioner. In circumstances where there has been family violence the requirement to obtain a certificate from a family dispute resolution practitioner before going to Court is waived. In other words there is no requirement to mediate where you are able to satisfy the Court that has been family violence. The effects of domestic violence on the presumption of shared parental responsibility
Under the Family Law Act 1975 there is a presumption that both parents will be involved in making decisions about major long-term issues concerning their children. Major long-term issues include things such as health, education and religion. In circumstances where there has been domestic violence, or family violence, as it is often referred to, no such presumption applies. It is far more likely that a parent who is seeking sole decision making power about major long-term issues is more likely to be awarded that power by the Court in circumstances where there has been family violence because the presumption of equal shared parental responsibility no longer applies. Ultimately the Court must take a decision in relation parental responsibility, which it considers to be consistent with the child's best interests. Unintentional consequences of Reporting Domestic Violence
We often see clients who have wanted to report domestic violence "for the record" and who have made a report to the police without being aware of the consequences of making such a report. We are not suggesting that domestic violence should not be reported, but are advising that there are consequences which flow beyond your control once you make “a report just for the record” when you don’t want “anything done”. Once the police receive a report of domestic violence they are obliged, as a matter of law, to take action on behalf of the person making the complaint unless they do not believe the complaint is genuine. The action they are required to take is to file an application with the Magistrates Court for an Intervention Order protecting the person (and/or the children) making the complaint from the alleged offender of the violence. Police usually err on the side of caution in bringing this application. That means the application will usually be made even if police doubt the veracity of the allegation. Police can also bring an assault charge against the alleged offender. The person making the complaint is not the person who decides whether or not an assault charge is to be brought. It is a matter for police to determine whether or not an assault charge is to be brought. It is a matter for police to determine whether or not such a charge should be laid as it their role to prosecute breaches of the law when they come to their attention. Police may ask, as a courtesy, whether or not you would like an assault charge to be brought, however they are not bound by your answer and may proceed with bringing a charge even if you do not want them to do so or refuse to assist after making the complaint. We have seen many relationships breakdown irretrievably and much financial hardship caused by virtue of people reporting domestic violence 'for the record' only to find that it results in court proceedings, a possible criminal record for the offender, possible loss of employment if the perpetrator works in an industry where a criminal conviction prevents them from continuing to work in that industry and significant financial costs in defending any Order or defending any charges which may be laid by police. We repeat, we are not suggesting for one moment that domestic violence should not be reported, however you should be aware of the unintended consequences which may flow from the making of “a report just for the record”. That being said domestic violence and/or abuse is abhorrent to our society and should not tolerated under any circumstances and you should remember that the safety and wellbeing of you and your children should be the primary concern notwithstanding any other consequences. On the other hand if you have been charged and/or are going to be interviewed for a Intervention Order then you are entitled to the presumption of innocence and to a lawyer (refer to our criminal law section). For more
information please
contact us. |
