Mallik Rees lawyers

Mallik Rees have been looking after families since 1919. Family law requires sensitivity and care to ensure that all legal formalities are satisfied without causing unnecessary disruption to the lives of those who matter most.

In recent years, couples have increasingly looked to enter into an informal agreement prior to their marriage, with the aim of preserving premarital assets in the event of marriage breakdown. We are well equipped to advise clients on the pitfalls of such informal agreements and to draft formal Pre-Nuptial Agreements. These Agreements can be drafted to suit almost any type of situation.

If a marriage breaks down, a range of issues must be dealt with. Where children are involved in a separation, the most important consideration is their welfare. Questions of contact and access can sometimes require careful consideration and negotiation. We understand the dynamics involved in these difficult times and our experienced staff can lead you to effective solutions. This arises from our ability to handle all types of divorces including applications under the one roof and applications for shortening the period for the decree to become absolute. In addition to personal matters, we can steer you through the legal maze of property disputes and add invaluable support during disputes involving child and spousal maintenance. We can also assist in variation of maintenance orders and variation of child support assessments.

If you have an emergency and require assistance to prevent dissipation of assets, abduction, or violence, our experienced staff can expertly and rapidly prepare all necessary material to apply to the Court for injunctive relief or other suitable remedies.

Mallik Rees offers the full range of Family Law services. Our staff have the necessary experience to deal with any trauma or problems that may arise along the way to ensure that you can move on with life with as little disruption and disorder as possible.

In the same manner as couples looking towards marriage, there has been a trend among couples considering a de facto relationship to enter pre-cohabitation agreements. The intention is to preserve their pre-cohabitation assets should the relationship break down. If you are considering this option, we have the experience required to advise you of all your options and draft any necessary documentation.

The law relating to de facto relationships is similar to that applying to marriages. But it is NOT identical and there are important differences, differences that can have substantial bearing on your particular circumstances. Mallik Rees will advise you on the specific circumstances of your relationship and assist by ensuring that all legal rules are followed to ensure the best possible outcome.

If your de facto relationship breaks down, our experienced staff will assist with sensitivity and professionalism. Matters such as custody and access, property disputes, maintenance and the options for injunctive relief are all handled similarly to those that may arise in the breakdown of marriage, with obvious adherence to any differences in the law.

Furthermore, Mallik Rees can assist with any paternity disputes including, should the need arise, arranging access to expert evidence on DNA testing. We also have substantial experience in drafting valid post-cohabitation agreements relating to property and other financial matters without the need for litigation.

You can protect your family's security by thinking today about what needs to happen tomorrow. Our services in Wills, Probate and Powers of Attorney can set you on the right course for peace of mind.

A Power of Attorney is the means by which your personal and business affairs can be managed during your life in the event of either physical or mental incapacity or absence from the jurisdiction. A Power of Attorney can be revoked by simply notifying (in writing) the person to whom it was granted. For more, see POWER OF ATTORNEY.

If you are concerned about your assets and providing for your family after your death, it is essential that you make a Will. Making a Will is the only way to ensure that your assets are distributed according to your wishes after your death. We can assist by ensuring that your Will is valid and that your wishes are clearly expressed. We will advise you regarding what the law considers to be adequate provisions for your spouse, children and other family members as well as any possible liability for capital gains tax or possible taxation benefits. In terms of administration, you should carefully consider your choice of executor and we will assist by advising you on the best way of arranging your affairs.

Once a Will is written and formally complete, when the time comes, it is important that its contents be faithfully and expediently carried out. Our experience with Probate and estate administration means that we understand the grief and trauma of this time and will sympathetically and professionally deal with the administration of your estate. We will act to obtain the grant of Probate from the Court as quickly as possible, help draw up the report and statements on the assets for the beneficiaries and assist the executors identify and collect the deceased assets. Once these steps are complete we can advise the executors as to the legal order in which any debts must be paid and the remaining assets distributed, as well as deal with the possibility of any tax liability. In this difficult time Mallik Rees will assist in every possible way to ensure that the legalities do not get in the way of your family’s more important considerations.

In line with the Mallik Rees policy of continually monitoring the law and updating its advice to its clients, we strongly recommend to all our clients that they seriously consider granting a Power of Attorney to their spouse, or some other person they trust. Most people make Wills to cater for the situation after their death. A Power of Attorney enables a person to cater for the situation where a mentally disability (or physical absence) requires the conduct of their affairs by another person. The Power of Attorney need not be registered, as registration is only required to deal with property, however, we suggest that the Power of Attorney be left with us for safe keeping in our Strong Room, to be used by your Attorney if the need arises.

A Power of Attorney is the means by which your personal and business affairs can be managed during your life in the event of physical or mental incapacity or absence from the jurisdiction. You can revoke a Power of Attorney simply by notifying (in writing) the person to whom it was granted. Death revokes your Power of Attorney, but from the date of your death your Will comes into effect, see FAMILY SECURITY.

Some obvious situations come to mind where in the absence of a Power of Attorney great difficulty can be incurred for a family. It is possible to grant a Power of Attorney which operates even though you may be mentally incapacitated. The advantage of this is, of course, that if you grant a Power of Attorney to your spouse and you become mentally disabled then your spouse can still operate and make decisions in your name and deal with the property.

Consider the following possibilities that can be facilitated through Powers of Attorney:

A person is mentally disabled and must be hospitalised in Sydney for a period of time. Their spouse decides that it would be better to move to Sydney to be close to that person and to rent their house.

A person is rendered mentally disabled and without his/her income his/her spouse can no longer manage to pay the family debts. By selling some of the family assets and purchasing a more modest home or car the spouse can continue to survive until such time as that person is better. With a Power of Attorney the spouse can do this, but without one the spouse could find the debts unmanageable, with the end result that all the assets for which the person has worked are sold by his/her Creditors.

A person who owns or runs a business is rendered mentally disabled: in the absence of a Power of Attorney the spouse cannot legally deal with the business. It may be necessary for the business to be wound up, but wound up in an orderly manner to enable the best possible price to be obtained on the market. With a Power of Attorney the spouse can continue to operate the business on a person's behalf until the business is wound up or disposed of in an orderly manner.

A person who normally lives alone is mentally disabled and must be hospitalised for an extended period of time: Normal insurance policies make most types of insurance void if the house is vacated for in excess of two (2) months. The house is only in his/her name and there is no other person living with the person. The person is taken to hospital and has a lengthy stay in hospital. None of the relatives can legally occupy the house, nor can they rent it out. With a Power of Attorney the relatives can rent out the house and use the money to make the person's stay in hospital more comfortable.

There are numerous examples of where a Power of Attorney can help and accordingly we suggest that you discuss all of your options with us to ensure you are fully able to deal with any problems that arise. As your Attorney can act on your behalf and dispose of your property, this should only be granted to a person whom you trust completely.

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