Case studies

RIGOLI LAWYERS REAL LIFE CLIENT CASE STUDIES

(all names have been changed for privacy reasons)

“ I forgot to do a prenupt before I got married- is it too late?”

Jin and Peter met in Thailand and were recently married in Australia.  Prior to their marriage Peter owned a home, shares, superannuation, a car and substantial cash in the bank.  Jin had nominal assets- clothes and books.  Peter was concerned that he couldn’t do anything legal to protect his assets, however a sec 90C binding financial agreement was prepared by Rigoli to protect Peter’s assets.  This was done only on the basis that Jin was prepared to obtain independent legal advice prior to entering into the agreement and her own solicitor signed a certificate of independent legal advice as is required by the legislation.

“Help- the bank has threatened to evict us!”

Fred and Martha came to see Rigoli Lawyers after receiving foreclosure notices from the bank.  After Fred lost his job he tried to reason with the bank but they did not provide any extension to pay the arrears and were taking steps to foreclosure which were going to result in eviction.  Rigoli Lawyers managed to negotiate extensions with the bank with a time frame for a new temporary repayment schedule. Then an application to redeem part of Fred’s superannuation entitlements was made. Eventually all the arrears were paid and Fred and Martha saved their home, even though it took nearly a year before Fred commenced working full time again.

“My stepfather left me out of his will and gave everything to my half brothers”

Petra’s biological father and mother are no longer alive.  Her wealthy stepfather who had raised her since age 5 recently died.  She was shocked to find out that he left her nothing in the will but everything to her half brothers.  Her half brothers had paid off homes and good jobs.  Petra was an unemployed single mother renting. After preparing legal proceedings for Petra, her half brothers eventually agreed to split the inheritance equally between the three of them.  Petra did not have to provide us with a deposit for legal fees until she got her settlement.

“My ex wife wants the house won’t let me see our daughter”

Stephen’s main concern when coming in to see Rigoli Lawyers was being able to see his daughter Sophie on a regular basis, given the lengthy hours at work that he keeps.  In negotiations via solicitors, Kathy requested half the house, spousal maintenance from Stephen of $450 per week plus child support.  She also wanted Stephen to see Sophie only when she agreed to it.  She attempted justified her position by saying that she needed to purchase a property for Sophie and her to live in.  She also claimed that Stephen could not spend time with Sophie because of his work commitments.. Kathy also maintained that it was her right to remain a stay at home mum even though she could easily find work. Rigoli Lawyers secured orders for Stephen so he was able spend regular overnight time with Sophie each week plus special occasions.  Stephen was also able to keep the matrimonial home by paying out the correct entitlement to Kathy, from funds secured from the bank after a refinance.

“My ex stopped paying child support and quit his job”

Lisa stopped receiving child support payments from the father of her 3 year old son after he claimed he was not working.  The father has always been in well paid employment as a bricklayer and there is always demand for his labour.  However he quit his job and moved in his mother claiming that he did not have to pay any child support if he didn’t have a job.   Rigoli Lawyers assisted Lisa with her application to the Child Support Agency to vary the assessment which was originally based the father not having any income. In the end the father was assessed as having a capacity to work and pay and had to pay the same weekly child support that he was paying before he quit his job.