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Getting Married Overseas

Are you getting married overseas? If you are, you will require a number of documents to be notarised to enable you to marry overseas.

If you are getting married in Greece in a civil wedding you will require the following documents notarised and translated into Greek:

  1. The birth certificate of each party;
  2. Certificate of no impediment to marry for each party;
  3. A copy of the photo page section of your passports.
  4. A Decree Nisi of Dissolution of Marriage if you have been married before.

All documents in English need to be translated by a NAATI registered translator.

Church Marriage: 

If you are getting married in a church in Greece, you will also need the Baptism Certificate evidencing that you were baptised in a Christian Church.

Eugenia Mitrakas was born in Greece and is an expert on the requirements of having a Greek wedding.  She can also advise you first hand as she was married to an Australian in a civil wedding on Santorini.

Eugenia has organised about 20 large international conferences of doctors and lawyers in Greece and is familiar with most large and small de lux venues throughout Greece and can advise you on both your selection of the venue and how to negotiate with the local authorities in selecting your venue and other service providers.

Santorini Weddings: A Little bit of Paradise:

This is the venue of my wedding on Santorini at The Tsitouras Collection. The ceremony was held next on the Maria Callas Roof Terrace next to Maria’s bronze portrait pointing to the sea.

Why You Should Seek Legal Advice from A Solicitor Specialising In Family Law, If You Are Separating from Your Partner

If you are separating from your partner, finding a good solicitor who specializes in family law and property law is essential. At the time of separation, emotions are running high. It can be tempting to put off seeking legal advice. However, obtaining advice from family lawyers in Melbourne early in the separation process gives you more time to organize the things that are important to you – your children, your home and your assets.

A family law specialist deals predominantly in family law issues and is up to date on the current changes in legislation and procedures. They will also have many contacts due to their expertise in the field. Contacts of property lawyers in Melbourne and throughout Australia can include realtors, counselors, accountants, and financiers.

When choosing property lawyers in Melbourne always seek recommendations. Ask family and friends if they know of a good family lawyer. Do some research on your lawyer. A great family lawyer:

  • Specialises in family law.
  • Is both logical and empathetic. Family lawyers deal with both financial assets and custody issues, as well as clients who are suffering emotionally while going through divorce proceedings. They need to be empathetic to your needs while remaining focused on your case.
  • Is someone that you relate well to.
  • Is experienced in family law and property cases.
  • Will appear in Court for you if necessary.
  • Communicates well and ensure that you understand what they are telling you. They should also listen actively.

Although a spouse cannot file for divorce until 12 months after separation you should seek legal advice early in the separation process, to enable your case to be processed thoroughly and quickly.

Take some time when choosing family lawyers in Melbourne, as well as in other areas of Australia. Always remember that if you are not happy with your property lawyer you can transfer your case to a different lawyer, or to another firm altogether. For more information on family law and separation contact us.

 

What You Need to Know About Your Family Law Property Settlement

When a marriage or a de-facto partnership breaks down, the finances of the couple need to be finalized and distributed. This can include transferring ownership of property, shares, cash, superannuation and other assets. It is important to get the advice of family or property lawyers in Melbourne and other areas to establish and finalize your entitlements.

Here are some things you need to know about property settlement:

A Property Settlement Should be Formalised

A formalized property settlement is legally binding. If the other party breaks the settlement agreement, you have signed documents in place with which the Courts can enforce compliance. With legal documentation in place, your financial relationship with your former partner is legally finalized. Your partner cannot make any further financial claims against you.

Have Your Family Lawyers in Melbourne Organise Your Property Settlement Soon After Separation

Until your property settlement is done, a claim can be made against you in the future by your former partner, subject to applicable time limitations.

When you do a property settlement, the property is taken into account as it stands at the date of the settlement. Assets that you may accumulate after this date are not taken into account. Although many people believe that assets are divided by the Courts as at the date of separation this is not the case.

If you do not organize your property settlement with your Property Lawyers in Melbourne quickly, assets that you accrue can continue to be subject to the property settlement. If your partner also sells or spends joint assets this can affect your entitlements.

Having a property settlement done quickly protects your assets.

How is a Property Settlement Formalised?

A property settlement is formalized with either:

  • A Consent Order

Both parties must agree to a consent order. The order is analyzed by a Court Registrar before it is created to ensure that it is fair and reasonable.

  • A Binding Financial Agreement

A binding financial agreement is signed by both parties but is not examined by a Court.

It is important to have your family lawyers in Melbourne regions or in other areas of Australia, draw up these documents soon after separation.

For more information on the property, settlement contact our Property Lawyers in Melbourne today.

What is Probate and What are the Main Duties of Probate Lawyers?

Probate is the legal process which determines the recipients of a deceased estate, as well as what bills are to be paid from the estate. During probate, the Court appoints a personal representative who is given legal authority to administer the estate. Probate lawyers in Melbourne file a probate petition to appoint someone as personal representatives.

Personal Representatives

A personal representative is in effect a trustee to the beneficiaries and heirs of an estate. They have a duty of care to the beneficiaries and heirs and must look after the interests of those involved. These interests cannot conflict with their own personal interests.

A probate lawyer will also handle all of your other Court proceedings.

The probate lawyers request a Court order authorizing and directing the personal representative to distribute property according to the will, or for the estate if there is no will.

Other Associated Duties

Other duties that probate lawyers in Melbourne may perform include handling a secondary probate if any property is owned in other states. Legal issues can also arise which your probate lawyer can handle for you. These include payment of annuities or receiving payment for life insurance claims.

Court Appearances by Probate Lawyers in Melbourne

Although a paralegal can help with probate matters, they must be a licensed lawyer or solicitor to appear in Court on your behalf. Probate lawyers in Melbourne and other areas of Australia are constantly updated with legislation changes regarding probate and so are fully equipped to deal with such matters.

A probate lawyer needs to provide a full account of what the executor has done during their term as a personal representative. The accounting side of probate can be quite complex. Probate lawyers outline the accounting breakdown. In more complex cases a specialized accounting firm is hired to deal with the accounting aspect of the probate.

For more information on probates and probate law, contact us at Eugenia Mitrakas& Co, Lawyers and Notary Melbourne.

What is a Public Notary and How Do They Differ from a Justice of the Peace?

A public notary can also be known as a notary or notary public in Melbourne and throughout Australia. A public notary is a public officer who practices as a lawyer. The officer is given authorization by the State or Supreme Courts to administer oaths, witness documents and perform a range of administrative procedures relating to Australian and international documents and matters.

A Justice of the Peace (or JP) provides similar service to a public notary in Melbourne and in other areas of Australia. They are, however, not authorized to witness documents that are to be used overseas.

Justice of the Peace

The primary role of a JP is to:

  • Certify an individual’s identity;
  • Witness affidavit and statutory declarations;
  • Certify copies of original documentation such as driver’s licenses and birth certificates.

Public Notary

A public notary in Melbourne and throughout Australia can carry out the same activities as a Justice of the Peace,and also assist with overseas documentation including:

  • Official documents for personal use including academic transcripts and passports;
  • Overseas real estate transactions;
  • Overseas sales contracts;
  • Foreign trade documentation;
  • Foreign police checks;
  • Will and probate documentation which involves overseas estates and beneficiaries;
  • Company constitutions and associated documents;
  • Transfer of land titles and associated documentation.

The official seal and signatures of all public notaries are recorded with the Department of Foreign Affairs and Trade (DFAT).

Essentially if your document needs to be witnessed or authorised for use outside of Australia you will generally need to organise an appointment with a Notary Public in Melbourne or your state of residence, rather than with a Justice of the Peace.

Bring adequate original identification with you to your appointment. Documentation such as passports and drivers licences should be valid and up to date, and contain your current address.

Always check with the overseas organization who will be receiving your documentation before having the document witnessed. For an appointment with a Public Notary in Melbourne, contact us today at Eugenia Mitrakas& Co Lawyers and Notary.

How to Ensure Your Visit to a Public Notary Runs Smoothly

When you need to visit a Public Notary in Melbourne, a little preparation will ensure that your visit runs smoothly!We suggest the following:

  • Organise an Appointment

It is not likely that you will be able to see a Notary Public in Melbourne or in other areas of Australia without first scheduling some time with them.

  • Bring Adequate Identification

Bring as many forms of identification as possible to your appointment with your Public Notary in Melbourne, and be sure that the details on your identification are current. Your address needs to be up to date on your ID, and any other identification needs to be current. An expired license or passport is not a valid form of identification.

  • Bring All Forms and Associated Paperwork

Show the Notary any instructions that you have received from Australia or overseas so that they can be certain of whether they can meet your requirements in just one visit. If there is an email trail, send a copy to your Notary public via email.

  • Notary Public Charge a Fee

A Public Notary in Melbourne will charge a fee for their service. They may be able to give you a guideline of the fee range during a phone conversation, however, they will not be able to give you an exact fee until they have seen all of your documentation. Be prepared to pay on the day.

  • Save Time Where Possible

If multiple documents are required, it can be a good idea to print out copies for your Notary in Melbourne.

Emailing your Notary all of the information about your documentation before your appointment will give them an opportunity to go through the paperwork and ascertain everything that they need from you at the appointment. You may have to request additional documentation, or a translator, in order to have your documents certified.

Having your NotaryPublic ascertain exactly what is needed before your appointment will save time and you will, therefore, save on fees.

Attending your Public Notary appointment well prepared will see that your documents can be promptly attended to and will minimise the need for you to return to the Public Notary, or get them to copy documents and paperwork for you. This will save you time and money. Your documents will also be able to be lodged much faster! Contact us for an appointment with a NotaryPublic in Melbourne today.