How long after a divorce can you claim assets?
There is a time limit set by the Family Law Act 1975 in relation to parties bringing claims for a division of property following the end of a relationship. In the case of a marriage each party has 12 months from the date of a divorce to file a claim with the court.
Can a settlement agreement be rescinded?
A settlement is a contract between the parties to a lawsuit that ends the case without a trial. Once the parties reach a settlement agreement, it becomes a binding contract, which can only be rescinded for limited reasons, such as fraud by one of the parties.
Can my attorney settle my case without my consent?
One question that some people ask me just when they're hiring me is, “Can you settle my case without my consent?” The answer to this question is simply no, an attorney cannot settle your case without your consent. A lawyer is not allowed to settle your case without your consent as it would be an ethical violation.
What can I do if my attorney is not doing his job?
The Lawyer Is Dishonest or Totally IncompetentFile a complaint with your state's lawyer discipline agency. Every state has an agency responsible for licensing and disciplining lawyers. Getting compensated. Communicate. Get your file. Research. Get a second opinion. Fire your lawyer. Sue for malpractice.
How do I convince my lawyer to take my case?
Be Specific and Come Prepared Vague claims about how you were injured or wronged are not very convincing and don't give a prospective attorney much to work with. To prevail in a lawsuit, you have to show actual damages, so be specific and come prepared with the details of the harm done.
How do you know if a lawyer will take your case?
If two or more attorneys tell you the same thing, however, especially about the legal merits of your case, then you should probably believe them....In general, there are three major criteria attorneys use to decide whether to take a case to litigation:the client;the merits of the claims; and.damages.
Do lawyers gather evidence?
In fact, almost everything a lawyer requests, asks about, or collects, is to evaluate it as evidence. We are going to discuss a few different types of evidence attorneys collect, why they collect it, and how they use it.