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Civil Law

Residency From Work Visa – The Gateway to New Zealand

Migrated individuals in New Zealand need not suffer sleepless nights about whether they would be allowed to remain there as they can apply for the New Zealand Residency from Work Visa which allows them to become residents there. The Visa is beneficial for those who are already there on a work permit and now would like permanent residency.

The whole idea behind the issuance of Residency from Work Visa is to make the stay there on a permanent basis. Several migrants fly to New Zealand and since they are living there on a work permit they would like to make their stay permanent.

Those who have been working in New Zealand for 2 years on a work permit can apply for Residency under the Residency from Work Visa. No doubt, there are certain requirements if one wants to migrate to New Zealand via this visa such as:

Health requirement- A medical as well as chest X-ray must be completed both that of the partner as well as that of the applicant. Pregnant women and children who are below 11 years need not provide the chest x-ray certificate report unless a special report is asked for.

English language requirements: There are minimum language requirements to be met.

Character requirements- A police certificate is required for those who are 17 years and above. Other certificates required are the country of origin (unless one is able to prove that one never lived there.) Also any country you have been in for 12 month or perhaps more so in the last 10 years. In case, one is already in New Zealand via work visa then it is essential for one to get police certificate from the New Zealand police.

In case, one is planning to include a partner, then one has to also meet the requirements for recognizing the partnership. It is essential to submit a document that provides evidence of partnership.

What is the purpose of New Zealand Residency from Work Visa?

Immigration to New Zealand via the Residency from Work Visa is aimed at attracting talented migrants from other countries who can contribute exceptionally in the field of arts, sports as well as culture in case there is much shortage of such talent among the New Zealanders.

Thinking of New Zealand migration, then it would be better to get full details about the New Zealand Residency from Work visa to settle down there comfortably on a permanent basis and have higher standard of living.…

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Common Law

A Divorce Lawyer Offers Advice on Prenuptial Agreements

With statistics showing that one in three marriages now end in divorce, the sad facts are that however true love may seem, it may not always last. While some may consider such a process unromantic, a pre-nuptial agreement can help assuage any concerns about potential ‘gold-diggers’ and help keep things less messy, should a marriage end in divorce. A Manchester divorce lawyer can help you draft a prenuptial agreement or offer expert legal advice on what to do with it, should you and your partner be considering divorce.
Woolley and co. Solicitors offer this definition of what a prenuptial agreement actually is, “A prenuptial agreement provides clarity for couples in respect of their finances and children in their relationship. The Courts are not obliged under UK law to keep to the agreement but unless there have been significant changes they are likely to regard the agreement as very persuasive.” It basically covers each partner for their assets, should the relationship end in divorce; a popular ‘prenup’ is that each partner takes away exactly what they brought to the marriage, which often protects the wealthier of the spouses.
The fact that UK Courts are not technically obliged to keep to the agreement shows that prenuptial agreements are not particularly popular in England, with America being a nation more known for its ‘prenups’. The Hollywood film ‘Intolerable Cruelty’ showed George Clooney and Catherine Zeta Jones battling over their various assets in glossy Technicolor; while this film obviously glamourised the process of prenuptial agreements, celebrities can often have fairly ridiculous clauses written into their prenups, including the number of times that the couple must have sex per week and a 100,000 dollar fine if the wife’s weight climbs above 120 pounds! (The guilty parties shall remain nameless…)
In our more normal, less crazy world, prenuptial agreements can still be taken out as an effective ‘damage control’ device, should the relationship sour. As the ‘Prenuptial Agreements’ website states, “The range of what can be in a prenuptial agreement is flexible and can accommodate most of the individual wants and desires that a marrying couple may have. On the other hand, there are some strict rules about what cannot be in a prenuptial agreement.” Such rules include clauses about the custody of children and infidelity, yet can also cover more subtle nuances about marital problems; it is well worth getting a divorce lawyer to go over the rules with you and discuss the best course of action for you to take.
A prenuptial agreement does not necessarily mean that you do not take your relationship as seriously as others, it may just be a sign that you are not naive about the truths and facts about marriages; it may just be worth researching, should you want a safety net below your marriage.…

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Barrister

A Bankruptcy Lawyer Can Help Ease the Financial Burden

Bankruptcy is an extreme financial situation and many people across the world have faced this situation at some point in their lives. Individuals who are overburdened with debt can be under tremendous stress and this can also impact their overall health. Creditors will try hard to recover the maximum amount of money owed to them and the debtor will be in a difficult situation. Under these circumstances, hiring the services of a bankruptcy lawyer can be the best way out of the troubled times. The lawyer provides all the help and support required to guide their clients through the entire process.
When an individual files for bankruptcy, the creditors and collection agencies are required to halt their procedures of recovery. The debtor is required to appear in court and provide the evidence of the inability to repay debts. A bankruptcy lawyer guides the individual through various chapters involved in the process. In order to have the bankruptcy case approved by the court, it is essential to prove the financial hardship of their client. The student loans and child care payments are excluded in this process. A bankruptcy attorney makes sure that their client’s case is approved and the assets are protected.
It is necessary to consider various options before going ahead and filing a bankruptcy. A bankruptcy lawyer can be able to explain these options in an effective manner. The debts may not be so worse that a bankruptcy case seems as the only possible solution. The debts can be consolidated with the help of a loan or the assistance of close friends or family members can be sought to pay off the dues. A bankruptcy attorney analyzes the financial situation of the client and provides the most appropriate solution. They help their clients decide whether the option of filing for bankruptcy is the best for them.
The clients have many questions in their minds before they consult the lawyers. Generally they are concerned about losing their homes and cars or the way their credit will get affected due to this event. Some are worried about not getting any loan in the future. While the answers to these questions may depend entirely on the financial situation of the clients, a bankruptcy attorney can be in a better position to guide these individuals. After a brief consultation with the attorney, their clients can get a better view about the implications that the filing of bankruptcy can have on them.
Generally, a bankruptcy lawyer is well-qualified and have years of experience in dealing with such type of cases. These lawyers can handle the bankruptcy cases of individuals and business organizations. They services that they provide are always in the best interests of their clients. The situation of bankruptcy may require these lawyers to come up with more creative solutions to deal with the problem. They approach each case with high amount of diligence and professionalism to make sure that their client gets the desired benefit. This enhances their reputation and ensures that the clients are satisfied with their service.…

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Civil Law

What Can an Inheritance Tax Solicitor Do For You?

If you’re considering preparing for the future, or are facing up to bad news, then an inheritance tax solicitor can help you with your questions so that you don’t have to worry about whether your loved ones will have to pay tax in the even to f your death.
Here’s how an inheritance tax solicitor can help.
1. By helping you with your will, a solicitor will ensure that your requirements will be carried out in the event of your death.
2. Naming heirs in your will, can help to make sure that there’s no discrepancy after your death. The last thing you want is for your loved ones to fall out over who gets what when you’ve died. Your solicitor will be able to give you the advice you need.
3. You’ll get the most up to date and accurate information about paying less inheritance tax, from your solicitor. Perhaps you’ll be advised to put your money into trust funds, or take out additional life insurance policies.
4. Your inheritance tax solicitor might suggest that invest your estate into stocks and shares, and hope that they will cover the amount of inheritance tax payable when you’ve died.
5. Depending on your circumstances, and wishes, you might want to make sure that people benefit from your money now, whilst you’re alive. Perhaps you’ll buy gifts or practical items for those who would have benefited from your will, or even for yourself. Your wills and probate solicitor will be able to make sure that all of your questions are answered.
6. Maybe you’ll want to put your money into a trust fund so that you can take care of your children or grand children. You might want them to have enough money for when they go to university, or for buying their first car or house.
7. You might be encouraged to move to a smaller your home and buy a cheaper car, so that the value of your estate is worth less. As your estate won’t be worth as much, there’ll be less inheritance tax to pay.
8. If you’re not married or in a civil partnership you might want to be, as inheritance tax isn’t paid by spouses. So if you know that you’re in s a stable relationship, you might want to make it official if there’s a risk that there’ll be a lot of tax paid at the time of your death. Why not find out if this is right for you by speaking to a legal professional?
9. If you’re living with someone, then why not become tenants in common? This means that you each own half of the home. As the value of the home is halved, there is much less inheritance tax to pay. If you’re not sure of the full implications, then you’ll want the legal advice of an experienced inheritance tax solicitor.
10. Perhaps your legal advice will be to mortgage your home, so that the property isn’t worth as much, which means less tax will be payable when you’ve died.
Now you know more about what an inheritance tax solicitor can do for you, perhaps now is the right time for you to make a will, and make sure that your loved ones are taken care of.…

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Attorney

What Are the Duties and Rights of an Agent in Law?

The agency relationship between an agent in the principle is based on a contract between them and it is a fiduciary relationship. The duties of an agent to principle are to follow the principles instructions, to use reasonable diligence care and skill, to act in person, to act in the principles interests and not to disclose confidential information. The final element of the duty is to keep the principles money separate, to keep accounts and be ready to account for those monies were required. If an agent agrees to make a contract principle and is not make the contract they agreed, there is a breach of the contract between the principle and the agent and the agent may be liable in damages to principle.
Perhaps the most important and controversial area in relations to the agents duties is their duty to use due care, skill and diligence. An agent is under a duty to carry out its agency with these characteristics which arises from an implied term of the principle and agent contract. Also, the ever evolving law of negligence has a bearing on the situation and the warranties of due care and skill and fitness for purpose in relation to the supply of services implied by the trade practices legislation in Australia and unfair trading equivalence in the state jurisdictions in Australia. The standard expected of what is reasonable for an agent is defined in terms of a reasonable effort in the case of free services and means a professional standard of paid services. The agent may be legally liable Freni failings, shortcomings or mistakes. An agent will not be liable in negligence if they have verify the correctness of information or advice or if the agent is checked information with the principle. In agent it is not have the relevant information should disclose this fact to the principle and may avoid liability by honestly explaining limits of their knowledge. If you are in any way involved in a principle agency relationship in your business, it is certainly important to understand this principles of law so that you can apply them to your business relationships.…

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Attorney At Law

Legal & Accounting Information Online – Beware of ‘Accurate Misinformation’

Small offline businesses often operate on a shoestring budget, relying on getting by on personal credit cards and the like during slow times and trying to get them paid back down during the better times. Since almost every industry is cyclic in nature, this happens time and time again. As a result, small offline businesses often rely on the Internet for much of their legal, accounting and other needed information.
The risk these small offline business owners take is that they’ll often fall victim to ‘accurate misinformation’, a new phenomenon that has resulted from the world-wide scope of information online. The term accurate misinformation refers to information that is true and valid in the jurisdiction where it’s written, but is not necessarily applicable elsewhere. Hence it’s accurate in that locale and misinformation elsewhere.
Small offline businesses usually recognize that they can’t use the information from another country in their legal and accounting issues, but may well be misled by information applicable to only a part of the country they operate in. For example, rules pertaining to taxes, laws and by-laws can vary from state to state, province to province, department to department, and often even differ in each municipality.
Remember, small offline business owners and solo entrepreneurs are fairly savvy, or they wouldn’t be in business long in today’s challenging economic times. So most know to disregard the financial and legal information posted by non-professionals and that they should only follow the advice of licensed and accredited professionals. But they do run the risk of falling victim to accurate misinformation when it’s published by a legitimate professional, especially if the web page they’re reading doesn’t list the exact location of the firm or individual offering up that info.
As a small business owner you know you have to exercise caution and prudence in all aspects of legal and accounting practices – just be sure that prudence extends to avoiding accurate misinformation. No matter how tight the budget, find a way to get solid business, accounting and legal advice from licensed professionals in your own community – it’s the only way to be sure you’re operating in full compliance with the rules and regulations in place where your small business operates.…

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Civil Law

Ownership Cost for Vehicles: United States Supreme Court Affirmed Ninth Circuits Judgment in Ransom

In 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act or BAPCPA was passed by Congress and created the Means Test. The Means Test was created in an attempt to change a perceived problem with the bankruptcy system. The idea behind the Means Test was to take IRS standard deductions and compare them to the income of those in need of bankruptcy protection. The theory is that the Means Test would level the playing field and show if someone was spending too much money on housing, food, utilities, and if so, how much should they be spending to have money left over to pay their debts. The Means Test was designed to show that a person has disposable income to pay some of their debts back in a Chapter 13 bankruptcy rather than having all of the debts discharged in a Chapter 7 bankruptcy.
Since the creation of the Means Teses, many bankruptcy lawyers have included deductions in line 28 and 29 for “Ownership Deductions” even though the person filing for bankruptcy did not have a vehicle loan or lease for their vehicle. By taking this additional deduction a person filing bankruptcy can reduce their disposable income significantly and therefore have no disposable income available to pay their unsecured creditors.
On January 11, 2011, the United States Supreme Court upheld the Ninth Circuits judgment and held that the “Ownership Cost” in line 28 and line 29 of the Means Test may only be taken if the bankruptcy filer actually has a car loan or lease expense. If a person owns their car free and clear then they must not take the “Ownership Cost” deduction.
The issue in this case turns on the interpretation of the word “applicable.” What a mess one simple word could create. The moral of the story is when Congress is considering the language of laws to pass, they must make their intent clear and analyze each word they use when drafting new legislation. One word could make a huge difference. Contact one of our San Jose bankruptcy lawyers or San Francisco bankruptcy lawyers for more information about the Means Test.…