The Probate Process – Part One

Most of us have an idea of what we would like to happen to our belongings when we die. We’d like our favorite niece to receive a special piece of jewelry or see our home (usually our most valuable asset) pass on to our children. But many of us don’t have any idea how this happens. This article will explain just what happens when we die and what happens to our stuff (the legal term for our stuff or belongings is our ‘estate’).

A PLAN

If we have a plan for distributing our belongings that usually means that we either have a Will or a trust. A Will is a legal document that lets everyone know who will be the executor of your estate; who should receive your property; and how you want your estate managed. A Will in California must be witnessed by at least two adults and signed by the person creating the Will. It doesn’t have to be long. It doesn’t have to be notarized. The original copy of your Will should be easily accessible by your family members after your death. The probate process is the legal procedure for carrying out the wishes you’ve stated in your Will. Without it, the court will implement its back-up plan. A properly valid trust is not required to go through the probate process unless it is challenged. Also, more informal plans such as ‘pay on death’ accounts do not have to go through probate.

The Petition

Presenting the Will to the court is the first step in the probate process. This is done with a petition which asks the court to recognize the Will as your final wishes. The petition also asks the court to authorize the person you named in the Will as your executor, to carry out your final wishes. Usually the person you have named as the executor will take on the task of preparing the petition or hire an attorney or legal document preparer to do it. The person asking for the court’s authority is called the petitioner.

The petitioner must identify all your immediate family members, your spouse who died before you and every person you’ve named in your Will. The petition must also state your assets, an estimated value of your property’s worth, the type of authority the would-be executor should be granted (limited vs. independent control) and whether a bond is required. The petition is a court required form and when completed, it must be submitted to the court along with a copy of the Will. The original copy of your Will must be lodged with the court which is kept in the court’s files.

Once the petition is completed and a copy of the Will attached, it is presented to the court with the required filing fee. Currently, the filing fee in California is $435 for a petition for probate. Once the fee is paid, the court clerk will assign a hearing date so the judge can decide on the petition. The court calendar varies from county to county. Some counties assign court dates within 15 or 20 days while other courts are so backlogged the petitioner may not get a hearing date for two months. Prior to the hearing date, the court staff will review the petition and present it to the judge with any questions or comments.

The Hearing

Before the judge will issue a decision on the petition, a summary of the petition must be published in your local newspaper. In fact, the petition must state the specific name of the newspaper the publication will be posted in. This publication is required to let potentially interested parties know that someone is seeking the court’s permission to probate your estate. This public notice then gives anyone the opportunity to come forward and object to the appointment of the executor or contest the Will itself. Family members and next of kin must receive a separate notice which must be mailed to them directly. Just as the newspaper notice gives the public a chance to make objections, the mailed notices offer family members the same opportunity.

Assuming no objections are made and all the procedural steps have been followed (such as the notices), the judge will grant the petition for probate at the hearing and your executor officially appointed to manage your estate. It is at this time that an executor’s bond must be filed with the court, if required. After the hearing, your executor will receive signed copies of the order for probate and letters of appointment. Like the petition, the petitioner is also responsible for preparing these documents for the judge’s signature. Your executor will need these two documents as proof that he or she is authorized by the court to pay the your debts, collect all monies owed to you at the time of your death, access all of your bank accounts or brokerage accounts and take care of your property. Nearly all third parties such as bank representatives, mortgage companies, title companies, and government officials will require a copy of the order and letters before releasing any information about your affairs. Your executor will probably need a certified copy of these documents. Certified copies are available from the court clerk for an additional fee.

Once appointed, your executor will not only be in control of your estate, he or she will also be accountable to the court and the beneficiaries for how your estate is managed. In fact, every action taken during the administration of your estate must ultimately be reported to the court. And some actions, such as selling your home, require giving the beneficiaries and/or the court advance notice of the sale. But most importantly, your executor is responsible for carrying out your final wishes. The best thing you can do to facilitate that is make sure your Will has been properly executed, make sure your loved ones know where the original Will is located and finally make sure your wishes are clearly spelled out. Taking these steps will ease the process of fulfilling your final wishes.

The Classic Hypnosis Bubble For Use In Hypnotherapy Or Self-Hypnosis Sessions

I think we’d all agree it is a truly wonderful sensation to feel safe and secure in one’s own body and in one’s own life.

Many people in a wide variety of life benefit from the kind of thing I am writing about today. What I mean is, it is not exclusively the territory of someone who is in therapy, for example. This kind of process is one that looks to build secure boundaries and enhance decision making. It lends itself wonderfully well to these things and is therefore a great way for a hypnotherapist to start sessions with a client, for example.

However, it can be adapted to suit a wide variety of issues and has a number of applications.

In my experience and evident in the work of most of the trainers I have worked with, and through my studies over the years, many clients respond better to therapeutic intervention when they feel safe, secure and in control. Lots of myths that surround the field of hypnosis and hypnotherapy do tend to inhibit this if the client is not educated about the hypnotic process, then this can detrimentally effect the results you might hope to achieve with a client. Heck, this article is not about how to develop trust and rapport et al. You can read about that aplenty elsewhere on this website as well as other places.

This kind of process helps a client to feel safe in life and within the therapeutic environment.

The sort of process that I am offering up today is adapted from D. P. Brown (1992) as cited in Essentials of Clinical Hypnosis by Steven Jay Lynn and Irving Kirsch (2006, pp69-70). It is adapted here for use with self-hypnosis though it is used by myself and many other hypnotherapists in client sessions for the most part.

Steps To Benefit From The Hypnotic Bubble

Step One: Induce hypnosis. Hypnotise yourself with any means that you know, or have been taught and choose any means that you prefer.

Step Two: Start to think about what it means to you to have a sense of being safe, secure, and in control.

Now engage your imagination and imagine you are in a bubble where you feel protected and in control.

Start to notice and sense the qualities of the bubble you are creating all around you. So notice the colours; maybe favourite colours, or colours you associate with safety and security. Maybe the colours are iridescent, maybe the bubble is translucent.

become aware of the touch of the bubble when you reach out, how it feels on your skin if you touch it, notice the sound made if you touch it and engage your imagination in whatever is the best way for you and create a bubble you are most comfortable with and that has the most appeal to you.

Step Three: Create the fit of the bubble. Is it like a second skin and it fits closely to you, or is it like a big bubble that you can move around inside of? Is there a usual sense of gravity inside of it or do you float weightlessly? Choose whatever makes you feel the most at ease and comfortable and free. Allow it to enhance your sense of safety. Once you have created this bubble to your own design and choosing, then you can allow yourself to move on to the next step, but make sure you spend all the time necessary on this step.

Step Four: At this stage, do remember and impress upon yourself the idea that this is your bubble. You created it. It is your safe place and you are in control of it in every way.

Now take absolute control and show yourself that you are in complete control of this bubble.

Notice that if you engage your imagination correctly, you can start to make the bubble move and be mobile. Notice as you think about it getting lighter, you can start to move upwards in the bubble. Then you can start to let yourself feel as if you are getting lighter and moving upwards. At times you might like to enjoy the altered perspective of wherever you are, from above.

Of course, the bubble can also move down and you can practice moving it back down again now.

Let it move to the left and right under your command, your thoughts and your imagination, enjoy controlling the bubble. You might even start to take control of the qualities of the bubble in more depth. You might like to change the colour, change the texture or the material it is made from. You can change the thickness of the bubble and the ability to see through clearly or not. take some time to practice making changes and movements with the bubble and when you feel totally in control of it, then move on to the next step.

Step Five: With this enhance level of safety and control, comes the choice that you have to let people inside or not. You choose and you control if anyone comes in or not.

You make all the decisions as far as this bubble is concerned. You can use the bubble to enhance the closeness you have to people when you let them in, or you can use it protect you and keep a distance away from them.

The bubble allows you to share any feelings with others should you choose to do so while in the bubble. Or of course, you can protect and keep your feelings to yourself within the safety of the bubble. Again, you are the one that decides on that.

Ponder and think for a few moments at this stage about how wonderful it feels to be in control and how liberating it is to know that you make all the decisions for yourself. As you do so, imagine and sense your own assuredness deepen.

Step Six: While here, you can now spend some time working on relaxing and engaging in any method of progressive relaxation that you know – so that you can associate that relaxed sensation with this bubble for each time that you come back here and experience it.

Just float and bask in this protective place and enjoy the safety and control you have here. take as long as you need to just relax in this safe environment. When you have enjoyed enough of it and felt some tangible difference, then move on to the next step.

Step Six: As you continue to imagine this ever-growing sense of control, and heighten your own awareness of your own power to make decisions, you notice the distance of the boundary of the bubble around you even more explicitly.

Be aware of how flexible this is and that you can shorten or extend that boundary whenever and however you choose. Let it be your control of you own boundary.

Start to imagine how you are going to use this when you are out in the world. Start to imagine how you are going to allow the boundary to be controlled by you, to keep yourself safe and how you make decisions about expanding those boundaries of your safety as you go about your life.

You notice how it enhances your ability to make decisions in your life and how you allow yourself to feel secure and more comfortable in the world. Each and every day you learn more about what it takes to feel more and more confident in who you let in and how you choose to live life with a healthily and appropriately increasing sense of security and safety in your own skin.

The more you practice using the bubble, the more it is working for you even when you are not thinking about it, working for you and keeping you safe and secure and enhancing how you make decisions.

Step Seven: You can return here whenever you choose. Tell yourself that each time you come here and run through this process it works even better and the benefits increase.

Then you exit hypnosis by counting yourself up, wiggling your fingers and toes and go about your day feeling better and letting the feelings continue to be felt.

It is a truly wonderful sensation to feel safe and protected using your own mind, I hope you enjoy that sensation too.

Fly Fishing Idaho – Lesser Known River the Falls River

Idaho has always been a Mecca for fly fishing. There are so many great rivers that one really cant go wrong when picking a place to fish. Idaho boasts excellent trout fishing in such rivers as the South Fork Snake River, Henry Fork of the Snake River, and the Boise River to name a few. It is also a great place to catch the journeying Steelhead that frequent the Clearwater and Salmon Rivers. But what about the lesser known rivers? This series explores five of our favorite Idaho rivers that deliver a great fly fishing experience for any angler. Chances are however, you will mostly likely be the only angler on them.

The Falls River

The River

The Falls River begins its journey in the Southwest corner of Yellowstone National Park north of Beula Lake. It gains some momentum as smaller creeks dump into it, but really adds some flow when it meets the Bechler River right before it exits the Park. The Falls River then travels south out of the park where it waterfalls down an elevation drop forming the often visited Cave Falls. At this point it crosses from Wyoming to Idaho where another even more more spectacular waterfall exists called Sheep Falls. Falls River then passes through some pretty rugged country before flowing through the famous Idaho potato farms east of Ashton where it eventually dumps into the Henry’s Fork of the Snake River just west of Highway 20 above the Chester Dam.

Location

Depending on where you fish along the Falls River, getting there can be a chore. I have fished just above the bridge along Highway 20 and had some luck, but the best stretch of the Falls River in my opinion is just east of Ashton, Idaho. To get there, take Highway 47 out of Ashton and as it heads north, go east on Marysville Road. A few miles east of the turn one may turn right on 4500E and access the Falls River off the bridge (which is great fishing, but many know that), but for complete solitude (and fantastic fly fishing) continue on Marysville Road. It eventually turns to a dirt road called Cave Falls Road (FR 582). You eventually notice the landscape drastically changed to very thick, rugged forest. After many miles, you will notice a road (FR124) that turns right. Take this road. If you get to the Bechler River Ranger Station turn off or entered Wyoming, you have gone to far. FR 124 starts out nice, but to reach the Falls River you have to traverse some pretty crappy roads. Once there, you can fish up or down the river. Down river is Sheep Falls which can be excellent fly fishing. However, it isn’t for the faint of heart. The hiking is pretty tough and your friends in the river could easily be Moose (Big Ones) or Grizzly Bear. I would definitely recommend taking the bear essentials (the bells, spray, etc) or just a buddy that runs slower than you. My couple of trips there only lent me to see Moose, but if you talk to the park rangers at Bechler, they will inform you to be careful because the Grizzlies to reside really close to this area

Fishing

This is a unique river in that the farther upstream you go, the better the fishing is. The long hikes and off-trail access minimize fishing pressure, especially around the Sheep Falls area. Much of the Fall River drainage was devoid of trout above Cave Falls. It is believed that Sheep Falls and Cave Falls were the historic upstream barriers for trout. Most of the luck I have had fly fishing the Falls River has been sub surface with such flies as: Prince Nymphs, Hares Ears, Pheasant Tails, and Stone Fly Nymphs. The first significant aquatic insect to emerge is the pale morning dun. Beginning in July you’ll see stoneflies, and Brown and Green Drakes. I have also thrown leeches, streamers, and woolly buggers with some success as well. Just below Sheep Falls you get some nice deep runs with bigger trout. The average size trout in these waters is about 12 – 14 inches long, but many places along the Falls River it isn’t uncommon to land trout north of 20 inches. Also, fishing the Falls River near Highway 20 will produce some nice Browns as well.

If you are heading to Idaho and want to get away from the crowds then the Falls River could be your ticket. The wildlife and serenity are great. It is a backpacking, fly fisherman, and photographer’s nirvana.

Magnetic Power Generator Will Help to Solve the Energy Crisis

It is a must for all of us to get enough knowledge about the new alternative sources of energy, especially the younger generations. This way we can have all the necessary information about the renewable energies, and the types of projects that can be built out of these technologies. One of these energy resources is the magnetic power generator. The reason why every one of us should have enough information about these new sources if energy is to urge the young generations to work deeply in this field to make all the beneficial theories applicable for the sake of all human beings. Any one on this planet is concerned with the application of such knowledge so that we all can find a substitute for the depleting oil crisis. This way we will no longer be dependent of the oil and utility companies to provide us with energy. That is why we should act as soon as possible in order to achieve these objectives and build a better future for all of us. No need to waste more time waiting for others to find a solution.

Magnetic power generator is the new way to solve our problem of energy crisis. You will easily notice that this magnetic generator is very easy to build at your home if you want. First of all, let’s try to understand how it works. You probably know that the magnets have two poles one is positive and the other one is negative – North and south poles. Once you build a magnetic power generator, you will notice that it is based in the laws of attraction and repulsion. A rotating movement is created inside the device due to the interplay of attraction and repulsion of the magnets. Due to this attraction and repulsion movements, energy will be generated. Then, this energy will be converted to electricity that can be used to power all the appliances in your home. At this moment, you would be able to have electricity all over your house without exception. What is really astonishing about this new renewable energy is that it will provide you free energy for a very long time. In fact, the lifespan of this magnetic power generator is 400 years. As a result, your generator will last that long while providing you with such benefits. This way we are sure that the issue of energy crisis is to be solved and for ever.

Anterior Head Syndrome: A Rising Epidemic

Ever walk in a grocery store and notice an elderly person bending forward with a “granny” hump on their neck? Or perhaps a colleague who works day and night staring at a computer screen, with their head jutting forward? Perhaps it is a couple who like to watch TV or read daily, only to lay down on their backs and place two to three pillows underneath their heads. How about folks who drive a lot, with their heads jutting forward off of the head rest (“bug on the windshield posture”). Maybe even a young mother, or worse yet, children who constantly look down at Tablets, computers, Ipads, Ipods, (I-anything for that matter), mobile phones, and screens, who are beginning to show signs of Anterior Head Syndrome.

What is Anterior Head Syndrome (AHS)? AHS is an acquired, primary structural spinal condition that is an increasing epidemic, often due to lifestyle choices and traumas. Various activities can cause the head and cervical (neck) spine to mold and shape to a more forward position. These effects are devastating to one’s health. According to Physiology of the Joints, Volume 3, “For every inch of forward head posture, it can increase the weight of the head on the spine by an additional 10 pounds.” The adult head weighs anywhere from 12-15 lbs, and you can only imagine the extra stress on the neck muscles and discs should AHS not be addressed. No wonder why people can feel fatigue and soreness in their necks, shoulders, and back after a long day at work. Like putting your hand in wet cement, it can mold to your hand print as it dries. The spine does the same with abnormal spinal posture.

What can happen if I don’t correct AHS? Secondary conditions from abnormal spinal structure in the neck can include the following: arthritis, arm pain, back pain, bone spurs, carpal tunnel syndrome, cervical stenosis, decreased grip strength, degenerative joint disease (osteoarthritis), disc herniations, dizziness, dowager’s Hump (“granny hump”), fatigue, Fibromyalgia, golfer’s or tennis elbow, headaches, hearing difficulties, jaw pain (TMJ), neck pain and muscle spasms, numbness and tingling in the arms and hands, rotator cuff issues, shoulder pain, sinus conditions, vision issues, and wrist pain. According to the prestigious journal Spine, Forward head posture has been shown to flatten the normal neck curve, resulting in disc compression, disc damage, and early arthritis, even in people who exhibit no symptoms. Of the many people who do not have symptoms from AHS, permanent spinal damage can occur if not addressed with spinal corrective care.

What the neck should look like: The cervical spine should have a nice arc when looking at the side of the body, with the inner flap of the ear (tragus) in a direct line over the shoulder (acromion). From the front view, the head should be perfectly aligned over the chest. Research according to Nobel Prize Winner Dr. Alf Breig, a once prominent neurosurgeon, proved that “Loss of the cervical curve stretches the spinal cord 5-7 cm (2 to 3 inches) and causes disease.” In my practice, after a thorough exam and radiographic analysis, I routinely see patients with 1-4 inches of anterior head syndrome. That extra force on the spine attributes to 10-40lbs of additional head weight on the neck muscles and torso. Elongation of the spinal cord 2 to 3 inches, combined with 10-40 pounds of extra weight on the cervical spine can contribute to a myriad of neurological conditions over time. AHS can occur through years of improper biomechanics and bad neck habits, or an instant automobile whiplash. It doesn’t occur in a day or two after looking down on your Smartphone. Problems begin to arise over years of abnormal wear patterns on the spine (much like a tire spinning along a bent axle – the tire tread will wear unevenly).

What to Do About AHS: Whether your goal is to reduce Arthritis and pain, help sinus problems and headaches, or reduce the “granny hump” on your upper back, there are few ways to help improve AHS. After a series of radiographs, we use a specific protocol tailored individually for each patient. We use specialized spinal restorative equipment to gently and slowly shape the neck closer to its normal position. We also use specific spinal chiropractic adjusting and therapeutic exercises that are safe and beneficial, by increasing cervical mobility. In addition, modified changes in your daily lifestyle will be implemented, by identifying bad habits that cause AHS, including specific AHS exercises, changing driving position, updated sitting and sleeping positions, improved biomechanics when working out, and others. Keep in mind; no “magic pill or potion” is going to help restore a proper neck curve.

How Do I Find The Right Doctor For Me? Traditional doctors, physical therapists, massage therapists, and even dare I write, many doctors who share my own profession of Chiropractic, do little to show evidence of improving AHS. For the best results, find a provider or Chiropractor that specializes in Chiropractic Biophysics, or can show you evidence of spinal change in addition to merely helping you feel better. Just like working with a trainer, achieving the best results for your body in the gym is no different. It takes a strong desire for improvement and additional work on your own time to obtain the best results. When training in the gym, you may notice results slowly, and after a period of time, even greater results! AHS correction is no different.

Working with a chiropractor who focuses on spinal correction along with making simple changes to your home and work routines will pay huge dividends in your spinal health.

The Best Books For Bar Exam Preparation

Preparing for the bar exam requires you to practice, practice and practice more, but having the right resources to study from is equally important. This article’s focus is upon the materials that worked for me and came recommended to me from ABA law school graduates and colleagues who have passed the bar on their first attempt. After following their advice, I finally passed.

First, you absolutely must have the current version of Barbri’s Mini Convisor Review. It’s all the black letter law you need to memorize for the bar exam. The law provided within this guide is complete, thorough and includes all the elements you’ll need to analyze in your essay responses. Use this review guide to create your rule statements and you’re well on your way to passing the bar exam. You can purchase it used or new.

The MBE portion requires more practice. You can use any of the MBE question books on the market and there are even online testing programs available, if that suits you. I suggest the Emmanuel Strategies and Tactics for the MBE. Answer as many practice questions as you can. You’ll need to learn from your mistakes and really notice the patterns in the questions to be able to answer all 200 questions within the time limit. Then, the night before the MBE test, only review your notes created from the answers you missed during practice.

To pass the bar exam, you need to practice. I recommend writing practice essays under timed conditions. Also, having someone else review your answers and give objective feedback is extremely helpful. I have taken several bar exam review courses, and they all, but one, over inflated my practice essay scores, which led me to believe I was performing better in practice than I did on the bar exam. When I finally found Bar Graders on the web and took more than 40 practice essays, my exam score significantly improved. These are past bar exam graders and I would want no one else grading my practice essays. Hands down, they should be your only bar review course.

Lastly, a few words about the Performance Test. Try a strategy that has you working efficiently on the performance test. There are a lot of performance exam strategies that will have you prepare a grid outline of the issues that match the law and you work from that grid to type or write your answer. Forget those graphs, charts and rainbow highlighter approaches because they don’t work and waste your precious time. Of course, many of the bar review courses include materials on the performance test, so you may not need to purchase additional materials. However, if you’re wondering what else is out there and what has worked for other bar exam takers, then its worth a search for additional materials. I wish you the very best in your preparations for the exam and in your career.

Signs That It’s Time to Consider Roof Repair

It is important for home and business owners to know when it’s time to think about certain repairs around their house or office, and one of the kinds of repairs that folks might not think about as much is the needs of the roof. Making sure your home or office stays in good shape and keeps its value means more than just making sure the outside and inside look nice – it’s also important to keep a close eye on potential repairs that might be needed.

One of the most overlooked problems is the roof. It is so important to make sure you are keeping an eye on your roof, because it does so much to protect you. After all, without it you’d be at the mercy of the weather! With that in mind, how can you make sure you are taking good care of your roof?

It never hurts to know when to call on professionals for roof repairs to Mornington Peninsula homes if you believe you are in need of roof restoration services. How do you know when the time is right to begin thinking about roof repairs, though? Here are some of the tell-tale signs that you should think about. Seeing any of these could be a good indicator that it might be time to have the roof fixed.

The Roof is Aging

One thing you should think about before anything else is the age of your roof. After all, if you have lived in your home for 20 years or more, then it is safe to assume that your roof could be getting a little old. The roof of a home can last up to 20 years at a time if it is maintained properly. If your home is getting up there in age, it might be time to think about having your roof checked for peace of mind.

You Notice Missing or Broken Shingles

Noticing that the shingles on your roof are broken or missing? This is a potential sign that the roof has been exposed to a good amount of storms or heat, and will need attention as soon as possible. If left unattended, a roof missing shingles could become vulnerable to potential situations like heavy rainfall bringing in a lot of water.

If you notice this problem with your roof, reach out for roof restoration services as soon as possible so you won’t have to worry about leakage next time a rainstorm comes in.

You Notice Leaking or Water Damage

If you see leaking coming from your roof, you should think about having it fixed or replaced as soon as possible. This is a sign that the roof has seen too many storms, and the rain is beginning to leak through the roof. This problem can worsen over time, so make sure you get it fixed as soon as you notice it so that you won’t have to worry about it.

Repair or Replace ASAP

If you notice any of these issues with your roof, don’t hesitate. Get in touch with professionals for roof repairs for Mornington Peninsula homes and businesses to be sure and get the roof repaired or replaced professionally, so that you won’t have to worry about any of these problems growing larger.

Surprise! We’re Getting Married! – The Facts About Surprise Weddings

Picture this: a handsome young man is standing looking gobsmacked under the fronds of a palm tree, attired in semi-formal casuals, surrounded by laughing, clapping friends. At his side, holding his arm and looking ravishing in an exquisite gown, a young woman is speaking into a microphone provided for the DJ of the party: “Surprise, darling! We’re getting married right here and right now! It’s all organised!”

On the spot

It may seem like a romantic notion – to spring a surprise wedding upon one’s fiancée or fiancé. There are so many benefits one could envisage from this idea: saving one’s partner the hassle of having to organise the details; fitting in the wedding when it didn’t seem it could fit into the bride’s or groom’s busy schedule; getting the partner who’s dragging his or her feet to actually stand by the commitment made; reducing costs for the wedding; adding a special touch of magic (a “romantic gesture”) by having it be a surprise… but the truth is, it’s not legally permitted.

What Australian legislation has to say about surprise weddings

Simply put, a wedding where one of the parties (either bride or groom) is “surprised” by its being a wedding is not legally possible, and Marriage Celebrants are not permitted to solemnise such a wedding. To quote from the relevant document released by the Attorney-General’s department:

The legal issues that such ceremonies raise are the following:

  • There has been undue pressure on the ‘surprised’ person to agree to the arrangement. Even if there is evidence that the person would previously have agreed to a marriage proposal, their consent must not be assumed. No person can be put under pressure to enter into a marriage and the pressures imposed by a ‘surprise’ wedding could place in doubt the validity of the marriage under section 23B of the Act – that is that the person’s consent to the marriage was not a real consent because it was obtained by duress or fraud.
  • The minimum notice period has not been satisfied – the notice period requires that both parties give notice of the intended marriage, not one.

Can the bridal couple have a “surprise wedding” as long as they both know about it?

If both parties (bride and groom) want to have a wedding in which the guests are not aware that the occasion is actually going to be a wedding, that is legal and perfectly possible. A good celebrant is able to get into the spirit of things by going “undercover”, as it were, not revealing his/her function until the moment arrives to get the ceremony underway. The families of the bride and groom do not have to be aware beforehand that the occasion is going to be a wedding – although keeping such information from people who might feel upset and aggrieved that they weren’t informed is fraught with its own difficulties. Each couple will have to decide whether the idea of a “surprise wedding” will work for their situation, but there are certainly ways in which the parents of the bride and groom can still feel involved, even if the actual wedding comes as a bit of a surprise. Every situation and every family is different – so there’s no one rule to fit all.

Points to consider

  • The celebrant must receive the Notice of Intended Marriage one month and one day before the date of the ceremony. Just because it’s a “surprise wedding” (with the guests not knowing it’s going to be a wedding), that does not mean the usual notice doesn’t need to be given.
  • Both the bride and the groom must be involved in giving the Notice of Intended Marriage. Quoting from the Attorney-General’s department: “The capacity for a registered marriage celebrant to accept a Notice of Intended Marriage with the signature of only one party (section 42(3)) relates to the signing of the Notice of Intended Marriage not the giving of the notice itself. Both parties must give at least one month’s notice of their intention to marry”.
  • The couple must provide two witnesses. “Under section 44, a marriage may not be solemnised unless there are present as witnesses at least two persons who are, or appear to the person solemnising the marriage to be, over the age of 18 years. The object of requiring the attendance of witnesses is that their evidence will be available, should the occasion arise, to establish the i of the parties or to testify as to the circumstances in which the ceremony was performed. It is, therefore, most desirable that the witnesses should be persons who know the parties to the marriage. This is the responsibility of the parties to the marriage.”
  • The couple should consider whether the surprise factor is desirable, if it will cause problems on the day. Some family members or very close friends may feel aggrieved if the wedding is a surprise to them. It is up to the couple whether or not this will be a factor.
  • If the couple is sure the surprise will cause no friction, both the bride and groom should remember that a secret shared is no longer a secret. If the bride and groom can’t resist telling “just one person” about the surprise, they might reasonably expect that that “just one person” might not be able to resist telling another “just one person”.
  • It is reasonable to inform the two witnesses about the wedding in advance, to ensure that they are there to perform their legal role in the ceremony.

Above all, a wedding should be a joyous ceremony of commitment and love. While springing a wedding on one’s fiancé/e is not legally possible, a “surprise wedding” can be a fantastic and memorable way of going about it – as long as the “surprise” is on the guests, not the couple.

Importance of Congruence in Dating

Congruence is important in dating. Ever met someone who thought they were the most moral and ethical person in the world and never missed an opportunity to remind you of that?

Kind of annoying, huh? Especially when you start to examine their behavior and discover what they call “ethics and morals” conveniently explains away their bad behavior. If you want to be a man who not only attracts women, but keeps them, your words and behaviors have got to match up. Incongruity is always an attraction killer.

Incongruity is caused when there’s a gap between words and behavior, and the wider

the gap, the more the incongruity (politicians, especially those advocating higher taxes while cheating the tax man themselves, are the perfect example of this).

What you want to do is to make sure there’s a minimal gap, a gap you’re always striving to close. No one is going to be perfect 100% of the time–but those who strive to be are much more congruent than those who don’t.

Women take notice of men who do their best to make their deeds and words match. Most men don’t- in fact they do the opposite, running their mouths, talking up their own superiority and making promises they can’t possibly keep.

What happens is, women quickly notice words and behavior don’t match, and they’re disappointed yet again. But when she meets a man whose words and behavior match closely, it’s a different story–she recognizes him as rare, and is more prone to sticking around.

Now, notice I said words and behavior must match, not that you have to promise the moon, then deliver it. If most men simply dialed down their talk and proclamations, limiting it to what they really can deliver and who they really are, warts and all, they’d instantly become more attractive to women.

Sure, you should strive to make yourself into an honorable man, and you should strive to achieve things–but let your actions speak for you. Women will notice without you saying a thing, and in this case, silence speaks louder than words. Remember, women love integrity and congruence in men.

Let other, lesser men babble on while you go about your business quietly, syncing up your words and deeds while they wonder why you attract so many women and they don’t. Let your congruence be your calling card in your dating life.

6 Tips to Get the Right Equipment Lease Financing Deal

Equipment lease financing is very beneficial to businesses, especially to those who are in a financially tight position and to those who operate in a rapidly changing technological environment. In leasing, business organizations won’t have to purchase the business critical equipment, they just need to pay a monthly rental fee to the leasing firm to use it.

All types of equipment from major manufacturing equipment to smaller items, such as computers can be leased from lenders like banks, finance companies, bona fide business equipment/office equipment leasing companies, equipment manufacturers or retailers.

Tips for getting the right deal

1) Find the Right Leasing Partner

As you will be dealing with the leasing company for a long time and it is the question of your business critical assets, take great care in choosing the right leasing firm. This way you will be able to save time and avoid later problems because of a substandard lease. Look for a business equipment or office equipment leasing company who are experienced, have good reputation, are in good financial shape, and have a relationship approach to the business.

2) Choose the Right Lease

When choosing the right lease give utmost attention to details like lease pricing, lease flexibility, balance sheet considerations, equipment obsolescence, the anticipated period of equipment usage and your firm’s credit status. This analysis will help you arrive at the right decision with regard to the type of lease most beneficial to your business and finances. The lease types you can choose from are a capital lease, finance lease or operating lease.

3) Opt for short End-of-lease Notice and Renewal Periods

Usually the notice period ranges from one to six months. And if proper notice is not served, automatic renewal kicks in which can last from one month to 6 months. You can opt for short notice and automatic renewal periods to avoid paying unintended lease charges.

4) Minimize Interim Rent

Interim rent is the amount paid to the leasing firm for using the equipment between the equipment acceptance and lease start dates. You can opt for delivery and acceptance towards the end of the month as the first day of the month is usually the official start day for leasing firms. In case you fail to do so, you can request a limit on interim rent.

5) Make sure that Lease Term and Projected Equipment Use match

This is important because your lease might run out before your project is over resulting in extra expenses and disruption in work or idle leased equipment for which you have to keep paying. This might also result in premature surrender of the lease which itself will attract penalties. So be very careful in determining your requirements and the expected period of use when deciding the lease period.

6) Identify and Understand All Potential Fees

Leasing proposals are replete with a myriad of fees and penalties such as commitment fees; non-use fees or facility fees, per schedule documentation charges, attorney fees, penalty charges for late rental payments, early lease termination charges etc. You can save a significant amount of money if you can prove yourself to be a good potential customer on the basis of your financial position, market position etc. So understand all the inherent fees and charges and negotiate hard. Remember that if you are a strong candidate there are numerous business equipment/office equipment leasing companies in the market.

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