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12/07/2016

Testamentary Trust Will for Asset Protection

Can a Will be drafted to protect the beneficiaries from a claim being made against the inheritance as part of a divorce? In a recent case of Singerson & Joans [2014] FamCAFC 238, parties were living with each other for some 15 years, having had two children, prior to separating...

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29/06/2016

Can I make a claim against an unfair Will ?

3 things to ask yourself Every Australian State and Territory has legislation which allows an eligible person to bring a Family Provision claim for provision or greater provision from an estate. Before you decide to make a claim, there are 3 things you should ask yourself: 1. Am I eligible...

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24/06/2016

Overseas Travel and Family Law

It is not uncommon for parents to want to take their children on holidays including overseas. Obviously, such holidays provide an opportunity for a child to be exposed to a different culture and a different way of life. In order take children overseas, parents need to organise passports and sometimes other travel...

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26/05/2016

“Can I keep my engagement ring?”

Who keeps the engagement rings after separation? The answer is, it depends… Part 2: What happens to the engagement ring after marriage and divorce? In the previous blog post, we looked at the law for what happens to the engagement ring for couples who get engaged, but then who call...

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19/05/2016

Who keeps the engagement ring after separation?

Family Law FAQ : Who keeps the engagement ring after separation? The answer – it depends. Part 1 – Calling off the engagement without a marriage If a couple separates after getting engaged, but do not actually get married or otherwise qualify for property settlement under the Family Law Act,...

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17/05/2016

Young Children and Overnight Care

Young Children and Overnight Care As a family lawyer, I frequently see separated parents wanting to know what parenting arrangements should be put in place for their very young children. For the purpose of this blog, when I say very young, children, I mean children between the ages of 0...

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12/05/2016

What Women Need – Superannuation

Women need superannuation Let’s be honest, superannuation is definitely not the most attention-grabbing topic we can discuss. But here’s the thing. Unless you like eating baked beans in your retirement, superannuation is really ­important. The problem for women is that their careers can be characterized by a pattern of broken...

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10/05/2016

How to ‘win’ your family law matter

When we see people after they have separated, there are a range of different concerns people have.  Common ones include: How long will it take, How much will it cost, Will I have enough money to live, How much time will I have with my children. Often, and understandably, people...

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05/05/2016

Superannuation Changes in the Budget – an initial review

The budget was handed down this week and for a change there have been some significant changes to superannuation. It may take us some time to get our head around the impact of the changes but on first glance: The annual cap on concessional contributions has been reduced from $30,000...

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29/04/2016

Music Superstar Prince dies without a Will – Do I need a Will?

We have all heard about the perils of not having a Will in place when you die, but it still surprises me that even the very notable and wealthy die without even the most basic Will. Last week we heard of the death of music superstar Prince. This week, when...

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28/04/2016

Will my Family Business survive Divorce?

If you run your own business, going through a divorce or separation can cause more than emotional damage, it can also damage your business or force you to sell. Whether your business is set up as a partnership, company, trust, or via some other arrangement, engaging an expert family lawyer...

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26/04/2016

Baby ‘Gammy’ and International Surrogacy Agreements

A recent decision of the Family Court of Western Australia has re-ignited the debate about international surrogacy agreements. Usually Family Court judgments are anonymised and cannot be reported on in the media, but in this case, the Judge made an exception. Remember Baby Grammy (yes, it is ‘Grammy’ and not...

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