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What happens to my Will if we separate?
What happens to my Will if we separate? – Ending a De Facto Relationship may change your Will The case of Blyth v Wilken [2015] WASC 486 was a landmark decision – the first of its kind in Australia that provided some guidance and commentary on the effects of the...
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Decision Making When You’re Going Through a Separation
Decision Making When You’re Going Through a Separation Guest Post for Farrar Gesini Dunn by Scott Malcom from Money Mechanics Confident decision making as you are going through a major life event can be difficult. With divorce emotions can be raw and the vision or plan for your life has...
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The Family Law Act and no fault divorce
2016 marks the 40th anniversary of the Family Law Act 1975 and creation of the Family Court of Australia. As discussed below, some the greatest and most revolutionary changes were enacted in this legislation, making the law more accessible and user friendly to those who need it most. Did you...
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How can you work with men who perpetrate Domestic Violence?
Guest Post from Simon Port of Everyman Australia (formerly The Canberra Men’s Centre) about the Working With the Man program: People often ask: ‘How can you work with men who perpetrate Domestic Violence?’ These comments usually reflect a widely held belief that such men are not worthy of any support...
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The Best…Just got better
The best, just got better We are excited to announce the merger of Farrar Gesini Dunn and Certus law Last year at Farrar Gesini Dunn we celebrated our 20 year anniversary. Since the beginning, we have always strived to be the best at what we do and to be leaders...
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Decision making when you’re going through a divorce
Thanks to Michael for sharing his article with us! Guest Post from Michael Miller MLC Advice Canberra Decision making when you’re going through a divorce. Financial planning is in many ways quite simple, it’s just about decision making. So I spend just as much time reading material from the field...
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New Family Court decision on pre-nups
Financial Agreements – De Facto versus Marriage The Full Court of the Family Court has delivered a new judgement regarding whether you can have a binding financial agreement (aka a pre nup) that covers both de facto relationship breakdown and marriage breakdown. Background Several years ago the Family Law Act...
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Are prenups binding in Australia?
What are prenups in Australia? Something I commonly hear when talking to non family lawyers is: “I’d like my clients to protect their assets from divorce, but prenups aren’t binding in Australia…” Well actually, they are! Prenups (or as we know them: Binding Financial Agreements – BFA’s for short) ARE...
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Considering a Surrogacy Agreement – You Need a Specialist Family Lawyer
A Surrogacy agreement is becoming more common in today’s society where the definition of a family is becoming more diverse than just the “nuclear family”. The law around surrogacy in Australia is complex and different laws apply in different states and territories. In the ACT, commercial surrogacy agreements (where you...
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Are You In a De Facto Relationship?
The Family Law Act was changed a few years ago to allow couples who are in a de facto relationship to have the same rights as married couples with respect to financial matters such as property division and maintenance under the Family Law Act. Legally speaking, de facto couples who...
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How can we better listen to children when making decisions about their care?
We recently attended a training session entitled ‘Young children have a lot to tell us about themselves.’ This session focused on children and the ways in which they can communicate their views. This is particularly important when it comes to making arrangements for children after a separation. The training session,...
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Litigation in Family Law Disputes
Director Ann Northcote revisits her article ‘Litigating the clever way’. Family law disputes often involve situations where one party needs a resolution more than the other. For example, if the wife has moved out of the former matrimonial home and she is now renting her own place, whereas the husband has...
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