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Divorce; do you need a Will?

Wednesday, 31 January, 2018

The Wills Act provides a will is revoked by marriage or the commencing of a registered relationship unless the will is expressed to be made in contemplation of marriage or the registration of a relationship. If you die without a will or your will has been revoked you are intestate. If you enter a new relationship your new partner is entitled to administer your estate. If you do not have a new partner the children of your old marriage or relationship are entitled to administer your estate. If your children are under the age of 18 their parent can apply to administer your estate on your children's behalf.

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Just leave!

Sunday, 31 December, 2017

Courts are reluctant to order a party to leave their home. It is a very serious matter to turn a person out of their home. Exclusive occupancy can be applied for when parties are still living together or when a party has had to vacate the property and wishes to return. The Court will consider whether the relationship between the parties is such that it would not be reasonable, sensible or practicable to expect them to remain in the home with each other. It is not sufficient to exclude one party from the home simply to allow the other party to live more peacefully.

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Is my Binding Financial Agreement binding? A Case Analysis: Thorne & Kennedy

Friday, 10 November, 2017

Binding Financial Agreements or ‘Prenuptial Agreements’ can help couples plan their financial future. Couples can use Binding Financial Agreements to resolve how their finances will be managed during, or following the breakdown of their relationship. In the case of Thorne v Kennedy [2017] HCA 49 however, the parties’ intentions in entering into the Binding Financial Agreement were not upheld by the Court.

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You and your lawyer

Tuesday, 7 November, 2017

How to have a good relationship with your lawyer

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Overseas Child Support

Sunday, 24 September, 2017

Overseas child maintenance orders from reciprocating jurisdictions can be registered in Australia under the Child Support (Registration and Collection) Act 1988.

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How to tell the former partner about Collaborative Practice

Monday, 18 September, 2017

How to tell your former partner about Collaborative Practice is always important

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I am Worried my Former Partner will Take our Child Overseas

Saturday, 16 September, 2017

If you have this concern you can apply to the Court:

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Am I eligible to get divorced in Australia?

Wednesday, 30 August, 2017

You can apply for a divorce in the Federal Circuit Court of Australia provided you have been separated from your spouse for at least 12 months and are ‘domiciled’ in Australia, that is where you intend to live in the future.

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Am I entitled to Spousal Maintenance?

Tuesday, 29 August, 2017

​ Spousal Maintenance is a form of financial support given from one spouse/de facto partner to another spouse/de facto partner to assist them with their reasonable living expenses.

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Prenuptial Agreements

Wednesday, 2 August, 2017

Prenuptial Agreements can help couples plan their financial future

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Call us now on 8227 1970 and we will chat with you over the phone, free of charge.

Family law, divorce, wills and estate specialists for Adelaide and South Australia.

Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.