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Wills

Tuesday, 8 May, 2018
Let’s Start at the Beginning- What is a Will?

It's important to have a will. It allows you to choose what happens to your assets upon your death and makes the process easier for your family.

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Adult Child Maintenance

Thursday, 1 March, 2018
adult child maintenance

If a child or children over 18 can’t support themselves they can still receive financial support for education expenses or if they have a mental or physical disability.

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Why Choose Collaborative Practice

Wednesday, 28 February, 2018
why choose collaborative practice

Increasing delays in the Family Law litigation and high legal costs have led lawyers and their clients to consider an alternate way of resolving family law disputes.

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The Collaborative Process for Prenuptial Financial Agreements

Wednesday, 31 January, 2018
what makes a will valid

Using Collaborative Practice for Prenuptial Financial Agreements a couple's relationship can be strengthened by identifying concerns and working through them to mutually acceptable arrangements. This can strengthen the relationship and increase the couple's ability to work together in the future when issues inevitably arise.

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Divorce; do you need a Will?

Wednesday, 31 January, 2018
divorce - do you need a will

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 If you die without a will or your will has been revoked you are intestate.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
When will a court order a party to leave their home.

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
is my binding agreement biding? A case analysis: Thorne & Kennedy

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
financial agreements

How to have a good relationship with your lawyer

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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 specialist family lawyers for Adelaide and South Australia.

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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 Family 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.