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Retaining assets in joint names after separation or divorce

Retaining assets in joint names after separation or divorce

When a separation or divorce is being considered, a common question often arises of whether parties can keep assets in joint names, even after finalising their family law property settlement. In this blog, we explore the risks of retaining joint assets after separation or divorce.
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When should I review my Binding Death Benefit Nomination?

When should I review my Binding Death Benefit Nomination?

If you’ve made a Binding Death Benefit Nomination to deal with superannuation fund moneys after death, and you’ve either nominated your legal personal representative in your Will or a particular person, then just like your Will, it may need to be reviewed and revised from time to time.
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How can I stop my kids from challenging my Will?

How can I stop my kids from challenging my Will?

Contemplating leaving a child out of your Will is a common issue that arises in families, particularly where one or more of the children are seen as the “black sheep”. In very general terms, kids might challenge the Will you make in three areas.
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Duties and responsibilities of a trustee

Duties of a trustee

In very general terms, a trustee holds assets of a Trust, manages those assets and deals with the capital and income in accordance with the terms of the Trust. The trustee owes a duty directly to the beneficiaries and must always act in the best interest of those beneficiaries.
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What is a partial property settlement?

What is a partial property settlement?

Even the most amicable of family law matters can take a significant period to be finalised by way of Court Orders. A common question we are asked is, "How do I pay my expenses and legal fees until the completion of my matter?" One option may be to apply for partial property settlement.
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Disclaiming an inheritance left to you in a Will

Disclaiming an inheritance left to you in a Will

You may think that it is strange to consider not accepting a gift, whether it is under the terms of a Will or where there is no Will. But there can be very good reasons to disclaim an inheritance.
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Are the views of the child considered in family law proceedings

Are the views of the child considered in family law proceedings

Factors such as the child's maturity or level of understanding will inform the Family Court as to the weight, if any, it should give to the views of the child. Sometimes, a child's views will carry a significant amount of weight, and in other cases the child's views are given no weight at all.
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What is an Independent Children’s Lawyer?

What is an Independent Children’s Lawyer?

An Independent Children's Lawyer is appointed by the Court to represent and promote the best interests of a child in family law proceedings. The ICL plays a crucial role in parenting disputes but must act independently of the Court and the parties.
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Landmark family law reforms passed in October 2023

Landmark family law reforms passed in October 2023

On 19 October 2023, the Australian Parliament passed two significant pieces of legislation in an attempt to reform Australia’s family law system. These two pieces of legislation have been designed to make Australia’s family law system simpler, safer and more accessible.
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Beware when using social media during family law proceedings

Beware when using social media during family law proceedings

It’s important for separated couples to be very careful with what they post on social media platforms like Facebook, Instagram, Twitter, Threads and Tik Tok, when engaged in family law proceedings like divorce, property settlement and parenting negotiations.
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Risks of off-the-plan property purchases in NSW

Risks of off-the-plan property purchases in NSW

Purchasing property off-the-plan in New South Wales can be an exciting venture. However, off-the-plan developments also contain potential pitfalls and risks that property purchasers need to be aware of.
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Navigating Christmas and time spent with children after separation

Navigating Christmas and time spent with children after separation

Many separated parents will be able to amicably make parenting arrangements for the Christmas period but some parents will be unable to reach agreement. For those parents, it’s important to know that any court applications to deal with parenting arrangements at Christmas must be filed by 4.00 pm on the second Friday in November in each year.
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