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Understanding the recent changes to the Family Law Act - Section 60CC What is in the Child's Best Interests

Rachel Weatherly, June 6 2024

The Family Law Amendment Act 2023 was passed by the Australian Parliament on 19 October 2023. The changes include new laws about how the Courts will make parenting orders in the best interests of a child and commenced in May 2024. We have prepared a series of articles which will set out the major changes to the

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Estate Planning Documents                        Health Check

Rachel Weatherly, March 22 2024

Ensure your Will, Enduring Power of Attorney and Advance Care Directive documents are up to date. Do your estate planning documents still reflect your wishes? Are your estate planning documents still relevant to your circumstances? Estate planning is a vital aspect of financial and personal well-being that often goes overlooked until it's too...

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Navigating Superannuation Splits: A Guide under the Family Law Act

Rachel Weatherly, March 15 2024

Introduction: Divorce or separation is a challenging time for individuals and families. As couples untangle their lives, the division of assets is a crucial aspect of the process. Superannuation, is often a significant financial asset, and subject to specific regulations under the Family Law Act (“the Act”). Below we will shed light on how the...

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Understanding Spousal Maintenance

Rachel Weatherly, March 1 2024

Introduction: Spousal maintenance is an aspect of family law in Australia, designed to address financial inequalities between spouses following separation or divorce, particularly where there is high level of need in one spouse. This legal obligation ensures that the financially disadvantaged party receives necessary support from their former...

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What is an Independent Children's Lawyer in Parenting Cases?

Rachel Weatherly, December 13 2023

Part 1 in this series discussed when an Independent Children's Lawyer would be appointed by the Court and their role in Family Law parenting proceedings. Part 2 of 2 Articles What about the child’s views? The Independent Children’s Lawyer ("ICL") will generally meet with the child depending on the child’s age, maturity, and other circumstances....

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How to maximise your free 30 minute appointment in Family Law matters?

Rachel Weatherly, November 13 2023

At Weatherly & Associates we are here to lend a helping hand in your separation. We understand that it can be an overwhelming time and that you will have questions on how to move forward. That is why we have created a list of some questions you could ask to maximize your free 30-minute

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What is an Independent Children’s Lawyer in Parenting Cases?

Rachel Weatherly, October 30 2023

Part 1 of 2 Articles Particularly in parenting matters, the Court places great emphasis that the interests of the child or children are to be regarded with crucial importance. This why the Court may appoint an Independent Children’s Lawyer (also known as an ICL) to impartially represent the child’s interests for the Court’s

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I am an executor, how do I finalise and distribute an estate?

Rachel Weatherly, August 1 2023

As an executor of a Will, it will be your duty to collect in the deceased person’s assets, pay any debts, make payments of any bequests, transfer any assets and attend to the final estate distribution. A bank account will often need to be opened in the name of the estate.  Alternatively, if a solicitor has been instructed, estate funds can be...

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What is a bequest in a Will?

Rachel Weatherly, July 14 2023

A bequest is a gift made in your Will, usually to a person or charitable organisation, which is received after your death from your estate. Types of Bequests There are different types of bequests that can be made in a Will.  Some of these include: There are other types of bequests that can be included in your Will. If you would like to know more...

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What are some of the disadvantages of having a Testamentary Trust?

Ai Phan, July 3 2023

In our last article about testamentary trusts we spoke about the advantages of having one, however they may not be suitable for everyone. There are ongoing expenses for maintaining a testamentary trust, namely legal fees, accounting fees (for the preparation of tax returns), and in some instances fees payable to the trustee if a professional is...

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