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PART 3: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, July 26 2021

In parenting matters parties must make full and frank disclosure of all information relevant to the issues of the matter, at all stages throughout the matter. The information and documents will be specific to each matter. Examples of documents to be disclosed may include medical reports about a child or parent, school reports, letters and drawings...

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PART 2: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, May 3 2021

The types of documents a party may be asked to provide by way of disclosure are: Disclosure must also be made about any property disposal (whether by sale, transfer, assignment or gift) in the year immediately before the separation of the parties or since separation. Our next article will discuss what disclosure looks like in parenting matters.

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PART 1: Duty of Disclosure in Family Law Separations - 5 Part Series

Rachel Weatherly, April 13 2021

All parties in a family law separation must provide to the other party by way of their duty of disclosure all information relevant to an issue in their case. This includes information that the other party may have no knowledge of. The duty of disclosure continues until the matter is finalised.

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The divorce and property settlement process

Rachel Weatherly, July 21 2020

We have found that people often confuse dividing property after separation with the Divorce process, they believe them to be one and the same. They are in fact two separate processes. You can attend to a family law property settlement immediately upon separation provided that the parties (or a party) believes there is no reasonable likelihood of re...

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Covid-19 Update

Rachel Weatherly, March 20 2020

Dear valued clients We understand there are many concerns around COVID-19 (Coronavirus) and wish to reassure you that the protection of our clients, staff and broader community is our highest priority. As part of precautionary measures to combat the spread of the COVID-19 public access to almost all floors in our building are restricted and access...

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PART 5: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, December 17 2019

The final step is to determine whether the outcome of any property division is fair and equitable to both parties. This will be assessed having regard to the circumstances of each party as outlined in Steps 2 and 3. Overall the main considerations of the Court when considering the division of assets are the contributions of the parties, their futur...

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PART 4: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, November 28 2019

The third step is to identify any factors which need to be taken into account having regard to the ongoing and future needs of each party. Future needs can cover a range of factors for which the parties in a relationship may face in unequal proportions. Factors can include – After considering these circumstances an adjustment may be made to the con...

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PART 3: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, October 22 2019

The second step is to identify the contributions, both financial and non-financial, that each party has made to the acquisition and maintenance of assets. Financial contributions include but are not limited to the following: Income from working or other sources, this can include wages, investments earnings and Government benefits; Significant ass...

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PART 2: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, October 10 2019

The first step in property division (AFTER meeting the threshold we discussed in the last article) is determining the asset pool of the parties. An agreement will need to be reached between the parties in relation to the value of all assets and liabilities of the parties (whether held solely, jointly or in the name of any company or trust with whic...

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PART 1: Separation and Property Division - The four step process (Family Law) - 5 Part Series

Rachel Weatherly, September 26 2019

When a relationship ends, a decision will need to be made with respect to the division of assets (property) and debts. Where an agreement cannot be reached, you can apply to the court for financial orders, including orders relating to the division of property. In property settlement disputes there is a four step approach taken by the Court when ass...

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