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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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PART 4: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

Rachel Weatherly, June 7 2019

When determining what is in a child’s best interests, the Family Law Act states that the court must consider the extent to which each of the child’s parents has fulfilled, or failed to fulfil, his or her responsibilities as a parent and, in particular, the extent to which each of the child’s parents-

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PART 3: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

Rachel Weatherly, May 31 2019

The Court will also take into consideration the following:

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PART 2: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

Rachel Weatherly, May 23 2019

The Court’s primary consideration is the benefit to the child of having a meaningful relationship with both of the child’s parents while taking into account the greater need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

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PART 1: What does "in a child's best interest" mean in a Family Law matter? - 4 Part Series

Rachel Weatherly, May 13 2019

It is important to remember that the Court’s paramount consideration when making a parenting order is what is in the child’s best interests. So how does the Court determine this? The Court’s focus is on the rights of the child and the parent’s responsibilities towards their children and not on parental rights. The Court seeks to ensure that childre...

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PART 4: Equal shared parental responsibility vs. Time spending with children (Family Law) - 4 Part Series

Rachel Weatherly, April 8 2019

In parts 2 and 3 of this series the term “reasonably practicable” was used when discussing what the Court will consider when determining time spending arrangements with children.  Luckily the Act gives guidance about what this means and what the issues are that the Court is looking at to determine this.

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