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What is a binding financial agreement?

Rachel Weatherly, December 17 2018

Binding Financial Agreements (“referred to as a BFA”) are commonly known as “pre-nuptial agreements”, “post-nuptial agreements”, “cohabitation agreements” or “separation agreements”. For de facto couples a BFA can be entered into: For married couples a BFA can be entered into: By entering into the agreement you are contracting out of the provision...

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What happens if I die without leaving a will (or a valid will)?

Rachel Weatherly, October 9 2018

In the event you die without leaving a Will (or a valid Will), you will be deemed to have died “intestate”. This means that your estate will be distributed pursuant to the rules set out in Part 3A of the Administration and Probate Act 1919. The rules relating to the distribution of an intestate estate are as follows:

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I am the executor of an estate and have been told I need to obtain a Grant of Probate. What is probate and why do I need it?

Rachel Weatherly, September 10 2018

A Grant of Probate is an Application made to a Court by the executor(s) of an Estate to verify that a Will is valid and represents the final testamentary wishes of the deceased. In South Australia the Supreme Court of South Australia is the Court that has jurisdiction in this area and the Probate Registry deals with the Applications.

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Changes to Family Law Court Filing Fees

Rachel Weatherly, September 10 2018

As of July 2018, the filing fees have increased in the Family Court of Australia and Federal Circuit Court of Australia. Please click the link below to view the new fees. Family Law Court Filing Fees July 2018

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Family Law FAQs

Rachel Weatherly, March 27 2018

Q. Is there such thing as “formal separation”? A. The quick answer is that as soon as you have communicated that you are “separated” you are.  There needs to be a genuine belief that your relationship is over and that this has been made clear to your partner. #Familylaw #relationships #relationshipbreakup #breakups #Divorce

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Parental conflict on separation and the effect on children

Rachel Weatherly, March 26 2018

The effects of separation and parental conflict on children can be immediate and, if ignored, can also have a long lasting effect well into their future. Children who are aware of or are involved in the conflict between their parents are at risk of developing emotional as well as social and behavioural problems.  This can have a knock on effect whi...

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Dealing with employee entitlements on a transfer of business

Rachel Weatherly, February 8 2018

When a business is sold (i.e. transferred), there are rules with regard to employee entitlements which both the vendor and the purchaser need to get right. Generally, the transfer of a business in accordance with the Fair Work Act 2009 (Cth) (FW Act), does not constitute a break in an employee’s employment and accordingly, the new employer is oblig...

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Tips to reduce your legal fees

Rachel Weatherly, January 29 2018

We understand that the need to appoint a solicitor and the pressure of mounting legal fees can be very stressful for our clients. We would like to share a few tips we have, whatever the legal matter, to assist you in keeping your legal fees as low as possible. Most solicitors charge at an hourly rate based on 6 minute units. Therefore time is money...

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Changes to workplace laws for Franchisors and Holding Companies

Rachel Weatherly, January 5 2018

On 27 October 2017, new workplace laws relating to franchisors and holding companies took effect. These changes are part of the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017. Under these new laws, franchisors and holding companies can be held responsible if their franchisees or subsidiaries don’t follow workplace laws (if they knew o...

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Weatherly & Associates Christmas Closure 2017

Rachel Weatherly, December 11 2017

 

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