When people facing separation elect to do their financial settlement without a lawyer, they are commonly motivated to save money and avoid the litigious process. Some of people can run into problems and they typically fall into one of two categories: People who do an agreement without lawyers and don’t formalise it; or People who […]
READ MOREHow do you work out what the family business is worth?
When a couple separates and begin the process of identifying and valuing the assets in the pool for division, if there is a family business, this can become an area of contention. From my years of experience assisting either the business owners or their spouses, people sometimes have inflated opinions of the worth of a […]
READ MOREAccountants, Financial Planners & Lawyers: What I’ve learned over 35 years as a family lawyer
From the perspective of dealing with other professionals – lawyers, accountants and financial planners – the most significant learning for me is the importance of effective communication between the relevant professionals. The professionals I come across in my work where we have effective communication are able to deliver the most positive impact for their clients. […]
READ MOREWhy can’t you give me a precise answer about my property entitlement?
In my work with clients, one of the areas that people can find difficult to get their head around is the concept of being given a range of outcomes rather than a precise percentage when it comes to their property settlement entitlement. When we mention a range to our clients, for example, between 45% and […]
READ MOREGrace & Frankie: Who gets the holiday house?
If like me, you came across the Netflix television series Grace & Frankie over the holiday period, chances are you’ll know the point in the show where a decision needs to be made about living arrangements. While their circumstances are somewhat unique, the question ‘who gets the holiday house?’ is one that is brought up […]
READ MOREBinding financial agreements as an estate planning tool
I recently presented at the Law Australasia conference on the topic of Binding Financial Agreements (BFA’s) as an estate planning tool – to an audience of accountants, financial planners, commercial lawyers and business advisory professionals. In my presentation I detailed, in the context of estate planning, how they might utilize BFA’s in the protection of […]
READ MOREThrow down your guns – don’t be so reckless
Our duty as family lawyers is to take the heat out of matters, to hose them down, rather than adding fuel to the fire. If we take up our client’s cause, we lose our objectivity and impartiality. Our judgment becomes clouded. We are prevented not only from carrying out our duty to the Court and […]
READ MOREThinking of relocating with children after separation? Things to know before you start packing
Regardless of whether it’s you that is looking to relocate with your children or your former partner, you need to be aware of some important considerations. In my experience, the issue of relocating with children typically arises when someone needs to relocate to receive family support, is unable to find employment in their area or […]
READ MORECase in Point: Trusts – Financial resource or asset/property for division?
The case of Harris & Dewell and Anor (2018) is interesting for us as family lawyers and those of you who work in financial services or have a role within a trust, be it as a beneficiary, trustee or appointor. Determining whether a husband or wife’s interest in a trust will be considered by the […]
READ MOREFacing separation or divorce in your retirement years
Patricia and Martin had their retirement unfolding just as they had planned it. They had a unit in the city which was ideal for when they wanted to see their children and grandchildren and they had a beach house where they would spend a large part of their time. They had been travelling with other […]
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