Your Questions Answered
- On these page we will list questions and answers that
may be of help to you. We have made them up so to speak from a conglomerate
of questions that we have been asked often over the years in our over 20
years of combined experience in family law.
-
- But don't be shy. Ring us or email us and ask
us your question. Be reassured that we will never use your particular
question on this page in any way. These questions are indicative only.
If you have a particular question, then email us at
law@journeyfamilylawyers.com.au
or phone and ask us on 07 32101333 or our Rockhampton office on 49237155.Call us if you have any other queries of if we can help on
07 32101333 or 0749237155. We can help any client no matter where you live as
long as you have telephone and internet access. There is no need to live in
Brisbane or Rockhampton to get the best Family Law Care you can. Many of our
happy clients have never been into our office at all.
Q I have heard about shared parenting? Does this mean that
I have the right to have the kids live with me half of the time?
A. The new shared parenting laws that came in in July 2006
do NOT mean that the child must live half time with each parent. However the
recent case of Goode and Goode sets out how the Court must approach shared
parenting. Go to the Children's page on the toolbar to the left and it is all
set out there, including a link to the entire judgement if you are feeling
brave, and the relevant section of th Act.
Q What do I do about Holidays? I just seem to get
over one lot and it is time for the kids to go again. It is wearing me out!
A. At this time of year Children are sharing holidays between their
parents. Remember to work together as best you can to minimize any stress the
kids may feel at changeover times. As the children pile into your car and begin
to excitedly tell you all of the things they did with the other parent, try not
to react negatively.
Remember that each parent has a different style of parenting, That is Ok.
Even if the other parent did something dumb and dangerous with the children, it
is not OK to fly off the handle at the kids. It is not their fault. Hold your
tongue if you can't be enthusiastic about what they did and take it up with the
other parent later when you have cooled down and where the kids can't hear.
Work on your reaction because that's the only thing you can
change.
I have never had to worry about Family Law issues before,
so I have no idea where to go for a comprehensive look at the way the system
works. I want to learn more before I go near the lawyers.
A: Good idea! I think the Family Court web site is the best place to start, It
even has a page for children! Go to the Family Court Web site. The link is on
our LInks page. www.familycourt.gov.au
Q: How can I keep my costs down in Family Court proceedings?
A: In our experience there are a number of ways that a client can keep their
costs down. The main thing is to remember that your matter will be time costed,
so the less time your lawyer has to spend the cheaper it is for you. At Brisbane
Family Lawyers, we offer a number of options for our clients that enable them to
keep their costs down. For instance, where a client has access to the internet,
we encourage them to complete the simpler Family Court and Federal Magistrate's
Court forms themselves. This saves them money as all we have to do is print the
form and file it. This means that they are only paying for our expertise where
it is needed, such as drafting more complicated documents and letters and
attending mediation or Court.
Q: My spouse and I have just separated. Where can I get general information? I
don't necessarily think it will end up in Court. I just want to know where I
stand.
A: In our experience there are a number of ways that a client can keep their
costs down. The main thing is to remember that your matter will be time costed,
so the less time your lawyer has to spend the cheaper it is for you. At Brisbane
Family Lawyers, we offer a number of options for our clients that enable them to
keep their costs down. For instance, where a client has access to the internet,
we encourage them to complete the simpler Family Court and Federal Magistrate's
Court forms themselves. This saves them money as all we have to do is print the
form and file it. This means that they are only paying for our expertise where
it is needed, such as drafting more complicated documents and letters and
attending mediation or Court. Another way is to keep calls short and to the
point, and have questions that you want to know the answer to, written out when
you visit or email your queries to us. Our philosophy is that we are partners
with our clients in negotiating.
Q: My 19 year old says I should pay maintenance. How can this be?
A: ADULT CHILD MAINTENANCE The Child Support Agency handles the collection of
maintenance for children up to the age of 18 years or until they finish Grade 12
whichever is the later. However, many people over the age of 18 continue onto
University and continue to be supported by their parents during their tertiary
education. The Family Court has power to order parents to contribute to the
support of children over the age of 18 years if they are continuing in
University Education. I often have enquiries from people about the
responsibilities of parents in this regard. First off, it is a difficult
question as to whether or not it is the child who has the right to claim
maintenance or the parent with whom the child lives. Both parents should
contribute to the child support but Family Court cases recently have developed
strongly along the lines that a child should also develop some self sufficiency.
The Court in a number of cases has made it clear that it is not reasonable
Q: What is a Binding Financial Agreement?
A: BINDING FINANCIAL AGREEMENTS Many of you will be aware that there has been
new Legislation introduced to enable parties to enter into Binding Financial
Agreements (previously known as “Pre-Nuptial Agreements”) that will continue to
remain in force after the parties are married. Prior to the amendments that came
around Christmas 2000, people were able to make Pre-Nuptial Agreements about
their property, but if they married, the Court could deal with the property at
it’s discretion anyway and not necessarily be bound by the Agreement. Under the
new rules, people can make a Binding Financial Agreement either before marriage,
during marriage, or after separation and these Agreements are then binding on
the Family Court. Of course for Agreements to be binding there are certain rules
that need to be followed and one is that each party needs to receive independent
legal advice as well as the fact that the agreements need to be drafted in
accordance with the Act. Call us for m
Q: How do others handle this?
A: CHRISTMAS HOLIDAY CONTACT Christmas Holidays are a time when many people have
concerns about arranging contact with their children and the main resident
parent. For the post part, I am happy to say, people are able to work out
commonsense ways to share both the holidays and the actual Christmas period.
Sometimes, however, people get into dispute over these issues. For people who
have Court Orders, and who have already survived one Christmas holiday period,
things will generally fall into place. For others, though, especially if it is
the first Christmas since separation and there are no Court Orders, it seems
difficult to know how to deal with everybody’s wishes. I am writing this column
for people in that situation. The “biggy” is how to share Christmas Day. Some
separated couples would rather avoid seeing each other on Christmas Day if at
all possible. For them, an arrangement that sees the children with one of the
parents on Christmas Eve and the other parent on
Q: I have a really grumpy Husband. Can we still have mediation ?
A: You would be amazed what mediation can do It is absolutely the way of the
future. Of course if there is domestic violence where one of you is at risk of
being bullied, or where there is an an imbalance of power. Otherwise, go with
your feelings and get your lawyers to set up mediation asap.
Q: How is Superannuation treated in Property law?
A: Since the 28th of December 2002, the Family Law Legislation Amendment
(Superannuation) Act 2001 produced a major change in Property Law. It now
provides that Superannuation is to be treated as property under the Family Law
Act. Yes, that now means that in it is included in the pool of assets, and
therefore can be split.
Q: Why is Superannuation considered property?
A: The reason Superannuation was recognised as a significant matrimonial asset
was because the monetary contribution to Super meant a loss of available money
during the marriage and therefore it did involve an indirect contribution by the
other spouse to the building up of the asset, even if it is an employer created
asset. Also, the primary purpose of Super is the provision of financial security
for both spouses.
Q: So what does this mean?
A: It means that separating couples are now allowed to value their
superannuation. The new Superannuation Splitting laws does not convert it into a
cash asset - it is still subject to the usual superannuation laws (for example,
you still can not get a hold of it until retirement ages are reached).
Q: How can i split my superannuation?
A: There are 3 options for splitting superannuation. You can either: 1. Enter
into a Formal Agreement, 2. Seek Consent Orders, or 3. Seek a Court Order (last
resort).
Q: What steps do i need to take to split my superannuation?
A: There are 2 main steps you need to go through. Firstly, you need to get
information to value the superannuation and this can be done by submitting 2
forms - (1) Form 6 Declaration and (2) Superannuation Information Request Form.
The second step involves deciding on the method to split the superannuation
(either 1 of the 3 methods dealt with in the previous question). We do encourage
that you enter into a formal agreement with your partner to avoid litigation.
Once again, its a lot cheaper and less stress involved. If you reach an
agreement with your former partner, then a Form 11 Application for Consent
Orders can be filed in the Family Court accompanied by the Consent Order
recording the agreement. Best of all, you do not have to attend Court.
