Family Lawyer Sunshine Coast

Sometimes we can spend a lot of time and emotional energy trying to negotiate with a former spouse or partner, and even though we think that this negotiating is a good idea and saving money, if you have tried this approach and you’re still “standing still” then you need to consider a Sunshine Coast Family Lawyer.

This is true in family law, parenting and property division matters. In parenting matters, it’s important to remember that separation on its own will have a long lasting impact on your children; failing to resolve conflict quickly could have more serious consequences for your children. In property division matters, if you know that there is no prospect of reconciliation, deal with your asset division quickly.

We often hear clients saying what their assets were worth at separation, however the courts will take into account the value of assets at the time of settlement, even if it’s 2 years later (this includes any increase in the value of your superannuation).

When you need your car fixed, or your house painted, chances are that you are going to try and find a good affordable mechanic or a reputable painter. This is because you know that what needs doing is outside your area of expertise. It doesn’t mean you can’t fix the car or paint the house, but you know that it’s not going to be a professional job and you might have issues with the work that you’ve done.

Hiring a solicitor / lawyer is the same. An experienced Sunshine Coast Family Lawyer has not just studied family law, they have been at the coalface of family law, representing clients for negotiations, mediations and in court hearings. They understand the complexities of the law and the way the Courts work. They know how the courts have dealt with matters that have similar facts to yours, and they know how to source the best external experts (such as valuers, therapists etc) who can best assist you.

Most importantly, they understand how important it is for you to find a resolution that works for you.

The best way to save on legal fees and cost is to consider a mediation rather than going to court. Mediations allow the parties to air their grievances in a “safe” environment (what happens at mediations remains confidential and it allows them an opportunity to canvas creative solutions to their problems.

One the important things that you should consider about mediation is that the parties are in control of the outcome. Once you are in family court and heading for a trial, you are going to have to accept a decision from a Judge who does not know you, your former spouse or partner, your children or your extended family.

For a mediation to be successful both parties must be willing to attend and willing to compromise. But it works!

The first thing you need to do is to try and negotiate this with the other parent. At least they will know what your intentions are, and you will know how they feel about it. If the other parent does not agree, and you simply take the children and leave the State, your partner can make an urgent application to the court and ask the court to make a “recovery order”.

In almost all cases, the court will make such an order, ordering you to return with the children. If you do not return with the children, the court has the power to order the Federal Police to locate the children and return them to the care of the other parent. A safer and more sensible option is to make an application to the court seeking an order to relocate interstate (or in some cases, overseas).

The court always has to be satisfied that it is in the best interests of the children and it will take into account varying factors when considering your application. Many of these applications are successful.

…just because I’ve moved out. What can I do? Unless there is a Court order to the contrary, there is a presumption that parents have equal shared parental responsibility for all major long term decisions about their children. This generally relates to where the children go to school, about major medical decisions, where the children live and religion.

If the other parent is making unilateral decisions about major parenting issues, then you should consider getting us to write to them, and entering into negotiations about future parenting decisions. Of course, this presumption of equal shared parental responsibility can be set aside by the court if there is concern that the children are at risk in the care of the other parent, or if there is an Intervention Order/Domestic Violence Order.

I have worked for the whole of our marriage and I have a large superannuation fund. My former wife/husband just stayed home and raised the children. Now she/he wants some of my superannuation…

Superannuation is an asset that was accumulated during the relationship, and it will be treated as an asset. However, it is dealt with differently and in particular this is because it is more of a financial resource – particularly if the parties are many years from retirement age.

One of the main differences between superannuation and other assets is that you cannot convert it to cash and divide it. In many cases, the total superannuation interests of both parties will be equalised – so if you have $180,000 in your superannuation fund and your former spouse/partner has $20,000, then you are both likely to end up with $100,000 each. This can only be done by a court order or a financial agreement and is called a “splitting order”.

Of course it is not compulsory to “split” superannuation and there are other ways to divide up the asset pool.

My parents gave us money towards our first home. Now that we are separated, my parents are saying that they want that money back when the house is sold. My ex won’t agree…

This question often arises. The answer is not a simple one and there are many questions that might follow; was the money characterised as a gift at the time? If so, your parents are unlikely to recover it. If it was characterised as a loan, then they may need to provide evidence (for example, a written loan agreement or a sworn affidavit with evidence of the payment).

The length of the marriage or relationship is also a consideration for this question – for example, if your marriage has been a long one, it is unlikely that such an initial contribution will be recoverable.

I am sure that I am paying too much child support, but I can’t get any help from the Child Support Agency…

Are you paying too much child support? Do you think you should be paid more child support? We offer a set fee review by a child support lawyer to determine whether you are eligible to make an application for a change of assessment or any other application which will improve your assessment.

We can assist you to navigate through your options to ensure that you are and will continue to achieve the best possible outcome. Our lawyer Tracy Bland has had considerable success in achieving both refunds in the case of overpayments and assessments, including penalty charges.