It’s possibly one of the most difficult aspects of a separation: co-parenting with your not-so-significant other. As a divorced mother of four-year-old twins, I am no stranger to co-parenting (or attempts at it). Here are some tips collated from my own experience as well as from my family law clients who are navigating the same:

1. Remember: it’s not about you

Often so much has happened between you and your ex-partner at the point of separation, and afterwards, that it is difficult to imagine your children having a positive relationship with that person. Their actions may be unforgiveable for you. But unless there are significant issues of risk and a threat to your child’s safety, very often co-parenting is about putting your issues with the other parent aside and remembering: Parenting is not about you; it is about your children. You are both their parents, and they love you both, and want to be loved and cared for by each of you.

Try to compartmentalise what has happened between you and your ex-partner, and any negative feelings you may have towards them. Instead, focus on the primary aim of co-parenting, namely, to enable your children to have a positive and blossoming relationship with both of their parents, whom they love very much. Children are often at the centre of their parent’s wrath and research shows that exposing children to conflict can have negative effects on their mental health and development.

2. Learn the art of compromise

All separated parents experience this: “sorry, I can’t do this weekend because of X,Y,Z, can I change my weekend with the kids to next weekend?” Cue red-faced me, having already planned my child-free weekend, now having to change all my plans and swallowing a response like “no, too bad”.

Remember, compromise can be your friend. In a months’ time when YOU are the one who has that event or appointment and you need to swap days or you want to spend a specific day with the children that happens to be on the other parent’s time, you will need the other parent on your side.

3. Have clear and consistent arrangements in place where possible

This is where we come in. Children thrive on clear and consistent parenting arrangements; they know what’s happening when, and Mum and Dad aren’t fighting at the school gate about who is going to take them home. There’s often a period where that’s not possible; perhaps you’ve just separated and you are trialling what works between you. That’s ok so long as when you find what works, you draft a clear and thorough arrangement that you both understand. This can be in the form of a parenting plan, or parenting Orders sealed by the Court. The key is to be detailed: detail what will happen with changeovers, how will your arrangements re-start after school holidays, have some fall-back arrangements if you are unable to agree. It is always better to be proactive than reactive.

When you both have a written document to work off, you don’t need as much back and forth between you, and it can reduce snarky arguments about who has the children when or what time pick up is.

4. Try to be open and transparent in your communication

This is really important. If you don’t communicate when school events occur, what day is sports day, when a child has a fever or didn’t go to school today because they had a stomach bug, co-parenting quite simply will not work. The best way to communicate is freely and without conflict, but that is not always possible. Many of our clients are assisted by a parenting App such as Our Family Wizard. This has a communication function and a calendar function where you can input your respective times with the children and any other significant dates. Communicating openly and transparently enables a smoother co-parenting arrangement and can reduce conflict.

5. Don’t micromanage: try to Let It Go

This one is HARD. My ex has a habit of giving the children lollies in the morning. It gets me every time. But in the grand scheme of things, a red frog is not going to de-rail their health or development, so unless there are real issues of risk I often need to tell myself to Let. It. Go.  (yes, I just referenced Frozen: four year old kids, remember).

If you allow yourself to get hung up on what the children are eating or doing with the other parent, or the other parent being 15 minutes late bringing the children home, you risk creating a breeding ground of mistrust and an unhealthy power dynamic, neither being good for an amicable co-parenting relationship. You and your ex may have different parenting styles; you also will be now leading different lives. You may well not agree on whether lollies can be given in the a.m. Equally, they may not agree on you allowing the children to eat on the lounge (guilty). But these are not issues of risk. Arguing over them can throw compromise out the window (see Tip 2), but more importantly, this can create conflict that the children will often pick up on.

Finally, go easy on yourself!

Separation is a traumatic experience, made all the more difficult when children are involved. Co-parenting is far from easy no matter how amicable the situation. Go easy on yourself. Seek help when you need it. It is hard, but trust me, it does get better.

If you need legal advice on parenting, property or divorce matters upon separation, please do not hesitate to contact us on 95 235 535. We are more than happy to help, and our extensive experience in family law matters enables us to provide a high quality service designed for your needs.

This article was written by our Family Law Solicitor, Dr Laura Tilt.

Choosing a Family Lawyer is a crucial decision, here are 5 things to consider:

1. Expertise

Ensure your lawyer specialises in Family Law. They should be familiar with the complexities and nuances of this field. Seeking the assistance of an accredited specialist in the field will ensure that you have someone with specialised knowledge.

2. Communication

The lawyer should be able to explain legal jargon in plain English and keep you updated on your case. The law is complex and a good lawyer will explain it in a way that you are not overwhelmed or lost in the process

3. Comfort

You should feel at ease discussing personal matters with your lawyer. Trust and comfort are key. It is not uncommon for us to meet clients who “just did not feel right” with their initial lawyer or who felt misunderstood. It is important to find the right fit when that person will be advocating for you.

4. Cost

Understanding the fees and ensuring there is transparency around them is really important in making any decision about who your lawyer will be.

5. Reputation

Check their track records and reviews. A good reputation in the legal community is a positive sign. It will also give you some comfort that others have been assisted by this individual.

We have a team of 7 lawyers at Southern Waters Legal who all practice solely in Family Law, 2 of those lawyers are senior accredited specialists in this area. Please do not hesitate to contact us should you require any assistance in relation to your family law matter, including an initial free 15 minute consultation.

Call us on 02 9523 5535 to have a confidential discussion, or email us at info@southernwaters.com.au to organise a call back at a time that is suitable for you.

 

 

When some couples separate and enter into a final property settlement, they may have to consider any potential Capital Gains Tax (CGT) implications. It is really important to ensure that when negotiating and formalising a property settlement with your former partner you are aware of any potential CGT issues and obtain the relevant advice in relation to these issues.

What is CGT?

CGT is a federal tax that is payable on the profit of the “capital gain” that a person makes on an asset, generally by virtue of the increase in the value of the asset during the time in which it was held. For example, common instances in family law where CGT may be triggered are in relation to the sale of an investment property, the sale of shares and the sale of cryptocurrency.

If a couple purchases a property early on in their relationship which is ultimately utilised as an investment property and later, the couple agrees as part of their final property settlement to sell the investment property, if there has been an increase in the value of the property since it was purchased, this would trigger a CGT liability. Alternatively, if a couple agrees as part of their final property settlement for one of the parties to retain an investment property, they may be eligible for a CGT rollover.

CGT Rollover

As indicated above, a common scenario dealt with in family law is a situation in which a couple agrees for one party to retain an asset, such as an investment property or shares. If an asset is transferred from one party to the other in accordance with Orders sealed by the Court or a Binding Financial Agreement, such transfer will usually qualify for a CGT rollover.

In short, this means that a CGT liability is not triggered at this time upon the transfer of the asset, however, if and when the person who is retaining the asset ultimately sells the asset at some point in the future, only then will the CGT liability be triggered. In this situation, CGT will be calculated as though the person who had retained the asset owned it from the time that it was originally acquired.

Importantly, this CGT rollover will not occur in the absence of sealed Court Orders or a Binding Financial Agreement and as such, if an agreement has been reached for one party to retain an asset such as this, the agreement must be documented in the appropriate way to be eligible for the CGT rollover.

Former Matrimonial Home

There are some assets that are exempt from CGT regardless of whether it is sold or transferred as part of a final property settlement. One example of this is the former matrimonial home in which a couple lived. However, the exception to this exemption is if there was a period of time in which the former matrimonial home was not utilised as the main residence of the parties, such as if the property was rented out as an investment property for a period of time. In this circumstance, the CGT liability will apply only to the period of time in which the property was not utilised as the primary place of residence.

If you require assistance with your family law matter, please do not hesitate to contact a member of our Family Law Team.

One very important consideration in a family law matter in which a couple has children is what child support arrangements are going to be put in place in relation to the costs of the children moving forward. There are 3 main ways to document a child support agreement, set out as follows:

  1. an ad hoc arrangement agreed between the parties;
  2. a Child Support Assessment issued by the Child Support Agency; and/or
  3. a Binding Child Support Agreement.
Ad hoc agreement

Some parties are able to reach an agreement in relation to child support amongst themselves, which may involve one party paying the other party a set amount per week. Often, an ad hoc agreement is a verbal agreement between the parties and not formally documented in any way.

Whilst ad hoc arrangements are often suitable for very amicable couples, the risk associated with an ad hoc agreement is that there is nothing binding the paying party to continue paying child support in accordance with the agreement moving forward. In the event that the paying party were to cease making payments in accordance with the ad hoc agreement, the receiving party would have no recourse to compel the paying party to continue paying in accordance with the agreement. It is for this reason that ad hoc agreements in relation to child support are not recommended.

Child Support Assessment

A Child Support Assessment is issued by the Child Support Agency and is determined using a specific formula that addresses a number of variables. These variables include the number of children and each of their ages, the annual income of each party and the number of nights the children are in each party’s care.

If one party applies for a Child Support Assessment from the Child Support Agency, the Agency will issue an assessment which the paying party will be liable to comply with. Child Support Assessments vary if any of the above-mentioned variables change. For example, as the children grow older and specifically, once children turn the age of 13, the Child Support Agency will likely increase the assessment in circumstances where the cost of children increases as they grow older. Alternatively, in the event that either party’s income changes or the care arrangements for the children change, the Child Support Assessment will alter to reflect these new arrangements.

The benefit of a Child Support Assessment is that they are a legal obligation and the Child Support Agency will chase the payer in the event that they cease making payments in accordance with the assessment. However, in circumstances where child support assessments are dependent upon the above-mentioned variables, a Child Support Assessment amount can change quite regularly in the event that there are changes in care arrangements or income.

Binding Child Support Agreement

The final way that parties may agree to document a child support agreement is by way of a Binding Child Support Agreement. Binding Child Support Agreements set out both periodic amounts (ie weekly, fortnightly, monthly etc.) as well as non-periodic expenses that arise sporadically throughout the year (such as school fees and expenses, private health cover, extra-curricular costs, gap medical costs etc). Similar to an Assessment, Binding Child Support Agreements impose a legal obligation upon the parties to pay child support in accordance with the Agreement.

Unlike Child Support Assessments, Binding Child Support Agreements once entered into are binding and not variable. As such, obligations in accordance with Binding Child Support Agreements do not alter in the event of change in circumstances such as reduction or increase of income, change of care arrangements etc (unless a clause is included to specifically provide for such change in the agreement). The parties can expect to be bound by a Binding Child Support Agreement until the children reach the age of 18 years or finish their high school education (whichever is later), unless agreement is reached to alter the Binding Child Support Agreement prior.

If you require assistance with your family law matter, please not hesitate to contact a member of our Family Law Team.

We understand that your first meeting with a family lawyer can seem very daunting, especially during a challenging and emotional time. However, taking that first step to schedule this meeting will ensure you are able to obtain clear and tailored advice as to your rights, obligations and the various pathways available to you in order to reach a fair outcome.

With increasing financial burdens on the cost of living, it is not uncommon for individuals to seek financial assistance from relatives. Many individuals may turn to the ‘Bank of Mum and Dad’ for money to assist in the purchase of a property, vehicle, or other asset. Read more about what you need to consider in this scenario.

In this video, Laura addresses “What happens if an Apprehended Domestic Violence Order or Apprehended Violence Order has been made against you and you have been approached for a breach of the AVO or ADVO, what are your options?”

One of the questions we get asked in Family Law is about the way in which domestic violence impacts family law matters, in particular property settlements. This question gets asked from both ends of the spectrum, so from clients who are a victim of domestic violence and on the other hand clients who have been accused of domestic violence. In this video, Laura addresses the impact from both sides and what the court will consider when looking at a property settlement.

Court filing fees can be an expensive addition to an already costly time. The good news is that some people are eligible for a reduction of these fees or an exemption altogether. Read more in our article…

Court filing fees can be an expensive addition to an already costly time. The good news is that some people are eligible for a reduction of these fees or an exemption altogether. Read more in our article…