Tag Archive for: legal advice

When people think of addressing a property settlement in light of their separation, they often think of addressing items such as the family home, cars, bank accounts and the like. However, a less commonly considered asset that can be divided as part of a family law matter are frequent flyer points.

To the surprise of many, notwithstanding the fact that frequent flyer points do not necessarily hold a dollar-for-dollar value, they can still be considered to be an asset available for distribution following a separation.

At the outset, it is firstly important to research whether your specific frequent flyer airline allows flyers the ability to transfer points to another person. Airlines will generally stipulate in their terms and conditions whether points are able to be transferred across from one account to another, and whether there is any cap as to the number of points that can be transferred.

One reason that it can be a more difficult task to address frequent flyer points within a property settlement, is due to the fact that valuing the points for the purposes of a balance sheet can be quite difficult. It is not often that frequent flyer points have a set dollar-per-point conversion value and as such, parties are often left with the difficult task of trying to prove or evidence what they assert the estimated cash value of their frequent flyer points are.

If the parties or one party only holds a nominal amount of frequent flyer points, it might not be beneficial to include such points in the pool of assets available for division. However, if a significant number of frequent flyer points are held, it certainly may be worth trying to ascertain what their monetary value might be.

Once it is ascertained what the frequent flyer points may be worth for the purposes of the balance sheet, parties are able to negotiate their property settlement bearing in mind that such points form part of the asset pool and it may be appropriate for a portion, if not all of the frequent flyer points be transferred to the other party. Otherwise, in the event that one party seeks to retain the entirety of the frequent flyer points that they may have held in their sole name prior to separation, an adjustment may need to be made with respect to the division of the remainder of the pool of assets to the other party, to account for that person retaining all of the frequent flyer points.

Should you require any assistance in your family law matter, please do not hesitate to contact us on (02) 9523 5535. 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.

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.

 

 

Conditional Gifts Part 3 – The Ultimate Gift discusses what a condition precedent is and the importance of considering the conditions…

When a person receives a gift under a Will, but they are only entitled to receive it under particular circumstances, this is called a conditional gift. This blog takes a look at the conditional gifts in relation to the Hollywood movie The Batchelor.

When a person receives a gift under a Will, but they are only entitled to receive it under particular circumstances, this is called a conditional gift. This is Part 1 of a 3-part mini-series on conditional gifts in wills and what we can learn from the 1985 film Brewsters Millions.

Do you have issues with trees on a neighbouring property? Are your neighbour’s trees causing damage to your property or impacting your views? Trees on private property in NSW are governed by the Trees (Disputes Between Neighbours) Act 2006 (the “Act”). Read our latest blog to find out more

What happens when co-owners end up in a dispute over property?

Whether it be siblings, friends or a domestic or matrimonial relationship breakdown if an agreement does not exist and the parties cannot come to a commercial arrangement for the sale of the property, one co-owner can apply to the Court under section 66G of the Conveyancing Act 1919 (NSW) (the “Act”).

Blended families can create challenges from an estate planning perspective particularly where a person wants to provide for their partner and also for their own children.

Here in NSW, when deciding who is going to take care of your children in the event of your death, what you’re deciding is who you are going to appoint as the Guardian(s) of your minor children.