Suite 2, Level 2, Telstra Civic, 317 Hunter Street, Newcastle NSW 2300PO Box 660, Newcastle NSW 2300T 02 4952 3901 F 02 4952 1083 W www.robertslegal.com.au

Liability limited by a scheme approved under Professional Standards Legislation.Roberts Legal Pty Limited ABN 74 128 628 599.

NEWCASTLE | CENTRAL COAST | ADAMSTOWN

Roberts Legal Newcastle - Adamstown - Central Coast

1300 553 343 hello@robertslegal.com.au

www.robertslegal.com.au

Family Law: Statement of Preliminary Advice

GENERAL

Your SafetyIf there is any threat of immediate danger towards you and/or your children, please call 000 immediately to seek emergency assistance, to report the incident to Police and to discuss making arrangements for an immediate Apprehended Domestic Violence Order.

If you are experiencing domestic and family violence, you can contact:

• Domestic Violence Line (24 hours) 1800 65 64 63

• https://www.1800respect.org.au

Your PrivacyYou should now take the following steps to ensure your privacy and access are protected as much as possible:

1. Change your password for your email account(s) (or create a new email account for sensitive correspondence about your Family Law matter),

2. Change your password for online access to your bank account(s) and social media accounts, including Facebook, Twitter and Instagram, and consider blocking/limiting content available,

3. Ensure that any joint bank accounts, loans, credit sources, memberships, etc, require joint signatures/approval from both you and your ex-partner for any benefits to be accessed or changes to be made, and

4. Ensure that schools, childcare and/or extracurricular activity providers have been informed of your separation.

PARENTING

Parenting ArrangementsThe paramount consideration in determining which arrangements are most appropriate for your child or children is in the best interests of the child. Many parents are able to reach a workable co-parenting arrangement following their separation, either by negotiation themselves, with the help of solicitors, or through mediation, where an independent third party guides and assists the parties to reach a resolution.

If parents are able to reach an agreement, the agreement can:

1. Remain a non-binding verbal agreement,

2. Be documented in a non-binding agreement known as a ‘Parenting Plan’, or

3. Be documented and filed for the approval of the Court which, once approved by the Court, becomes binding consent orders, which the parties must abide by and are enforceable through the Courts.

Whether you have court orders in place currently, or are making week-to-week arrangements with the other parent, or there is no actual agreement in place, please contact us as a matter of urgency if the other parent:

1. Withholds or removes your child or children from your care without your consent,

2. Stops following an existing arrangement that you have reached,

3. Shows any indication that they may be intending to relocate (with or without your child or children) out of the local area, and/or

4. Is contributing to any risk of harm or actual harm to your child or children.

Child SupportAfter separation, a parent/carer may be entitled to the payment of child support from the other parent for the costs of raising the child or children. The Child Support Agency is responsible for the assessment and collection of child support in Australia.

After receiving an application from a parent/carer, the Child Support Agency makes an assessment of the child support payable using a formula which takes into consideration factors including the circumstances of the parties and the arrangements for the child or children.

Please see https://www.humanservices.gov.au/individuals/subjects/parents-guide-child-support for the Child Support Agency publication, ‘Parent’s Guide to Child Support’.

Suite 2, Level 2, Telstra Civic, 317 Hunter Street, Newcastle NSW 2300PO Box 660, Newcastle NSW 2300T 02 4952 3901 F 02 4952 1083 W www.robertslegal.com.au

Liability limited by a scheme approved under Professional Standards Legislation.Roberts Legal Pty Limited ABN 74 128 628 599.

NEWCASTLE | CENTRAL COAST | ADAMSTOWN

Roberts Legal Newcastle - Adamstown - Central Coast

1300 553 343 hello@robertslegal.com.au

www.robertslegal.com.au

Family Law: Statement of Preliminary Advice

FINANCIAL ISSUES

Time LimitsWhere the parties are/were married, the deadline for making an application to the court for a property division (and/or spousal maintenance claim) is 12 months after a Divorce Order takes effect, except by leave of the court or consent of the parties. For this reason, all property issues should be resolved and finalised prior to filing an Application for Divorce.

Where the parties were in a de facto relationship, the deadline for making an application to the court for a property division (and/or spousal maintenance claim) is two (2) years after the date of separation, except by leave of the court.

Parties’ Duty of DisclosureParties have a duty to the court and to each other to make full and continuing disclosure of their financial circumstances that are relevant to an issue in dispute. If you and your ex-partner reach an agreement, or the Court makes orders, where full financial disclosure has not been made, there is a high risk of such agreement or orders being set aside by the Court.

Therefore, please keep us updated of any change in your income, your access to funds, the sale or purchase of assets, any additional debts you incur, or any other changes to your financial circumstances so that we may advise you in relation to your duty of disclosure. In addition, please provide us with your instructions should you have reason to believe that your ex-partner’s financial circumstances have changed so that we make seek financial disclosure in this respect.

Spousal MaintenanceIf you do not have sufficient income and/or assets to adequately support yourself following separation, and your ex-partner has the capacity to support you, you may be entitled to the payment of spousal maintenance from your ex-partner. Spousal maintenance is different from child support, particularly as spousal maintenance is for you, not your children.

Spousal maintenance may be paid on an urgent basis, or only for the period between separation and property settlement, or on an ongoing basis; it depends on the circumstances. There are a number of criteria that are taken into consideration when assessing whether a party is entitled to the payment of spousal maintenance. Please provide us with your instructions if you are having difficulty meeting your living expenses so that we may discuss this issue further with you.

Partial Property Settlement / Payment for Legal CostsIf you do not have ready access to funds for the purpose of your Family Law matter (including valuation and other expenses related to your legal claim), it may be necessary to negotiate with your ex-partner an advance of equal funds to each party from bank accounts or realisable assets. This arrangement is considered a partial property settlement between parties and should be documented in Consent Orders and filed in court.

Please provide us with your instructions should you require us to negotiate a partial property settlement on your behalf in order to ensure you have ready access to funds to run your Family Law matter.

Interim Injunctions to Preserve PropertyIf you have any reason to fear that your ex-partner may:

1. Remove matrimonial property from Australia, and/or

2. Sell, transfer or otherwise deal with matrimonial property,

without your consent and before your Family Law matter has been resolved, a Court order (called an Injunction) should be sought on your behalf to prevent such dealings with the matrimonial property. Please provide us with your immediate instructions should you have any such concerns regarding the matrimonial property.

Your Estate Planning DocumentsYou should now take the following steps to amend your Estate Planning documents to exclude your ex-partner from receiving any property in the event of your death (unless you still wish for them to receive an entitlement in the event of your death). The following steps should be taken (where applicable) without delay:

1. Amend/Revoke your Will, Power of Attorney and Appointment of Enduring Guardian,

2. Amend any Superannuation Binding Death Benefit Nomination and/or Life Insurance beneficiary nomination in favour of your ex-partner,

3. Sever any joint tenancies held by you and your ex-partner in respect of real estate, including the matrimonial home.

Please provide us with your immediate instructions should you require our assistance with the amendment of your Estate Planning documents.