However, our love for travel can become more challenging for children whose parents have separated or divorced.

This is especially the case when a child does not hold a current passport.

Before a passport can be issued, the law requires the written consent of every person who has parental responsibility for a child. This means that if your children do not have passports, you will need your former partners written consent in order for them to obtain one. Most parents are happy to do this, provided they are given appropriate notice and sufficient details of your travel plans. If this is the case, then there is no problem.

However, you will run into a problem if your former partner refuses to give their written consent to your children obtaining a passport.

In this situation, you will have to make an application to the Federal Circuit Court for an order requiring the other party to sign the passport applications. Alternatively, you could ask the Court to make an order that the other party’s signature is not required for a passport to be issued.

If your application is successful, your children will be able to obtain their passports. However, beware, the process of making an application can take months, from start to finish. This is not a quick process, so do not leave it to the last minute before your trip to make an application. If you do, you run the risk of having to reschedule your trip or missing out on your trip altogether – a costly mistake.

How to avoid this problem

If you are someone who loves to travel, and you are in the process of negotiating a parenting plan or agreement, make sure you include provisions that would enable you to travel overseas with your children.

Take-home Message

If you are planning an overseas trip with your children, you should ask your former partner to give their written consent to the children travelling with you before making any plans and paying for your trip.

This way, if their consent is not forthcoming, you will avoid the added cost of having to change your plans, and the possibility of missing out on your trip altogether while you try to negotiate with your former partner.

The post Passport Challenges for Kids Whose Parents Have Separated or Divorced appeared first on King Cain Solicitors.

Not possible? Think again.

The Collins Dictionary defines a ‘false economy’ as ‘an attempt to save money which actually leads to greater expense’.

Family Law proceedings can be a costly exercise. Many people think that they can cut costs, and save themselves some money, by representing themselves or delaying hiring a lawyer. We see it all the time. But this is a mistake. Research has shown that a person’s legal costs are likely to be higher when they delay or avoid hiring a lawyer. While it may seem counter intuitive, seeking out legal advice early on in your case is likely to save you money and increase your chances of getting a favourable outcome.

Research commissioned by the Law Society of England and Wales has found a clear link between early advice and the early resolution of cases. It has found that a person who receives legal advice in first three months of their case is more likely to resolve their case within the same period. There are several reasons that may explain why this link exists.

First, a person who receives legal advice has a stronger understanding of their rights and is therefore able to better advocate for themselves.

Second, a person who has a legal representative will be a more effective negotiator. This is because family lawyers are highly skilled in handling these kinds of cases and can negotiate more effectively than their clients can. Even where clients are skilled negotiators in their own right their ability to negotiate effectively is often clouded by their emotional investment in their matter.

Third, early legal advice can stop minor problems escalating into large problems, which require costly and complicated solutions.

What this research shows is that it is possible to keep legal costs down without forsaking high quality legal advice and representation. The key to reducing your legal costs is to seek legal advice early in your case.

While getting legal advice early is one strategy you can use to reduce your legal costs, there are other steps you can take to save money. Below is a list of strategies you can use to limit unnecessary legal fees:

1. Make a list of questions you want answered before you attend your appointments. Avoid calling your lawyer later with questions that you forgot to ask during your appointment by writing them down beforehand. Many people find it helpful to keep a notebook handy, so they can write down any questions or thoughts they have about their case whenever they pop into their head.
2. Let your lawyer do their job. While you may think you are saving money by preparing legal paperwork yourself, the costs will soon blow out when you make a mistake that your lawyer must fix.
3. Be prepared to negotiate. If it is at all possible, you should try to reach an agreement with your ex-partner. This does not mean you have to give up your case. Rather, it means knowing when to compromise and when not to compromise (a lawyer can help you with this). In most cases, both parties will have to make concessions, so you are not alone in this. Remember: Legal fees increase the longer a case drags on, so resolving it early will cut down those fees.
4. Make full disclosure of all your financial interests. Failing to disclose an interest may result in an adverse decision being made against you. Hiding your interests is never a good idea; There is always a good chance you will get caught out.
5. Respond to your lawyers’ requests as soon as possible. The less time your lawyer spends chasing you for information, the less you will pay in legal fees.

If you haven’t sought legal advice on your family law matter yet and would like to speak with an experienced family law expert please contact our office, either online or toll free 1300 449 500, and we’ll arrange a time for you to speak with one of our experts.

The post The False Economy In Family Law appeared first on King Cain Solicitors.

There is no rule or presumption that you have to divide your property equally following separation.

In fact the final division of your property depends on many different factors including, but not limited to:

• The length of your relationship;
• Your financial contributions;
• Your non-financial contributions, and
• Your current and future needs.

One of the biggest challenges is accurately quantifying both the financial and non-financial contributions each party makes to the relationship. What items should be included? What items should be excluded? For those items included how do we quantify value? And what guidance does the law provide?

Typically financial contributions are easier to identify and quantify. What financial assets did you each bring to the relationship? Financial contributions include things like savings, motor vehicles, investments, property including loans or mortgages. furniture, superannuation and cash. What financial assets did you contribute throughout the relationship? This might include things like wages or business earnings, an inheritance, gifts from parents or others, or even an unexpected windfall such as winning the lottery.

Determining the value of a non-financial contributions can be a little more challenging. Did one partner stay at home whilst raising a family to enable the other partner to work or run their business? Did one partner provide care to the other partner, and forfeit paid work in doing so? Did one partner provide services for free to the other partner (i.e. doing the books for their partners business). All of these things potentially have a value in determining each partners contribution to the relationship.

In addition to assessing the financial and non-financial contributions of each partner in the relationship there is at least one other major factor which comes into play. What are your current and future needs? Things which would need to be considered include factors like your age, health, whether you are providing care for children under the age of 18 years, the children’s health, your employability, years to retirement, whether you’re on a pension or a benefit and the list goes on.

Even then we’re really only scratching the surface of what things might become a factor in arriving at the final division of property for each party. So the odds of a simple 50/50 property division are less likely than you might think.

Even though this might seem confusing and somewhat overwhelming just know that the team of family law experts at King Cain can remove the confusion and overwhelm and have you focused on mapping out your future. To find out how you can receive the property division you’re entitled to contact the team on 1300 449 500 to make an appointment to speak with an expert, or click here to fill out a form and we’ll contact you.

The post Will Our Property Be Split 50/50 After We Separate? appeared first on King Cain Solicitors.

Often, parent carers and non-parent carers experience unnecessary stress as a child approaches the age of 18 because of the thought that their financial situation is about to change. For many, child support payments are the difference between making ends meet or not.

Child Support

The good news is that you can apply to receive continued financial support extend existing child support payments:

• By extending an existing child support agreement;
• To the end of the school year, where the child is in full time secondary education when they turn 18, or
• By applying to have a relevant dependent child included in your assessment after they turn 18, if they are in full time secondary education.

The catch is that you must apply for an extension while the child is aged 17. There are only limited circumstances where an application can be made after the child turns 18 and if you do not extend your child support, your Family Tax Benefit options may be limited.

But it doesn’t stop there.

Beyond Child Support

Another option for securing financial support beyond 18 is by applying for a Child Maintenance Order, which is an Order of the court.

The Family Law Act allows the court to make a Child Maintenance Order concerning a child who is 18 so that they may complete their education or because they have a physical or mental disability. Also, an Order may be made for a child who is 17 to take effect when they turn 18, and extend beyond the age of 18 if specifically stated to do so.

Child Maintenance Orders are not restricted to just paying tuition fees and may extend to such things as purchasing a motor vehicle, paying for residential accommodation and associated expenses, tuition costs and the associated expenses of tertiary or similar education.

Not only that, an Order may be retrospective. The court may look backwards and review whether adequate support has been paid, sometimes over a period of years.

Information Is Important

Financial support for children 18 years and over is not restricted to a moral agreement between their parents. There might also need to be a real, binding legal solution.

If any of this sounds like it might apply in your situation and you believe your child may be eligible for continued financial support beyond their 18^th birthday, then give us a call on 1300 449 500 and talk with one of our family law experts, no cost and no obligation. Very quickly they’ll be able to determine whether this is an option available to you and help you determine your next step.

The post MYTH – Financial Assistance For Children Stops At 18 – BUSTED appeared first on King Cain Solicitors.

Well at long last there is a way, a better way, to do exactly that.

Believe it or not, the State and Federal Governments do sometimes understand your frustrations and have been working together with the Land Registry and the banks to develop a streamlined and transparent system for property transactions to be dealt with electronically.

The good news is that this system is now readily available to you in the form of a platform called Property Exchange Australia (PEXA) if you are represented by a Solicitor or Licensed Conveyancer (your representative).

PEXA allows you to buy and sell your home electronically, meaning you can get into or out of your home quicker and with less hassle.

Buying and selling your home electronically has many advantages including:

• More certainty that there will not be any lengthy delays because documents are verified prior to settlement.
• You are registered as the new owner within 30 minutes instead of the usual 6 weeks.
• When you are selling your home you receive your money electronically the same day as cleared funds instead of having to wait for a bank cheque to clear.
• You do not need to pay extra money for bank cheques.
• Less chance of things going wrong – automatically delays one hour if there are any issues.
• Settlement can take place as early as 9:30am to assist with moving if required.

Not too bad when you think about it. Quicker, cheaper, less stressful and easier than the old way.

But, you will need to authorise your legal representative to buy or sell your house via PEXA before you can reap the benefits of PEXA and you’ll need to verify your identity with your representative, just like you would with a bank.

If that sounds like the ticket for you then give us a buzz on 1300 449 500, talk with one of our conveyancing specialists, and we’ll get the ball rolling and have you either in, or out, of your home quick smart.

The post Buying And Selling Your Home – The Fast Way appeared first on King Cain Solicitors.

Don’t think this could ever happen to you? Think again.

Relationship breakdowns are traumatic and the stress often leads to people making irrational, sometimes spontaneous, decisions based on nothing more than emotion. It is precisely in situations like this where there are countless examples of a parent leaving the country with their children without the knowledge, let alone consent, of the other parent. The only ‘crime’ of the remaining parent was that they weren’t in possession of the children’s passports

If you don’t have possession of your kids passports the other parent can travel overseas without you knowing until it is too late. Where there are no parenting orders allocating parental responsibility you will experience great difficulty in getting your kids back in a timely manner, not to mention in situations where the destination country is a non-signatory to the Hague Convention. Whilst there are sometimes remedies for international parental child abduction it could be so easily prevented.

It may just be that your ex-partner is withholding the passport and refuses to allow you to take the kids on a holiday. This is a frequent occurrence in family law disputes. On further request for the passport you may get a response such as “I don’t know where it is”! Or “oh dear, Jane won’t be going on holidays”. We’ve even seen situations where the ex-partner has used it as a bargaining tool. Without legal help, the result could be you are bullied into an extremely undesirable position.

Of course there are legal processes in dealing with such behaviour, for example you can have your children placed on the airport watch list, meaning they cannot leave the country

If you find yourself in a situation like this it is critical you act quickly. Of course, we can talk you through your options and help map out a course of action. If this is you let’s have 15 minutes on the phone together, no cost or obligation to you, to map out the next step. Call us on 1300 449 500.

The post My Ex Has The Kid’s Passports. What’s The Risk? appeared first on King Cain Solicitors.

Separation is tough. It’s tough emotionally, it’s tough financially and it’s almost always tough logistically. And in the midst of your world being turned upside down you’re constantly called upon to make life altering decisions. Where you live post separation is potentially one of those.

If you have children then, in any decision you make during this time, the kids must remain a top priority. If the kids are going to live with you, at least for the foreseeable future then staying in the family home will most likely be preferable, unless that is not possible in your particular circumstance.

That said, there are no set rules on who can stay in the family home and both partners have the right to remain. But what are your options?

You both remain in the home

As neither of you have the right to make the other leave it might be that you both decide to stay.

Whilst this option isn’t for everyone some do choose to live as a separated couple in the same house. Though it should be noted that where this occurs the Family Court of Australia will need to support any application for divorce with an affidavit. http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-and-publications/publications/separation/separated-but-living-under-one-roof

If your circumstances permit there are some benefits of this type of arrangement. For example, neither you nor your ex-partner have to bear the cost of setting up another dwelling, nor have double living expenses or even the additional time and cost associated with visiting the kids. This arrangement might also benefit the children with a slower transition to full separation.

In our experience this type of arrangement will only apply to a small number of couples. If this is not the case an alternative below should seriously be considered. Living in an environment with conflict is not good for anyone at this time.

You stay with the kids and your ex-partner goes

If the children are going to live with you, staying in the family home will minimise the impact on the kids and may be your best option. There are many benefits to staying:

• There is no change for the children. Their home environment remains familiar
• You don’t have set up costs elsewhere
• You don’t have to change your address, many places would need to be notified of this change, including but not limited to the address on your license, insurance, registration, Medicare, government departments, super funds, gas, electricity, phone, internet, and schools.
• You will have access to your documentation for future property negotiations (if required)
• If you have pets they can stay
• It is easier to stay then try and get back in later

Your ex-partner stays and you go with the kids

If you leave with the kids carefully consider all of the items mentioned above. Importantly, be prepared for a circumstance where a change in residential address impacts where your children go to school.

Ensure before leaving the house you take critical and important documentation such as passports, bank statements, title documents, birth certificates etc. This will be important later.

Also, take every opportunity to remove items of sentimental value. As distasteful as it might seem these types of possessions are often used as leverage in negotiations and their retrieval can become a costly exercise.

You both go

It may be the case that neither of you can afford to stay nor wish to stay. Maybe you both want a fresh start or maybe you simply can’t afford it.

If this is the case you will need to list the property for sale, and in the case of a rental property, give the required notice to the real estate agent and seek alternative accommodation.

Regardless, where children are involved, you will need to reach agreement with each other about where they will live and what the visitation arrangements will be.

Working your way through this is a highly disruptive exercise and can feel somewhat overwhelming at times. If you need help to make sure you’ve got all of your ducks in a row do not hesitate to talk with one of our family law experts on (02) 6333 4400.

It’s better to be on the front foot.

The post Why Where You Live After Separation Is Important appeared first on King Cain Solicitors.

But housing affordability is a real issue that has real implications for every Australian, especially first home buyers. And housing doesn’t look like it’s about to get cheaper anytime soon. For many that will mean they will never own their own home and will spend their life paying off someone else’s mortgage. That’s the bad news.

The good news is that if you’re a first home buyer assistance is available to help get you into your own home for less money.

The New South Wales State Government understands the difficulties faced by first home buyers trying to get into the market and has targeted assistance to help make it a little easier for you. Over the years they’ve offered a range of assistance for first home buyers and it’s still available. That assistance is provided under the ‘First Home New Home Scheme’ (FHNHS) through the Office of State Revenue (OSR).

The First Home New Home Scheme provides eligible purchasers with exemptions from transfer duty on new homes valued up to $550,000 and concessions for new homes valued between $550,000 and $650,000.

Also, eligible purchasers buying a vacant block of residential land to build their homes will pay no duty on vacant land valued up to $350,000, and will receive concessions for vacant land valued between $350,000 and $450,000.

What that means is this. On a new home purchase of $550,000 you could save up to $20,240 in duty on a home purchased in May 2017. On vacant land with a purchase price of $350,000 that could save you up to $11,240 in duty at the same date.

Not too shabby. It’s definitely worth your time, and your wallet, investigating.

Of course there are some eligibility requirements, but as long as you meet the criteria there are some real savings to be made as you move towards owning your own piece of Australia’s dream.

The best news of all is when you come to us to help you with the conveyancing of your new home/vacant land purchase we’ll check you’re eligibility and take care of the application process for you.

So give us a call on (02) 6333 4400 and talk with one of our expert solicitors to get you started.

The post Making Your First Home More Affordable appeared first on King Cain Solicitors.

What if your parents or those of your spouse or even a former de facto partner had a say in how your children are being brought up. Is that even possible?

In normal family law matters the question as to who can apply for an order in relation to your children may seem straightforward and it usually it is, but there can be surprises.

A parenting order (in summary) deals with:

• Where children are to live,
• What time they spend with any other person
• The communication children are to have with any other person e.g. telephone mail email etc.
• The allocation of responsibility that enables that person to make parenting decisions such as where a child goes to school, what medical treatment they may have etc.

There are four categories of people who can apply. These are:

1. The parents.
2. The grandparents.
3. The children.
4. And anyone else who has a concern with the child’s care welfare and development (Whatever this means).

It’s usually with this last category where the trouble starts.

People who can fall into this category often include disaffected extended family members such as uncles and aunts, cousins etc, but also a person a child has lived with over a period of time for example same-sex couples where the child was not conceived during that relationship.

Since March 2009 the definition of children was extended so that now both parties to a marriage or a defector relationship whether opposite or same sex couples are considered parents.

If a person does not fall into categories 1 – 3 above, there has to be some relationship between or involvement with the child in a meaningful sense in order for that person to successfully make a parenting application.

An interesting aside is that an estranged adult sibling (normally arising from a breakdown of the relationship between the older sibling and their parents) who isn’t spending any time or having any contact with their younger brothers and sisters, can ask the Court for orders to spend time with them. An interesting world.

If you would like advice on parenting arrangements for the children that are dear to you please contact our Accredited Family Law Specialist Matthew Oakley on (02) 6333 4400.

The post Who can have a say about how your children are raised and who they spend time with? You may be surprised appeared first on King Cain Solicitors.

Many people who enter into a de facto relationship by moving in together for the first time may not think there are legal consequences from their decision. Even couples who do not live together but have been together for a significant period of time may still be considered to be in a de facto relationship.

While you may not see this as a significant commitment, there can be legal consequences from this decision and it is important that you consider the implications and discuss them with your partner.

If the unfortunate event occurs and your relationship breaks down, you do not want to be left in a position where your assets and financial contributions to the relationship are not fairly considered by a Court. Ultimately, you do not want to lose any money or assets to which you are entitled.

Definition of de facto  

Two people are considered to be in a de facto relationship if “they are a couple living together on a genuine domestic basis.

If you are unmarried and living together as a couple, the FLA will recognise your relationship in the same manner as if you were married.

However, even if you are not living together the Court will look to several different factors, such as the length of your relationship, the degree of financial dependence or interdependence, the reputation of the public aspects of the relationship.

Many relationships have many or all of the above elements, you may be in a de facto relationship and not even realise it.

Property Settlement for de facto couples

The recent reforms to the Family Law Act (FLA) enable access to property settlement for most de facto couples in a similar manner to a property settlement for married couples.

This means that one member of the relationship can make a claim to the court within two years of the relationship breaking down.

Binding Financial Agreement (BFA) – a solution to the problem?

A BFA is a contractual agreement between yourself and your partner about how your financial affairs will be arranged in the event that you suffer a break down of your relationship. BFAs also account for maintenance responsibilities, account for household contributions and rights to property.

There are substantial benefits to entering into a BFA. It allows you to make decisions about property ahead of time, to avoid a potentially long and costly legal dispute later on.

BFAs can be entered into before, during or after a de facto relationship has commenced.

What happens if your relationship breaks down without a BFA?

If you do not enter into a BFA prior to the relationship break down you will need to enter into negotiations about the best way to distribute the property from the relationship.

If this cannot be achieved amicably, you may need to involve the Family Law Courts to obtain consent or property orders which is a costly process and does not provide you with any certainty as to the outcome.

A BFA precludes the Court from any involvement in the property or financial aspects of the relationship 

What next?

We all want our relationships to work but you never know what events are around the corner. It is best to be as prepared as possible in mitigating all financial risk and protecting all assets by entering into a BFA.

A BFA can be a very complex legal document due to the strict statutory requirements that must be met to render it a legally binding instrument. This means that it is essential to obtain legal advice about the best way to draft the agreement.

If you think you are currently in a de facto relationship without a Binding Financial Agreement, please call Matthew Oakley on (02) 6333 4400 for further information on how best to protect your family, your assets and most importantly, yourself.

The post The Importance of Financial Protection in a De-facto Relationship – Binding Financial Agreements appeared first on King Cain Solicitors.