Surviving financially after separating

Surviving financially after separating

I came across an excellent article by financial advisor Donal Griffin in The Australian about traps to look out for on property settlement. It covers the basics of tax and stamp duty issues, as well as potential capital gains implications, and the options of taking a super split instead of cash.

Going through a property settlement requires in my view a consideration of what options may be available in splitting up the property and super. Sometimes the most obvious answer is the best. Sometimes it is not. Sometimes the wrong option may cost a client thousands or tens of thousands of dollars.

The article underlines two things:

1.the need to get timely advice from an independent, qualified financial planner. Family lawyers should not give advice on investment options. That’s what financial planners and tax advisors do. As a general rule, family lawyers do not have the expertise. They should have the expertise to advise on the family law implications of a deal.

2. the self-evident benefits of negotiating and cutting a deal, whether through mediation or otherwise- and avoiding like the plague having a judge decide. A judge, being a third party who does not know either of the people involved, and generally not being aware of the investment options for either of the parties, will impose a decision, whether the parties like it or not. Negotiations allow substantial more control to a party to come up with a mix of options that is better than have one imposed by a judge.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Onco-fertility and surrogacy can change the course of a family’s future at the very moment life feels most uncertain. A cancer diagnosis is frightening enough on its own. When that diagnosis comes with treatment that may affect fertility, the shock can be even greater. But there is an important message here: in some cases, options… Read More »How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board