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

NSW fertility inquiry: surrogacy evidence under scrutiny

The New South Wales Legislative Council fertility inquiry is examining difficult and practical questions about access to assisted reproductive treatment. Distance matters. Cost matters. Regulation matters. For many people trying to create a family, these are not abstract policy concerns. They can determine whether treatment is available at all. Among the issues before the inquiry… Read More »NSW fertility inquiry: surrogacy evidence under scrutiny

Surrogacy lawyer explains upcoming ALRC reports

Australia is approaching an important moment for family and fertility law. By the end of July 2026 and during August 2026, the Australian Law Reform Commission, or ALRC, is expected to deliver two major reports to Commonwealth Attorney General Michelle Rowland. One report will address surrogacy law. The other will examine Australia’s human tissue laws.… Read More »Surrogacy lawyer explains upcoming ALRC reports

Overseas surrogacy births now recognised in Australia

For years, the recognition of parents through overseas surrogacy has been unnecessarily uncertain. Australian intended parents could return home with a child, a foreign birth certificate and a foreign court order, yet still face questions about whether Australian law recognised them as parents. That position changed on 1 April 2025. It may be April Fool’s… Read More »Overseas surrogacy births now recognised in Australia

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