Regularly, a client I am meeting for the first time is walking around with the following scenario in their head – they have mentally checked-out of their relationship, and want to know whether to go ahead and separate. You might be in this very position. Your unhappiness has seen you think about ending your…
Author: danbottrell
WHY CAN’T I SAY WHAT I REALLY THINK ABOUT MY SPOUSE IN COURT?
Final hearings in the Family Courts are often called ‘paper trials’ – they proceed on written statements of evidence called Affidavits, which are made (sworn or affirmed by a spouse as being true) and filed in advance of any hearing. The oral evidence from litigants in family law cases is therefore usually limited to…
DISCLOSURE OF BUSINESS RECORDS – MUST THE WIZARD LET THE MORTALS SEE BEHIND THE CURTAIN?
While no two relationships have the same dynamic, for the business owners I represent, there is often a marked division of roles in their relationship. That means that one spouse has often run the business which has seen financial goals kicked, and the other spouse has fulfilled a separate role, such as caring for children…
SUPER AND FAMILY BREAKDOWN – TAKE CARE, OR RETIREMENT PLANNING WON’T BE SMOOTH SAILING
This post is on a complex subject – superannuation – a class of property which lies at the intersection of financial planning and family breakdown. With superannuation being a topic which is ‘heavy going’, even by lawyer standards, financial adviser, Josh Mashman, of AMP Advice, Miami, and a member of the Gold Coast Collaborative…
WHAT’S FAULT GOT TO DO WITH IT – WHO GETS THE BLAME FOR CAUSING A BREAK-UP?
Relationships end for myriad reasons, and relationship breakdowns play out in a variety of ways. Some partings of the way are mutual – each party in agreement that the relationship has run its course, and that it is time to go in separate directions. Others are more one-sided – one party is the one to…
WHEN BLUE SKIES TURN TO GREY – SURVIVING DIVORCE IN YOUR RETIREMENT YEARS
For many of us, we work through our careers with one eye on our retirement. What we will do when we finally say goodbye to the working week, and put our feet up. For some, we look forward to travelling the world. For others there are plans to take to caravans and become grey nomads….
WHO GETS THE KEYS TO THE KINGDOM – WHEN DIVORCE GETS IN THE WAY OF THE KIDS’ INHERITANCE
Separation affects families in a way which is much broader than it seems at first blush. Not only does it affect those who are separating, but it affects their children, and wider family, too. When we think of ‘children’ being impacted by divorce, we instantly think of young children, who are destabilised by the…
WHEN BILLS COME IN, LOVE GOES OUT – DON’T LET YOUR FINANCIAL CUL-DE-SAC BE THE DEATH OF LOVE
In life, we hope for the best, but plan for the worst. We insure against business losses. We have cover for property damage. But we often do little planning for the things which threaten our relationships. If financial pressure is one of the biggest contributors to relationship failure, what can we do to protect, that relationship, our most important asset? In this article I show how a ‘plan’ can shield your relationship from financial pressure, and the steps to take if you are already facing one of life’s financial hurdles.
WHEN BLOOD BECOMES THICKER THAN WATER – PROTECTING GIFTS AND LOANS TO CHILDREN AFTER DIVORCE
Family lawyers really do see it all. Because we act for people who are embarking on new relationships, and we act for people who are enduring relationship breakdown, we see the good times, and we see the bad times. One situation which has this dynamic is when parents or relatives pay funds to their adult…
GET ME OUTTA HERE! I’M TRAPPED IN THE FAMILY COURTS AND I NEED AN ‘EXIT’
I am consulted all the time by people who are ‘caught in the system’ after relationship breakdown – they, or their former partner, have commenced Court proceedings, seeking financial orders, but there is no discernible forward movement. They’re ‘stuck’ – they can’t ‘exit’ the system, because they are unable to reach an agreement with their…
THE UNIVERSE TAKES AWAY. AND THE UNIVERSE GIVES BACK – THE TRIALS AND TRIBULATIONS OF A FAMILY LAWYER
As I write this post, it’s not been an easy week. It was one of those weeks when it feels like everything that could go wrong, did go wrong. A lawyer friend once joked with me that being a lawyer is like riding a bike, except that the bike is on fire. My eyebrows were…
A TALE OF 2 HOUSEHOLDS – HOW TO COPE WITH DIFFERENT PARENTING STYLES AFTER SEPARATION
The school holidays are a crazy time for parents. Family gatherings, catch ups with friends, and work functions, all with relatives staying in your house. And when family and friends come together to celebrate, there is usually a hodgepodge of kids – step-siblings, cousins from out of town, the neighbour children, and some other ‘ring…