Michael Lynch Family Lawyers

THIS ISSUE - No. 204

  • New Seminar Series Starts In 1 Week!
  • Getting A Second Opinion
  • Let’s Dispel Some Myths
  • Is Domestic Violence A Factor In A Property Settlement?

New Seminar Series Starts In 1 Week!

Don’t miss this opportunity to learn from Accredited Family Law Specialist, Michael Lynch. 2 seminar topics are being presented,“Separation and Children” and “Separation and Property”.

In ‘plain-english’ Michael will explain the complexities of these areas, identifying the common traps and (more importantly) the tips to overcome them. Anyone recently separated needs to know this!

What you will learn:


  • How a property settlement is determined and dispelling many of the common myths.
  • What is property? – You will be surprised.
  • Know your values – it is usually not what it seems.
  • And much more…


  • What was the big change last year? – does it affect you?
  • How are childrens arrangements worked out?
  • Should you document your agreement?
  • What about childrens wishes?
  • And much more…

The seminars are open to everyone and the attendance fee is ONLY $20 (payable at the door).

“Separation and Children”

  • Brisbane City: 1pm – Tues, 27 August – The Sebel Suites, Cnr Charlotte & Albert St, Brisbane.
  • Cleveland: 6pm – Wed, 4 September – The Pacific Resort, 128 Middle St, Cleveland.

“Separation and Property”

  • Sunnybank: 6pm – Wed, 28 August – Sunnybank Community & Sports Club, 470 McCullough St, Sunnybank.
  • Brisbane City: 6pm – Tues, 3 September – The Sebel Suites, Cnr Charlotte & Albert St, Brisbane.

Seating is limited so register now by calling (07) 3221 4300 or email [email protected].

Getting A Second Opinion

Family Law is a complex and ever changing area of law.

All of the lawyers at Michael Lynch Family Lawyers practice solely in Family and Relationship Law. We are often requested to provide a second opinion on legal advice people have received elsewhere.

We are happy to assist in providing this Specialist assistance and have a fixed fee initial consultation of $330 (incl. GST).

To make an appointment call us on (07) 3221 4300.

Michael Lynch Family Lawyers

Let’s Dispel Some Myths

When people separate they are exposed to a lot of statements from friends and family, a lot of the advice is unhelpful, some is completely WRONG! Here are just a few common “myths” that fall into the COMPLETELY WRONG category.

  1. You need to wait 12 months before you can make a property settlement.  x
  2. Child support covers all the child’s actual costs.  x
  3. Domestic violence requires physical abuse.  x
  4. All relationship disputes go to Court.  x
  5. Property is divided equally.  x
  6. If you live together for 6 months you are in a de facto relationship.   x
  7. Assets in a company will not form part of the couple’s relationship property.   x
  8. Whoever receives an inheritance keeps it.  x

Make sure you get the right answers sooner rather than later! Call us on (07) 3221 4300 for a fixed cost initial appointment.

Is Domestic Violence A Factor In A Property Settlement?

The Family Court has an established principle that if there has been violence during a relationship which makes it significantly


more difficult for a spouse to make a contribution to the relationship, then the Court can take that into account when considering each spouses property settlement entitlement.

A recent property settlement case has considered this principle in a short relationship.

  • The parties had been married for 19 months. There was one child of the marriage who lived with the Wife.
  • The net assets of the parties were just under $4,000,000. It was accepted that the Husband had brought in the bulk of the assets.
  • The Wife alleged  that during the marriage there had been 5 occasions in which the Husband had been physically violent to her which had caused her to suffer from post traumatic stress disorder (“PTSD”).
  • The violence perpetrated by the Husband was significant. The Husband was charged and convicted of assaulting the Wife.
  • Whilst the Wife had subsequently recovered from her PTSD she sought 25% of the property, 5% being attributed to the more arduous contributions due to the family violence.
  • The Judge gave the Wife 18% attributing 8% to non-financial contributions (including the violence considerations).
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