Introduction:

The Family Flyer is a free community service by Michael Lynch Family Lawyers. The publication is designed to be informative and topical and to assist you in understanding the ever-changing field of Family Law.

This edition includes:

• A Wealth of Information
• We have moved!
• Family Law – A Snapshot
• Separation – a “to do” list
• Property Settlement – Case Study
• Child Support – The Basics
• Seminar Series – Free

A Wealth of Information

The Family Flyer is produced in an email format each month and a hard copy every 3 months and provides you with a wealth of information.

Some recent articles include:

• Special Edition – “Shared Parenting – Changes in Family Law” – Issue 44
• What is a Pre-Nuptial Agreement? – Issue 42
• What is Spouse Maintenance? – Issue 39
• What age is the right age to listen to a child’s wishes? – Issue 36

For any of these articles and more, visit our website at www.michaellynchfamilylawyers.com.au. Join NOW for this FREE email service.

We have moved!

After 10 years at our previous premises we have now moved. Our new address and contact details are:

Level 6, 193 North Quay

Brisbane Qld 4000

(Cnr North Quay & Herschel Street)

PO Box 12027

George St Brisbane Qld 4003

Tel: (07) 3221 4300

Fax: (07) 3221 9454

Email: [email protected]

Family Law – A Snapshot

As part of our providing user-friendly resource material to clients and the public, to better understand Family and Relationship Law, we produced the book “A Guide to Family Law – Everyday Answers”.

If you or someone you know, needs a quick overview of Family and Relationship Law look at Issue 46 of the Family Flyer entitled “Family Law – A Snapshot”.

This edition has been one of our most popular and widely requested editions. Visit our website for a copy at www.michaellynchfamilylawyers.com.au.

Separation – a “to do” list

Some points to keep in mind if you have just separated:

• Keep a diary (particularly for contact arrangements for children).
• Keep a budget.
• If any Real Estate is in joint names (held as joint tenants) look at severing the joint tenancy.
• Check the terms (and appropriateness) of your Will. If you don’t have a Will, get one!
• Look at revoking any Power of Attorney to your spouse.
• Identify any exposure you may have to funds being dissipated from joint accounts, joint credit cards, or special payments made on a joint mortgage.

Before all else, get Specialist Family Law advice.

Property Settlement – Case Study

The Federal Magistrates Court recently determined a property settlement that included a variety of factors. It provides an interesting case study as to considerations made by the Court.

The facts:

• The parties were together for 11 years.
• 2 children (aged 13 and 11 years) who lived predominantly with the Mother.

• The Wife made an initial contribution of $140,000.
• The Husband was involved in a serious motor vehicle accident resulting in a portion of his leg being amputated. He received a personal injuries payment of $241,000.
• The Husband worked as a car park attendant and the Wife obtained qualifications as a teacher.
• Prior to separation the Husband ceased his employment and purchased a mowing business that did not perform well.
• Since separation the Husband paid little Child Support.
• At Trial the Husband was aged 46 and had an income of $30,000 per year, the Wife was aged 47 and had an income of $60,000 per year and the pool of property was valued at $680,000.

The Court determined that:

• The Husband’s personal injury payment resulted in him making a greater initial contribution.
• During the marriage the parties financial and non-financial contributions were equal.
• The overall “contributions” were determined as 55%/45% in favour of the Husband.
• When considering “future needs” the Court noted that:
  • the Wife suffered migraines and arthritis however that did not effect her working ability;
  • the Husband had a significant disability that limited his work prospects;

• the Wife received approximately double the Husband’s income and the Wife had the primary responsibility for the children with little prospect of receiving Chid Support.
• 5% was adjusted in the Wife’s favour.

This resulted in a 50%/50% division of property.

Child Support – The Basics

The Child Support Agency (CSA) has very clear rules to work out how much Child Support must be paid. It depends on:

• Your gross annual income and your partners.
• The number of children; and
• How many nights per year your children will spend with each parent.

Seminar Series – Free

We present FREE Family Law Seminars on a number of topics. This year we have presented over 30.

For Seminar topic information visit “Seminar Series” at www.michaellynchfamilylawyers.com.au.

If you are a business, organisation or community group and feel there would be benefit to your organisation in us presenting one of our FREE Seminars or you would like to discuss designing specific content to suit your audience, please contact us.

Start thinking about your training and Seminar requirements for 2007.

Our Seminars are usually for one hour and include a presentation, powerpoint and handout material. For more information contact us on (07) 3221 4300.