There are times in my job that I feel more like a relationship counsellor than a Lawyer. Family Law is one where these roles work hand in hand.  It is to be expected.  I work closely with people as they struggle through the life challenges that separation and divorce bring.  I aim to make the transition for my clients, their children and at times extended families, as stress free as possible.

But sometimes, my client’s emotional needs and internal struggles go beyond giving them helpful and beneficial legal advice.  They need more than an ear to bend and some kind words to get them through this difficult period.  I know I am not trained in psychology, nor do I have a qualification in counselling; but I can appreciate when a client needs to seek the help of formal counselling.

I wish to highlight the important role that professional counselling has in the legal process.  In some situations it is wise to consider employing a professional relationship counsellor (psychologist, psychiatrist or other mental health professional) to work with the client’s through some issues that may emerge as a result of their separation or divorce.  This approach can often assist clients to effectively overcome a range of mental blocks or challenges that may be preventing them from reaching a satisfactory legal solution.

I want the very best for my clients and sometimes doing this means ensuring my client’s get any help they need from not just from me, but other professionals that can guide them through this life challenge at a faster pace, enduring less pain than might otherwise occur.

In 2016 there were 24 million pets in Australia.  In fact, last year 62% of Aussie households had at least one pet.  One only needs to undertake a quick google search to realise that doggie and feline hotels, day care facilities and designer pet accessories are big business.  Certainly, the booming pet care industry reflects a significant change in attitudes towards our furry friends.    Indeed, many now view their pets as proxy children or ‘fur-babies’.

For lawyers specialising in Family Law, we have noticed a shift in thinking with regards to pets following separation.  Where once, poor Fido went with ‘whoever’ was willing to take him, more often this very question is the source for heated discussions and immense conflict.  Increasingly separating clients will dedicate a significant amount of time and energy to discussing (arguing) about where their beloved pet will live.  At times this becomes so emotive that it could easily be mistaken for a discussion about care of a human child.

Contrary to this, insomuch as the Court is concerned, pets in separation are treated as property.  Who keeps the family pet, is a decision the Court can in fact make but is the extent of their determination and no other consideration is given to the other party maintaining their relationship.

If there is evidence before the Court as to the pet’s monetary value (i.e in the case of a pure breed) it will be taken into account when determining the overall property settlement. More often than not however, the reality is that pets, unlike inanimate objects, form emotional bonds between the parties and the children of the relationship, and leaving this important decision to the Court, is bound to lead to heartbreak for all concerned.

Considering that the Court’s position is generally not a helpful one it may seem appropriate to approach the issue akin in many ways to the one undertaken with regards to children.  It is best to try and resolve to settle emotionally charged disputes over a beloved pet by way of negotiating a solution of a kind of ‘shared-care’ arrangement, along with handover clauses, While an Order may not necessarily be fashioned for share care arrangements over a pet, it does not mean an agreement cannot be reached.

For this and any other matter related to Family Law contact Joanna Diamantopoulos or one of the team at Welden & Coluccio Lawyers.

I have been married for several years but have recently separated from my spouse. We have finalised a property settlement, but are yet to get around to being officially divorced.. I don’t have a Will, does this mean my former spouse will still have access to my estate when I die?

The simple answer is yes. Whilst you may be separated, you are still legally married and have a legal ‘spouse’ in the eyes of the law. Under the Administration and Probate Act 1919 (SA) if a person dies without a Will, having a legal spouse and no children, then the partner would be entitled to the whole of the estate.  Alternatively if there were children, and the estate was worth over $100,000.00 then the legal spouse would receive the first $100,000.00 and anything over $100,000.00 will be divided equally between the legal spouse and the children of the deceased.

In a recent case, the Supreme Court of South Australia heard the case of a young couple who had been married and undergone a messy break-up. A property settlement was entered into and they began to move in separate directions. The wife had served divorce papers on the husband, but he hadn’t yet signed them.   Legally speaking, the divorce was never finalised. Approximately 15 months later the husband died in a tragic accident. The husband left no Will which resulted in the former spouse being entitled to the estate in its entirety.  This included a house and a significant superannuation benefit. The deceased’s grieving family were left with nothing.

Whilst the family of the deceased might, in certain circumstances, be entitled to make a claim for an interest in the estate under the Inheritance (Family Provision) Act 1972 (SA), the exercise would be costly and possibly detrimental to the family.  This could easily have been avoided, either by finalising the divorce or by having a Will in place.

In the matter described above, if the deceased had been divorced or had left a Will, then his estranged wife would have no claim or entitlement to the estate.

It is prudent to seek advice from a solicitor in the event of a relationship break down. A solicitor is best equipped to provide you with appropriate advice related to the effects and long term implications a previous relationship may have on your estate and how to best to structure your affairs in order to minimise any ex-partner from making a claim to your estate. For advice on Wills and Estate matter contact the dedicated and experienced team at Welden & Coluccio Lawyers.

We live in a world in which we are increasingly electing to do certain things using online platforms such as grocery shopping and paying bills.  It is becoming a way of life; the new norm so to speak.   While it is fair to say that law has been slow in the uptake, some legal processes are now occurring in cyberspace.

From 1^st March 2017 an Application for Divorce will no longer be able to be filed in person at the Family Court Registry.  Rather, it will need to be e-filed via the Commonwealth Courts Portal.

What does this change mean for clients?

For clients who prefer to engage a Family Law Solicitor to file the Divorce Application on their behalf, the move to e-filing will have little to no impact except that it may mean that they have to spend a little more time with their solicitor when completing and signing the application.  Additionally, as payment of the filing fee must be made via credit card when e-filing, the Solicitor could use the client’s credit card, instead of necessitating that the client deposit funds into the trust account, waiting a few days before the Application can be filed and a hearing date set, as was the case in the past.  However, for many individuals who had intended to forgo the services of a solicitor and file their own Application for Divorce, this may present a few challenges.

The new online process will require the Applicant to firstly create a file on the Commonwealth Courts portal in readiness to complete the Application online.  Part-way through, the Application will have to be saved in order for a copy to be printed.  Another court document called an e-affidavit will also need to be printed, and both documents will need to be taken to a solicitor or Justice of the Peace to be signed by the Applicant.   Once completed the e-affidavit needs to be scanned and uploaded to finalise the on-line Application ready to serve their spouse.

This new process has been developed to alleviate the demand on Court Registry Staff.  While the online process will be embraced by many tech-savvy individuals, to those that may not be so tech-savvy; the stop and start nature of the process will no doubt be perceived by many as being ‘messy’ and somewhat ‘clunky’.  Indeed, to those lacking a reasonable standard of computer literacy (or appropriate facilities, including the ability to scan documents), this process will seem an insurmountable obstacle.  Certainly, many may give up altogether and employ a solicitor to undertake what they previously would have felt confident in undertaking on their own.

For support or advice with this, or any other Family Law matter, feel free to contact Joanna Diamantopoulos or the team at Welden & Coluccio Lawyers.

Joanna Diamantopoulos has more than a decade’s experience as a family lawyer.  Today,  she shares some wisdom for parents who are in the throes of a relationship breakdown, with advice for making this event a smooth transition for children.

Separation and divorce is unquestionably one of the more stressful life events you can experience. It creates an emotional upheaval, not only for you but also for your children (irrespective of how old they are). When faced with this situation it is paramount to remember that children are innocent bystanders in the tug and war of separation. Too often I’ve seen parents involve the children, some of them very young, into what is essentially adult conflict. Children, of course, lack the tools to manage the complicated issues and the range of emotions surrounding separation (indeed many adults find this challenging also).

While separation and divorce is always a challenging time for children, there are a few things that you, as a parent, can do to make this difficult transition easier.

1. Do not tell your children how bad their mother or father are, or point out the things they do wrong or the mean words that have been exchanged. This isn’t your children’s fight. Children have an unconditional love for both parents and their love should not be clouded by your war;

2. When transitioning from one household to two, allow your former spouse to take some household furniture and effects and even some of the children’s favourite things. This will assist a child to connect their old life and feel at home irrespective of whose house they happen to be staying at.

3. Keep the lines of communication open. There are ways to communicate without necessarily having to speak face to face. Email and text message can be easily exchanged in order to avoid the tensions associated with talking to each other when emotions are high. It is advisable to keep any correspondence business-like in tenor. Use respectful and polite language.

4. Remember children have commitments also. Sport, dancing lessons, karate or even party invitations. Don’t let the new living arrangements interfere with the children attending these activities. It is understandable that a non-residential parent wants to spend as much time with their children as possible, but failure to take them to their activities, can be perceived by them as a punishment. Enjoy the activities with your children, stay, watch and interact with the rest of the parents. No doubt your children will be happy just to have you there.

5. Do not use your children to “spy” on the other parent. Of course you can ask how their weekend was, but don’t push for information like it is the Spanish inquisition as you try and get dirt on your former spouse.

These common sense tips will assist you and your children through the trying time that is separation. They are not difficult, complex or hard, but sometimes are simply forgotten due to the barrage of extreme emotions encountered during separation and divorce.

Relationship breakdowns are frequently likened to a death. Certainly, like a death, there is a good degree of grieving involved, along with the more practical management of affairs. During what is nearly always an emotional time this can seem like an insurmountable challenge.

Property Settlement is an arrangement about how you and your ex-spouse or domestic partner distribute property. It should be noted that a Property settlement can occur after separation and before divorce, or after divorce.

Property includes things like a house, a car or money in the bank. Property can also include less obvious things like long service leave entitlements, superannuation, potential compensation claims and debts owed.

It is always best if the parties can come to a mutual agreement. However, before moving forward with this it is always advisable to obtain independent legal advice to accurately determine your entitlements.

Once an agreement is reached between the parties, you should obtain Consent orders which reflect what you have agreed to. The benefit of Court ordered consent orders is, if one of the parties does not abide by the agreement, you

can go to the Courts to have the agreement enforced.
If you and your ex-spouse cannot reach an agreement, you can make an application to the Family Court to determine your property settlement.

It is important to note that if you have been divorced, you only have 12 months from the date of your divorce becoming finalised to apply to the Family Law Courts for a property settlement.

For independent advice in relation to your entitlements following a relationship breakdown speak to one of the expert solicitors at Welden & Coluccio Lawyers.