Family law proceedings often delve into deeply personal aspects of life, making privacy a paramount concern. To safeguard this confidentiality, the Family Law Act 1975 (Cth) has undergone significant changes. The previous Section 121, which prohibited the publication of family law proceedings, has been repealed and replaced with Part XIVB. This update aims to simplify the language and clarify the rules around information sharing, while maintaining the same offences and penalties. Let’s explore what this means for you.
What Was Section 121?
Section 121 of the Family Law Act 1975 made it an offence to publish any account of family law proceedings that could identify parties involved, including children. The goal was to protect the privacy of families during sensitive legal matters.
Introducing Part XIVB
With the Family Law Amendment Act 2023, Section 121 has been replaced by Part XIVB. This new section continues to uphold the confidentiality of family law proceedings but does so with clearer language and guidelines. The offences and penalties for breaching confidentiality remain unchanged, ensuring that the privacy of individuals involved in family law cases is still protected.
Key Points of Part XIVB
Prohibition on Publication: It remains an offence to publish any account of family law proceedings that identifies parties, witnesses, or others involved, unless a specific exception applies.
Clarified Exceptions: Part XIVB provides clearer guidelines on circumstances where information may be shared, such as for professional consultations or with appropriate consent.
Penalties: The penalties for breaching these confidentiality provisions are consistent with those under the former Section 121, underscoring the seriousness of maintaining privacy in family law matters.
Why the Change?
The shift from Section 121 to Part XIVB is part of a broader effort to make family law more accessible and understandable. By simplifying the language and clarifying the rules around information sharing, the law aims to reduce confusion and ensure that all parties are aware of their rights and obligations regarding confidentiality.
What Does This Mean for You?
If you’re involved in family law proceedings, it’s crucial to understand that the confidentiality of your case is protected under Part XIVB. Sharing details of your case publicly, especially in a way that identifies those involved, can lead to serious legal consequences. Always consult with your legal advisor before discussing your case outside of the legal context.
Need Guidance on Family Law Confidentiality?
Navigating the complexities of family law can be challenging, especially with recent legislative changes. At Coastal Lawyers, we’re here to help you understand your rights and obligations under the new Part XIVB. Contact us today to ensure your family’s privacy is protected throughout your legal journey.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Going through a separation is challenging enough without the added stress of gathering important documents and taking care of essential tasks. At Coastal Lawyers, we’ve guided many clients through this process, so we know just how crucial it is to get organized and stay ahead of the game.
Here’s a handy checklist of documents you should collect and things you should be thinking about as you navigate your separation.
Documents You Should Collect
First things first—let’s talk paperwork. You’ll need to gather some key documents to ensure you’re prepared for what comes next.
Birth Certificate: Make sure you have a copy of your birth certificate handy.
Passport: If you have a passport, grab it. You’ll need it for identification and possible future travel.
Marriage Certificate: If you were married, this is an essential document to have on hand.
De Facto Registration: For those in a de facto relationship, collect any registration documents if applicable.
Medicare Card: Ensure you have your Medicare card or a copy of it.
Date of Separation
One of the first things to do is to record the date of separation. Did you tell someone about the separation on that day? If so, that person may be able to provide a statement in the future if there’s ever a dispute over the date. This date can be critical for legal and financial reasons.
Financial Documents
Next up, make sure you have copies of all your financial documents. These will be essential in understanding your current financial position and planning for the future.
Banks:
General account statements
Credit card and store card statements
Afterpay or other buy-now-pay-later accounts
Loan statements, including home loans and overdrafts
Insurance:
Health, home and contents, car, income protection, life, and pet insurance policies
Note whose names are on the policies and how much the repayments are.
Tax:
Notices of Assessment
Tax File Number
Know your taxable income and, if possible, your partner’s taxable income.
Vehicle Documents
If you own vehicles, you’ll need to gather some key details:
Registration: Whose name is the car registered under?
Finance: Is there any finance on the car? Whose name is the loan in? What’s the repayment schedule?
Loan Details: When will the loan be paid off, and how much are the repayments?
Utilities and Subscriptions
Utilities and subscriptions can often be overlooked, but they’re important to manage during a separation.
Utilities:
Electricity, gas, water, phone, internet, and Pay TV (Foxtel, Netflix, Stan, etc.)
Know whose names the accounts are in, the repayment amounts, and if any can be canceled because they’re in your name but you’re no longer using them.
Also, consider canceling any third-party accesses.
Superannuation and Investments
Superannuation is another critical area to address.
Superannuation:
Gather information about your super balance and, if possible, your partner’s.
Check who your nominated beneficiary is—if it’s your partner, consider if you want to change it.
Investment Statements:
If you have shares, managed funds, or receive share dividends, make sure you have up-to-date statements.
Business and Trust Documents
If you or your partner own a business, gather relevant documents:
Businesses:
Know the financial position of the business, how it’s set up (sole trader or company), and how long it’s been operating.
Collect profit and loss statements, depreciation schedules, and business activity statements.
Trusts:
Identify any trusts and who the beneficiaries are.
Government Benefits
If you receive any government benefits, make sure you have the necessary documentation.
Government Benefits:
Centrelink
Child support
Childcare rebate
Loyalty Cards
Don’t forget about loyalty cards—these can sometimes be a point of contention.
Loyalty Cards:
Gather details on Flybuys, store cards, and other rewards programs.
Family File
Create a document that lists key details, including:
Your Information: Name, DOB
Your Ex-Partner’s Information: DOB, address, employer details, etc.
Children’s Information: Names, DOBs, and other relevant details
Update and Change
Now comes the part where you need to secure your privacy and start making some changes:
Passwords: Change passwords for your email, social media accounts, and internet banking.
Address: Update your address on personal accounts. Consider obtaining a mailbox or redirecting mail to a new address.
Banking: Start your own bank account if you don’t already have one. Consider closing joint accounts, credit cards, and redraw facilities.
Insurance and Leases: Update insurance policies and lease details if one party has moved out.
Superannuation and Legal Documents: Update the beneficiary on your super, as well as your will and power of attorney.
Mortgage Payments: If you’re worried about making payments, contact your bank. You may be able to suspend payments.
Location Sharing: Turn off any location sharing services like “Find My Friends.”
Final Thoughts
Separation is never easy, but getting organized can make the process smoother and less stressful. By gathering these documents and making the necessary changes, you’re taking important steps towards securing your future.
Need Help?
If you’re feeling overwhelmed or unsure about where to start, contact Coastal Lawyers today to book a strategy session. We’ll help you navigate the complexities of your separation and provide the support you need to move forward with confidence.
DISCLAIMER (BECAUSE WOULD WE EVEN BE LAWYERS WITHOUT ONE):
The information in this blog is for informational purposes only and does not constitute legal advice. For tailored guidance, book an obligation-free appointment with Coastal Lawyers online..
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Separation is undeniably tough, but taking the right steps afterward can pave the way for a fresh start. At Coastal Lawyers, we’re here to help you through this transition with practical advice and support. Here’s what you need to do post-separation to ensure a smooth journey ahead.
1. Formalise Your Agreement
If you and your ex-partner have reached an agreement, the next crucial step is to formalise it legally. This typically involves drafting a Binding Financial Agreement or obtaining Consent Orders through the Family Court. A family lawyer can help ensure your agreement is legally binding and protects your interests.
2. Seek Legal Advice
Consulting with a family lawyer is essential to understand your rights and obligations fully. Legal advice will ensure your agreement is fair and stands up in court. At Coastal Lawyers, we offer comprehensive legal guidance tailored to your unique situation, ensuring you’re well-informed and protected.
3. Implement the Agreement
Once your agreement is formalised, it’s time to put it into action:
Transfer Property Titles: Make sure all property transfers are correctly documented and registered.
Update Beneficiaries: Change the beneficiaries on your will, life insurance policies, and superannuation.
Adjust Financial Accounts: Ensure that joint accounts are closed or converted to individual accounts, and debts are divided as agreed.
4. Update Legal Documents
Review and update all legal documents that previously named your ex-partner. This includes your will, power of attorney, and any other important documents. Ensuring these reflect your current wishes is crucial to avoid future legal complications.
5. Make Financial Adjustments
Post-separation, it’s important to adjust your financial arrangements:
Close Joint Accounts: Close or separate joint bank accounts to ensure financial independence.
Divide Assets: Follow through on the division of assets as outlined in your agreement.
Manage Debts: Ensure each party assumes responsibility for their agreed-upon debts, avoiding future financial disputes.
6. Notify Relevant Authorities
Inform relevant authorities, banks, creditors, and institutions about your change in relationship status. This includes updating your details with government agencies and ensuring all records reflect your new circumstances.
7. Consider Tax Implications
Understand the tax implications of your property settlement. Consulting a tax professional can help you navigate potential capital gains or losses and ensure compliance with tax regulations. This step is essential to avoid unexpected tax liabilities.
8. Seek Emotional Support
Separation is not just a legal and financial challenge but an emotional one as well. Seek support from friends, family, or a professional counselor to help you cope with the emotional upheaval. Self-care is vital during this period.
9. Plan for Your Financial Future
Take control of your financial future by setting new goals and creating a plan to achieve them. Consider budgeting, saving, and long-term financial planning. A financial advisor can offer valuable insights and help you build a secure financial future.
Moving Forward
Every separation is unique, and it’s important to address the specific needs of your situation. Taking the right steps and seeking professional advice can make the transition smoother and more manageable. Coastal Lawyers is here to support you through every step of your journey.
Need Assistance?
If you’re navigating a separation and need expert legal advice, Coastal Lawyers is here to help. We offer comprehensive services in all areas of family law, including divorce, separation, parenting arrangements, property settlements, and maintenance.
Taking these steps can help you navigate post-separation life with clarity and confidence. Remember, Coastal Lawyers is here to provide the support and guidance you need to move forward.
Contact us today to book your consultation and start your new chapter with confidence.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Music is just SO good for the soul!!! It sees you through every season of life: the happy, the heartbroken, the celebrations, the grief. From fun road trips to those really looonggg half-hour drives with three kids in the back, music has a way of making everything better.
Which got us thinking! What is the ULTIMATE breakup song?
We’re talking about THAT post-breakup anthem that spoke to you, the one you played on repeat as you navigated the breakdown of a relationship and grieved the loss of what could have been. The last time I had a breakup, I was probably crying into a bowl of ice cream and listening to Boyz II Men’s “End of the Road.”
Curious about what others listened to during their toughest times, we took to social media and asked people for their favourite breakup songs. We received quite a mix of breakup song flavours and, with a sprinkle of our own faves, created the ULTIMATE breakup playlist:
End Of The Road – Boyz II Men
Someone Like You – Adele
I’m Not The Only One – Sam Smith
If I Were A Boy – Beyoncé
Midnight Sky – Miley Cyrus
Break Even – The Script
Only Love Can Hurt Like This – Paloma Faith
So Sick – Ne-Yo
Let It Go – James Bay
Breaking Up Is Hard To Do – The Carpenters
Truth Hurts – Lizzo
Goodbye My Lover – James Blunt
Wind Beneath My Wings – Whitney Houston
Harpoon – Jebediah
I’m Good – Wafia
So Over You – Ashanti
Lose Somebody – Kygo & OneRepublic
Love is A Losing Game – Amy Winehouse
Hit Em Up Style – Blu Cantrell
Forget Her – Jeff Buckley
Slide Away – Miley Cyrus
Total Eclipse of The Heart – Bonnie Tyler
Irreplaceable – Beyoncé
Thank U, Next – Ariana Grande
Burn – Usher
Breakups can be rough, but you don’t have to go through it alone. Coastal Lawyers are here to provide the support and legal advice you need. Whether it’s divorce, separation, parenting, property, or maintenance, we’ve got your back.
Reach out to us today to book your Family Law Strategy Session and start moving forward with confidence. l Lawyers is here to provide the support and legal expertise you need to secure your future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Under the Family Law Act 1975 (Cth) in Australia, the concept of contributions plays a crucial role in property settlement matters.
When a relationship breaks down and parties separate, the court considers the contributions made by each party to the relationship when determining how to divide the property pool.
Contributions are broadly categorized into two main types:
Financial Contributions:
Direct Financial Contributions:
This includes income, assets, and financial resources contributed directly by a party to the relationship. For example, earnings, property, or financial gifts.
Indirect Financial Contributions:
Contributions that indirectly benefit the family, such as financial support from a family member or a party’s management of household finances.
Non-Financial Contributions:
Homemaker and Parenting Contributions:
This includes contributions made by a party in the role of homemaker or parent. It encompasses tasks such as caring for children, managing the household, and providing emotional support.
Career Sacrifices:
Non-financial contributions also consider sacrifices made for the family’s benefit, such as a party giving up career opportunities to support the other’s career or to care for the family.
Additionally, the Family Law Act recognises the concept of “future needs” when determining a fair property settlement. This involves considering factors such as the age, health, financial resources, and future earning capacity of each party. These are often referred to as the section 75(2) factors referring to the relevant sections of the Family Law Act 1975 with which they refer.
It’s important to note that contributions are just one factor considered by the court in property settlement matters. The court also considers the future needs of each party and any other relevant factors. Property settlement can be a complex process, and seeking legal advice is advisable to understand how the Family Law Act applies to your specific situation.
Need Guidance on Property Settlements?
Navigating property settlements can be complex, especially when considering financial and non-financial contributions under the Family Law Act 1975. Understanding how these factors impact your case is crucial.
Get Expert Legal Advice Today!
Reach out to Coastal Lawyers for personalized legal advice. Email us at reception@coastallawyers.com.au or call 1300 271 289. Visit our website to book your free 15-minute clarity call and take the first step towards a fair settlement.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
A Child Impact Report, also known as a Child Impact Statement, is a document prepared to assess and communicate the potential impact of decisions or changes on a child’s well-being in the context of family law proceedings.
This report typically addresses matters such as custody arrangements, visitation schedules, and parenting plans.
The report may include information about:
Child’s Needs:
Details about the child’s age, health, education, and any special needs.
Relationships:
Insights into the child’s relationships with parents, siblings, and other significant individuals.
Stability and Routine:
Considerations about the importance of maintaining stability, routines, and continuity in the child’s life.
Child’s Wishes:
If appropriate, the report may include the child’s expressed preferences and wishes regarding custody or living arrangements.
Child Impact Reports are often prepared by professionals like child psychologists, social workers, or family consultants who conduct assessments to help the court make decisions that prioritize the best interests of the child involved in the family law case.
When do you need a child impact report?
A Child Impact Report may be needed in family law proceedings when decisions about child custody, visitation, or parenting arrangements are being considered. Some situations that may warrant a Child Impact Report include:
Dispute over Parenting Orders:
When parents cannot reach an agreement on parenting arrangements, and the court needs additional information to decide what is in the best interests of the child.
Complex Family Dynamics:
In cases involving complex family dynamics, such as high-conflict divorces or situations with allegations of abuse or neglect.
Assessment of Child’s Best Interests:
To assist the court in assessing the child’s best interests and well-being when making decisions about custody, visitation, or other parenting matters.
Change in Circumstances:
When there is a significant change in circumstances that may impact the child’s well-being, such as a proposed relocation or changes in living arrangements.
The decision to request or order a Child Impact Report is typically made by the court, and the report is prepared by professionals with expertise in child development, psychology, or related fields.
The goal is to provide the court with comprehensive information to make informed decisions that prioritise the child’s welfare.
Ensure Your Child’s Best Interests are Prioritized
Navigating family law proceedings involving children can be challenging. A Child Impact Report provides vital insights to help the court make informed decisions that prioritize your child’s well-being.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
