With millions of Australians yet to put a will in place, estate planning often gets postponed. This delay can lead to unintended complications for loved ones, especially if there are blended families, international assets, or intricate financial setups involved. Planning your will doesn’t have to be overwhelming. With some basic steps, you can set up a solid framework to safeguard your family’s future and prevent potential legal headaches. Here are three essential factors to keep in mind.
1. Be Mindful About Notifying Banks and Super Funds After a Death
When someone passes, families often feel an urgency to inform financial institutions. However, contacting banks or superannuation funds too quickly can sometimes freeze critical accounts, potentially delaying access to funds needed for immediate expenses, like funeral costs. This is particularly relevant when the deceased’s main income source was a superannuation-based pension. Early notification to the super fund can suspend payments immediately, which may cause an unexpected gap in cash flow for surviving spouses or dependents. Always speak with your executor or legal advisor about the best time to notify financial institutions, ensuring you have the funds you need.
2. Understand the Scope and Limits of Enduring Powers of Attorney
An Enduring Power of Attorney (EPA) is a valuable legal tool, allowing a trusted person to make financial or property decisions on your behalf if you lose capacity. But it’s important to know that an EPA becomes void upon the donor’s death. At that moment, the role of the executor of the will begins, taking over from any powers granted under the EPA. For families, this transition can be confusing, especially if they expect the EPA to remain effective after death. To avoid misunderstandings, ensure your loved ones and chosen executor understand these limitations and how responsibilities will shift.
3. Account for Complex Family Relationships and Overseas Connections
In today’s world, many people have families with multiple layers—such as children from prior relationships, overseas property, or loved ones living abroad. Estate laws in Australia vary from state to state, and if overseas assets or beneficiaries are involved, the legal requirements can become even more complex. For example, intestacy laws (the laws that govern inheritance when there’s no will) might distribute assets in ways you wouldn’t have chosen. In such cases, a well-structured will can prevent unexpected disputes. Professional guidance is essential to ensure your will addresses all aspects of your unique circumstances, aligning fully with your intentions.
Ready to Take Control of Your Legacy?
If you’re ready to start planning your estate, Coastal Lawyers can help you develop a clear and legally sound will. Contact us today for guidance tailored to your needs and let us help protect your family’s future.s of the child. Once the court approves the orders, they become a legal obligation for both parents.
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.
There seems to be a magical myth out there that “positive” co-parenting means everything has to be perfect—a fantasy of seamless communication and flawless teamwork. Here at Coastal Lawyers, we see plenty of positive co-parenting relationships, and guess what? They’re far from perfect! In reality, a healthy co-parenting relationship just means finding what works, accepting imperfections, and staying committed to putting the kids first. Here are our top 10 practical tips for navigating co-parenting with grace (and maybe a little humour).
1. Communicate Clearly and Respectfully
Good communication doesn’t mean you’ll always agree; it just means that you’re willing to discuss things calmly and respectfully. If you’re feeling frustrated, take a moment before responding. Remember, a quick “thank you” or “please” can go a long way. You don’t have to be best friends, just decent communicators.
2. Be Flexible
Things will change—schedules, moods, and needs—especially with kids involved. Flexibility keeps conflict down, as both parents recognise that life isn’t always predictable. Allowing a little leeway shows respect and trust in each other’s roles.
3. Encourage Your Child’s Relationship with Their Other Parent
Support your child’s bond with their other parent. A positive co-parenting relationship often involves letting go of personal grievances to make space for the kids. By encouraging your child’s relationship with their other parent, you’re giving them the stability and support they need.
4. Include Each Other in Important Decisions
Co-parenting works best when it’s a team effort. Include each other in discussions on important issues—whether it’s school choices, health matters, or birthday party plans. When both parents feel valued in decision-making, there’s less room for resentment or misunderstandings.
5. Get Organised and Avoid the Small Fights
Forgotten items and missed events cause more disagreements than you might think. Consider using a family calendar or app to keep track of schedules, holidays, and special events. Or, if you prefer low-tech, keep a shared communication notebook. Organised parents tend to argue less because they’re all on the same page. Check out our blog post on parenting apps to help streamline communication.
6. Take Out the Emotion
Emotions can quickly escalate disagreements, so keep conversations focused on practical details instead of emotional history. Talk about what needs to be done for the child, not old grievances. A businesslike approach often keeps things smoother and less stressful.
7. Use Positive Language
A little politeness goes a long way. Using kind language—like “please” and “thank you”—can change the whole tone of a conversation. When each parent feels appreciated rather than criticized, co-parenting becomes less of a chore and more of a partnership.
8. Practice Compromise
Co-parenting isn’t about winning; it’s about working together. Be willing to compromise on things like visitation schedules or extracurricular activities. Practicing a give-and-take approach helps create a more harmonious environment for your kids.
9. Put the Kids First
Remembering that co-parenting is about the kids, not past conflicts, can help you both stay focused on what matters. Make decisions that are in the best interest of the kids, even if it means letting go of some of your own preferences. It’s a simple idea that can make all the difference.
10. Take Time for Yourself
Let’s face it, co-parenting can be exhausting. Take time for yourself to recharge so you can show up as the best version of yourself for your kids. Whether it’s a quick walk, a catch-up with friends, or a good book, self-care keeps stress levels down and patience levels up.
Need Help with Your Co-Parenting Journey?
Co-parenting isn’t about perfection; it’s about finding what works and keeping the focus on your kids. If you’re struggling to make it work or have questions about formalising your arrangements, Coastal Lawyers can help you navigate the process. Contact us for advice tailored to your unique family situation.
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.
Navigating separation or divorce can be incredibly challenging for families, especially when children are involved. Books can be a powerful tool to help children understand and process their emotions, and they provide parents with guidance on how to support their kids through this difficult time.
Here’s a comprehensive reading list of books for children and parents, covering everything from coping with divorce to understanding blended families.
Books for Children
These books are written specifically to help children understand and cope with the changes in their family structure.
Max’s Divorce Earthquake (2019) by Rachel Brace A story that helps children understand the impact of divorce in a gentle and supportive way.
Mum and Dad Glue (2010) by Kes Gray A touching tale about a child who learns that even though parents separate, their love for their child remains strong.
Two Homes (2013) by Claire Masurel This book reassures children that they can feel at home in two houses after a divorce.
Two of Everything (2000) by Babette Cole A humorous take on how life changes after divorce, told through the eyes of a child.
Was it the Chocolate Pudding? A Story for Little Kids About Divorce (2005) by Sandra Levins A relatable story for younger kids, helping them understand that divorce isn’t their fault.
Skimming Stones: A Story About Overcoming a Family Breakdown (2007) by Steve Heron A beautifully written story about resilience and finding hope after family changes.
Sam’s Sunday Dad (1999) by Margaret Wild A story about a boy adjusting to spending weekends with his dad after a separation.
My Family’s Changing (1999) by Pat Thomas A guide that helps children understand and process the emotions associated with family separation.
I Will Always Love You – Helping Kids Cope With Divorce and Separation by Aya Alasbali A reassuring book that emphasizes the enduring love between parents and their children.
The Day the Sea Went Out and Never Came Back (2003) by Margot Sunderland A story that gently addresses grief and loss, perfect for helping children process emotions.
Mom’s House, Dad’s House: Making Two Homes for Your Child (1997) by Isolina Ricci Ph.D. A practical guide for children adjusting to living in two homes.
When Your Parents’ Divorce: A Kid-To-Kid Guide to Dealing With Divorce (2013) by Kimberly King Written from a child’s perspective, this book provides relatable advice and support.
The Mending Chronicles of Liam and Emily: A Divorce Recovery Journey for Kids (2019) by Natalie Knox A story of hope and healing for kids dealing with their parents’ divorce.
The Divorce Helpbook for Kids (2001) by Cynthia Macgregor A supportive resource for children coping with their parents’ divorce.
The Invisible String (2014) by Patrice Karst A comforting story about staying connected to loved ones, perfect for separation anxiety.
The Family Forest (2015) by Kim Kane A playful story about blended families and the uniqueness of each family tree.
The Family Book (2009) by Todd Parr A celebration of diverse family structures.
Who’s in My Family: All About Our Families (2015) by Robie H. Harris A wonderful exploration of different family situations.
Books for Parents
These books offer practical advice and emotional support for parents navigating separation, divorce, and co-parenting.
Talking to Children About Divorce: A Parent’s Guide to Healthy Communication at Each Stage of Divorce (2016) by Jean McBride An essential guide to supporting your children emotionally during divorce.
Shared Care or Divided Lives: What’s Best for Children When Parents Separate (2008) by Phil Watts A thoughtful analysis of how shared care arrangements impact children.
Divorce is Not the End of the World: Zoe & Evan’s Coping Guide for Kids (2008) by Zoe Stern A guide to understanding the child’s perspective and supporting their emotional needs.
The Truth About Children and Divorce: Dealing With the Emotions So You and Your Children Can Thrive (2006) by Robert Emery Ph.D. An empathetic guide to managing the emotional complexities of divorce.
Co-Parenting 101: Helping Your Kids Thrive in Two Households After Divorce (2013) by Deesha Philyaw and Michael D. Thomas A must-read for co-parents aiming to create a positive environment for their children.
Your Kids After Divorce: The Care of Your Kids After Your Divorce (2017) by Steven Robbet Practical advice for helping children adjust post-divorce.
Surviving Your Split (2017) by Lucy Mannering and Rebekah Mannering A resourceful guide for navigating the emotional and practical aspects of separation.
What About the Kids? Raising Your Children Before, During, and After Divorce (2003) by Judith Wallerstein A deep dive into how divorce affects children and how to support them through it.
Don’t Divorce Us! Kids’ Advice to Divorcing Parents (2000) by Rita Sommers-Flanagan A touching collection of advice from children to parents going through divorce.
Why Books Are a Great Resource
Books provide a safe and accessible way for both children and parents to explore the emotions, challenges, and changes that come with separation and divorce. Whether it’s helping children understand their feelings or guiding parents through effective communication, these books can be invaluable tools.
If you or your family need further support, Coastal Lawyers is here to help you navigate separation and family law issues with care and expertise.
Need Legal Support for Your Separation?
Contact Coastal Lawyers for compassionate and professional advice tailored to your family’s unique needs.
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 parenting plan is a written agreement between separated or divorced parents outlining the arrangements for the care, living arrangements, and decision-making responsibilities for their children. While it is a legally recognised document, it is not a court order.
Key points about parenting plans:
Voluntary Agreement: Parents create a parenting plan voluntarily through negotiation and discussion. It is a flexible and collaborative approach to making decisions about the children’s upbringing.
Content: A parenting plan typically includes details such as the child’s living arrangements, visitation schedules, holidays and special occasions, communication methods between parents and children, and how major decisions about the child’s life will be made.
Customisation: Parenting plans can be customized to fit the unique needs and circumstances of the family. They are often more specific and detailed than court orders, addressing various aspects of parenting.
Non-Legally Binding: Although parenting plans are recognized by the law, they are not legally binding in the same way that court orders are. However, they are persuasive in court if both parents have willingly and knowingly agreed to the terms.
Changes and Flexibility: Parents can amend or modify a parenting plan by mutual agreement if circumstances change. The flexibility of parenting plans allows parents to adapt to the evolving needs of their children.
Encourages Cooperation: Creating a parenting plan encourages parents to work together in the best interests of their children, fostering cooperation and communication.
While parenting plans provide a collaborative approach to co-parenting, it’s important to note that they may not be a suitable solution in cases of family violence, child abuse, or where there are significant concerns about a child’s safety. In such cases, legal advice and court intervention may be necessary to ensure a child’s well-being.
Parenting consent orders are legally binding agreements made between separated or divorced parents regarding the care, living arrangements, and decision-making responsibilities for their children. These orders are approved by the court, making them enforceable and legally binding.
Key points about parenting consent orders:
Agreement by Consent: Both parents must reach an agreement on the parenting arrangements and submit the agreed terms to the court. The court will review the proposed orders to ensure they are in the best interests of the child.
Court Approval: The court will only make consent orders if it is satisfied that the arrangements are suitable for the child’s well-being. This involves considering the child’s age, developmental needs, and any other relevant factors.
Legal Enforceability: Once approved by the court, parenting consent orders become legally enforceable. This means that both parents are required to comply with the terms outlined in the orders.
Flexibility: While consent orders provide a structured framework for parenting arrangements, they can also be flexible and adaptable. Parents can agree to vary the orders by mutual consent, but any changes should be documented and submitted to the court for approval.
Duration: Parenting consent orders typically remain in effect until the child reaches 18 years of age. However, parents can request changes to the orders if circumstances change.
Decision-Making Authority: Consent orders may address specific issues related to decision-making authority, such as major medical decisions, education, and religious upbringing.
Avoids Court Litigation: Parenting consent orders provide a way for parents to formalize their parenting arrangements without the need for lengthy court proceedings. This can be less adversarial and more cost-effective than litigation.
It’s important for parents to seek legal advice when preparing parenting consent orders to ensure that the terms are comprehensive, fair, and in the best interests of the child. Once the court approves the orders, they become a legal obligation for both parents.
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.
Navigating family law matters like divorce, parenting arrangements, property settlements, and Apprehended Violence Orders (AVOs) can feel overwhelming, especially when emotions run high. Thankfully, resources like Women and Family Law, published by the Women’s Legal Service NSW, provide clear, accessible information to help individuals understand their rights and responsibilities.
What is Women and Family Law?
Women and Family Law is a plain-English guide to family law in New South Wales, designed to break down complex legal concepts into straightforward language. Whether you are facing separation, negotiating child arrangements, or seeking protection through an AVO, this resource provides practical advice and guidance.
The guide specifically focuses on issues relevant to women but is a helpful tool for anyone going through family law processes.
Key Topics Covered
Divorce
The guide explains the “no-fault divorce” process in Australia and what you need to prove (12 months of separation) to apply for a divorce. It outlines the steps involved and what to expect during the process.
Parenting Arrangements
After separation, decisions about where children will live and how parents will share time can be challenging. Women and Family Law provides guidance on how the best interests of the child are determined and the importance of parenting plans or court orders.
Property Settlements
Dividing property after separation can be complex. The guide walks through factors the court considers, including contributions made by both parties (financial and non-financial), future needs, and superannuation splitting.
Apprehended Violence Orders (AVOs)
For individuals experiencing domestic or family violence, the guide explains the purpose of AVOs, the process for applying, and how these orders provide protection.
Who is the Guide For?
This resource is ideal for individuals going through separation, divorce, or parenting disputes who need clear and concise legal information. It empowers women (and others) with knowledge so they can make informed decisions about their legal options.
The Women and Family Law guide is particularly helpful for those who may not have access to immediate legal advice but want to understand the family law process in NSW.
Where Can You Access the Guide?
The 13th edition of Women and Family Law was published in May 2024 and is available online for free as a PDF eBook.
While the guide is a great starting point, personalized legal advice can help you take the next steps with confidence. At Coastal Lawyers, we specialize in family law matters, including:
Divorce
Parenting Arrangements
Property Settlements
Protection Orders
If you have questions or need legal advice, book a Family Law Consultation today:
Family law matters often come at some of the most stressful times in a person’s life. Resources like Women and Family Law play a crucial role in supporting individuals with the tools and knowledge they need to navigate these challenges.
If you’re going through a separation, managing parenting disputes, or seeking help with property settlements or AVOs, this guide is an excellent starting point.
Empower yourself with knowledge and take the next steps 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.
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.
