Alison Loach
Alison Loach
Senior Associate
Alison Loach joined the firm in 2008, having previously conducted her own general law practice for 15 years in New Zealand having a particular expertise in Family Law including disputes about children and property.
She has been a Member of the District Legal Services Board, a Member of the Women’s Consultative Group to New Zealand Law Society and the Vice-President of the Marlborough District Law Society Council. Alison has many years of experience in resolving parenting disputes and litigating successful outcomes in Family Law court proceedings involving children. She has conducted many successful International Child re-location cases and is an expert in the field.
Alison is a Member of the Family Law Section of the Law Institute of Victoria.
Silvio Auditore
Solicitor
Alison Loach
Senior Associate
Giuseppe Rubino
Senior Associate
STEPHANIE HOPE
Senior Associate
KATHERINE SIOTOS
Solicitor
Hayder Shkara
Director
Related Articles & Cases
- Property
- 4 Sep 2023
- Hayder Shkara
A 70/30 divorce settlement Australia refers to the division of assets where one party receives 70% and the other gets 30% of the total asset pool.
Contrary to the popular belief that assets are always split 50/50, the Family Court in Australia aims for a fair, just, and equitable distribution.
The court considers both financial and non-financial contributions from both parties, such as income, property, childcare, and household maintenance.
How Common Is a 70/30 Divorce Settlement Australia?
While a 70/30 split is relatively uncommon, it can occur under specific circumstances.
For example, if one party has significantly more assets or a much stronger financial position than the other, a 70/30 split might be considered fair.
However, the court also takes into account future needs like childcare, earning capacity, and age, among other factors.
What Is the Average Split in a Divorce Settlement in Australia?
On average, most divorce settlements in Australia result in one party receiving between 50-65% of the total asset pool.
A 70/30 split is less common but can occur if one party comes into the relationship with significantly more assets.
How to Identify the Property Pool
Identifying the property pool is the first step in any divorce settlement.
This includes all assets, liabilities, and financial resources that either party has.
Being transparent and honest during this stage is crucial, as hiding assets can lead to legal repercussions.
Both parties usually come up with their list of assets, which can then be cross-referenced for accuracy.
Is a 70/30 Split Just and Equitable?
The court’s primary concern is to ensure that the asset division is fair, just, and equitable.
A 70/30 split could be approved if it meets these criteria, but it’s uncommon because it could severely disadvantage one party.
Also read: Selling Assets Before Divorce: Helpful 4-Point Guide
How Can I Protect My Assets From Divorce?
To protect your assets, you can use legal tools like Binding Financial Agreements (also known as prenuptial agreements).
These agreements can be made before or during the marriage and can specify how assets will be divided in the event of a divorce.
How We Can Help
When Mark, a successful restaurant owner, consulted our law firm, he advised us that his 14-year marriage had ended. Separated from his wife, he contemplated a 70/30 divorce settlement in her favor.
Our first step was to sit down with Mark for an in-depth consultation. We gathered all the necessary details about his marriage, including the duration, assets involved, and the roles each spouse played. This initial information helped us gauge the intricacies of Mark’s situation.
We educated Mark on what a 70/30 divorce settlement entails and how it’s viewed under Australian law.
We explained that while he might see himself as the primary financial contributor, the court would also consider non-financial contributions like homemaking and childcare.
Before diving into percentages, we assisted Mark in identifying the property pool. This included not just the restaurant but also other assets and liabilities. We emphasised the importance of full financial disclosure to ensure a fair settlement.
Because Mark’s wife had sole care of 3 children, was not working, did not have much potential to earn a high income, and Mark was making a very high income because of the progress he had made in his career, we advised that a 70/30 split may be likely in his situation.
Document Preparation: We began by drafting the necessary legal documents, including a detailed list of assets and liabilities.
Negotiation: We initiated a negotiation process with his wife’s legal team to discuss the proposed 70/30 split and other possible arrangements. The wife didn’t agree and wanted an 80/20 split.
Court Submission: After exhausting all negotiation avenues, we prepared and applied for property settlement to the Family Court of Australia.
Court Representation: We represented Mark during the court hearings, ensuring that his case for a 70/30 split was strongly presented.
Final Settlement: Once the court decided, we assisted Mark in finalising the division of assets, ensuring that all legal obligations were met.
Consult With Experienced Family Lawyers
Navigating a divorce settlement can be complex, especially regarding asset division.
While a 70/30 split is uncommon, it’s not impossible under Australian law.
However, consulting with experienced family lawyers is crucial to ensure the settlement is fair and equitable for both parties.
- Custody
- 24 Apr 2023
- Hayder Shkara
Child custody can be a complex issue, especially when a child is under two years old. In Australia, the Family Law Act 1975 governs child custody matters.
When determining what is in the best interests of a child younger than two years old, the court considers several factors.
This article examines the laws considered in child custody cases involving child custody under 2 years old.
When determining child custody, the court always takes the child’s best interests into account. This means that the child’s safety, well-being, and development are the primary focus. The court looks at a range of factors to determine what is in the child’s best interests, including:
- The child’s relationships with the parents, grandparents, and other significant individuals
- The child’s age, development, and level of maturity.
- The capacity of each parent to provide for the emotional and physical requirements of the child
- The need for consistency and stability in the child’s care arrangements
- A history or current of family violence, abuse, or neglect
- Any additional relevant factors, including the child’s cultural background and special requirements
The Importance of the Relationship
The child custody law law in Australia acknowledges the significance of a child’s relationship with both parents.
This means that the court will consider how much time the child spends with each parent and what the nature of the relationship is like.
When a child is under the age of two, the court will consider the principal attachment figure or figures, who are typically the primary carer or carers.
This implies that the court will consider the child’s strongest attachment and primary carer.
Recommended Arrangement
Research indicates that frequent and consistent contact with both parents is generally considered beneficial for the development and well-being of infants and toddlers.
This is because infants and toddlers are still forming attachments to their primary caregivers, and maintaining these attachments is advantageous.
In their care arrangements, parents must also consider the child’s need for stability and continuity.
This implies that the infant must have consistent routines for them to feel secure and safe.
An example of a parenting arrangement for a child under 2 years old would be like this:
- The child lives with one parent and sleeps in one place;
- The child spends 3 hours a day, once every 2 or 3 days, with the other parent that the child does not live with.
In many instances, parents are encouraged to construct a parenting plan outlining the custody arrangements that are in the best interests of the child.
This plan can be formulated with the assistance of a mediator or child custody lawyer to ensure that it is fair and practical for both parents.
The Role of Parenting Plans
Parents who are separating can create a parenting plan to assist in determining child custody arrangements.
A parenting plan is a written agreement between parents outlining how they will divide parental responsibilities and make decisions regarding their child.
The Role of Mediation
Mediation is a common method of resolving child custody disputes in Australia. An impartial third party assists the parents in reaching an agreement during mediation.
When parents can not agree on arrangements for child custody under 2 years old, mediation can be especially beneficial, as the mediator can help them consider what is in the child’s best interests.
The Role of the Court
Alternatively, if parents cannot compromise on child custody, the family court can decide.
The court will consider the aforementioned factors and may appoint an independent attorney for children to represent the child’s best interests.
The optimal child custody arrangement for a child under the age of two will ultimately depend on the family’s specific circumstances and must prioritise the child’s protection, well-being, and development.
Disputes over child custody can be complicated, particularly when the child is younger than two years old.
The Family Law Act of 1975 governs child custody disputes in Australia and takes the child’s best interests into consideration.
For child custody under 2 years old, the court looks into the child’s primary attachment figure or figures and the need for stability and continuity in their care arrangements.
Parents can develop a parenting plan and engage in mediation to assist in resolving child custody disputes.
If parents cannot reach an agreement, the court will determine what is in the child’s best interests.
- Divorce
- 18 Apr 2024
- and Hayder Shkara
Mediation for Separation
Mediation for separation is an increasingly popular method for resolving disputes during divorce or the dissolution of a marriage or de facto relationship.
It offers a structured environment where parties can discuss their issues with the help of a neutral mediator, aiming for a mutually acceptable settlement without the need for court intervention.
This process saves time and money and fosters a cooperative rather than adversarial atmosphere, which can be especially beneficial when children are involved.
What is Mediation, and How Does It Work?
Mediation is a confidential process where a trained mediator assists both parties in reaching an agreement on various aspects of their separation, including financial settlements, property distribution, and child custody arrangements.
Unlike traditional litigation, mediation empowers the parties involved to make their own decisions based on their unique needs and circumstances.
The Role of the Mediator
The mediator does not make decisions but facilitates discussions and guides the parties towards a mutually beneficial resolution.
They ensure the process remains respectful and that both parties have equal opportunities to express their views.
🔑 Key Takeaway: Mediation puts the control in the hands of the parties involved rather than in the hands of a judge.
Benefits of Mediation for Separation
Choosing mediation over conventional courtroom procedures offers numerous advantages.
Cost-Effective and Time-Saving
Mediation is generally less expensive and quicker than going to court. By reducing the length of time required to resolve disputes, mediation lessens the emotional and financial strain on the parties.
Confidentiality
Unlike court proceedings, which are public, mediation is a private process. This privacy can be crucial for individuals who value discretion during a separation.
🔑 Key Takeaway: Mediation for separation offers a confidential, less confrontational, and more economical alternative to court proceedings.
Preparing for Mediation
Proper preparation can significantly influence the effectiveness of the mediation process.
Know What to Expect
Understanding the structure of mediation sessions and what types of issues can be resolved can help participants feel more prepared and less anxious about the process.
Gather Necessary Documents
Bringing all relevant financial documents and any other pertinent information to mediation sessions can help streamline the process and ensure that all issues are addressed comprehensively.
🔑 Key Takeaway: Being well-prepared for mediation sessions can lead to more productive discussions and a more satisfactory agreement.
Common Challenges in Mediation
While mediation can be highly effective, it’s not without its challenges.
Emotional Intensity
The emotional nature of separation can lead to heightened tensions during mediation. It’s important for participants to manage their emotions effectively and communicate openly.
Imbalance of Power
In some relationships, there may be an imbalance of power that can complicate mediation. A skilled mediator is trained to manage this and ensure a fair process.
🔑 Key Takeaway: Recognising and preparing for potential challenges in mediation can enhance the chances of a successful outcome.
Why Choose Mediation?
Mediation for separation provides a pathway to resolve disputes respectfully and amicably.
It supports open communication and collaboration, allowing parties to reach sustainable agreements that suit their specific needs.
By choosing mediation, separating couples can avoid the adversarial nature of court proceedings, preserve their relationships, and move forward with dignity.
Opting for mediation not only benefits the individuals directly involved but also offers a more peaceful transition for any children affected by the separation.
Thus, considering mediation as a first step in the separation process is a choice that offers profound advantages.
Additionally, it is advisable to seek legal advice to understand your rights and ensure any agreements made are legally binding.
🔑 Key Takeaway: Mediation is a valuable tool for managing the complexities of separation with respect and cooperation, ensuring all parties reach a fair and tailored agreement.
- Property
- 4 Sep 2023
- and Hayder Shkara
Spousal maintenance is a legal obligation for one partner to support the other after separation or divorce financially. In Australian law, this is governed by the Family Law Act 1975.
It’s designed to ensure that people can meet reasonable expenses if they cannot adequately support themselves. The question of “what is spousal maintenance” often arises during divorce proceedings, and it’s essential to understand the legal framework and individual circumstances that determine eligibility.
Does Maintenance Apply in a De Facto Relationship?
Yes, in Australia, spousal maintenance can apply to de facto relationships. The Family Law Act includes provisions for both married and de facto partners, recognising the financial obligations that may exist between parties even if they were never legally married.
The same principles that apply to married couples generally apply to de facto relationships, considering factors like financial need, ability to pay, and living standards during the relationship.
When Can I Receive (Or When Do I Have To Pay) Maintenance?
Spousal maintenance can be sought or required when one partner cannot meet their reasonable financial needs and the other can.
This might occur due to age, health, caring responsibilities, or a lack of employment opportunities.
Applications for spousal maintenance must typically be made within 12 months of a divorce becoming final or two years after a de facto relationship ends.
Do I Need a Family Lawyer To Calculate Spousal Maintenance?
While hiring a family lawyer to calculate spousal maintenance is not mandatory, it’s often advisable.
Australian law considers various factors in determining care, such as income, assets, financial resources, and individual needs.
A family lawyer with expertise in Australian family law can provide valuable insights, negotiate on your behalf, and ensure all legal requirements are met.
What Does the Court Consider When Making a Decision?
When determining “what is spousal maintenance” in a specific case, the court considers factors such as:
– The age and health of both parties
– The income, property, and financial resources of both parties
– The ability of the payer to support themselves while paying maintenance
– The recipient’s ability to gain employment
– The standard of living during the relationship
– Any child support responsibilities
How Long Will the Spousal Payments Last?
Spousal maintenance payments may be temporary or permanent, depending on the circumstances.
Quick maintenance might be awarded while a divorce is pending or for a specific period after separation.
Permanent care may be granted in cases where long-term financial support is necessary.
Do I Still Receive Spousal Maintenance if I Start a New Relationship?
Starting a new relationship does not automatically terminate spousal maintenance under Australian law.
However, it may lead to a reassessment of financial needs and the ability to support oneself.
If the court determines that the new relationship significantly alters the economic circumstances, it may modify or terminate the maintenance payments.
Helping Our Clients: What Is Spousal Maintenance?
A businessman came to our law firm concerned about spousal maintenance during his divorce.
His wife had been a stay-at-home parent, and he was a successful entrepreneur. We explained the concept of spousal maintenance under Australian law and assessed both parties’ financial situations.
Through careful negotiation, we agreed on temporary maintenance, supporting his wife as she pursued opportunities to reenter the workforce.
The agreement was structured to decrease as she became financially independent.
This case highlighted the complexities of spousal maintenance and the importance of empathy and strategic planning.
Our client’s willingness to provide fair support led to an amicable resolution, allowing both parties to move forward with dignity.
Engage A Family Lawyer
Spousal maintenance is a multifaceted aspect of family law in Australia that requires careful consideration of various factors.
Whether you’re seeking maintenance or obligated to pay, understanding “what is spousal maintenance” and how it applies to your situation is crucial.
Engaging a family lawyer with expertise in Australian law can provide personalised guidance, ensuring the process is handled fairly, with empathy, and strategic insight.
Ultimately, spousal maintenance is about achieving a balanced and equitable resolution that allows both parties to move forward with financial stability and dignity.
It’s a testament to the legal system’s commitment to upholding the principles of justice and compassion in the often complex landscape of family relationships.
- Uncategorized
- 15 May 2023
- Hayder Shkara
For those looking to indulge in gaming entertainment, the online casino landscape in Australia offers a vibrant and diverse panorama of options. With the digitalization of gaming, Australian players now have the ability to access a vast array of casino games right from the comfort of their homes. This article delves into the intricacies of online casinos in Australia, highlighting the legal framework, variety of games available, and the importance of choosing a reputable online casino.
Legal Landscape of Online Gambling in Australia
The Interactive Gambling Act of 2001 is the primary legislation governing online gambling in Australia. It outlines the restrictions and regulations that online casinos must comply with to operate legally within the country. Although the act prohibits certain aspects of online gaming, there are still numerous legally sanctioned casinos available to Australian players. It’s important for players to ensure they are participating in lawful online gaming by choosing casinos that adhere to these regulations.
Variety of Games at Australian Online Casinos
Australian online casinos boast a wide range of gaming options that cater to different preferences. Players can enjoy classic games like blackjack, roulette, and baccarat, or try their luck at a myriad of slot machines with exciting themes and innovative features. Additionally, live dealer games have risen in popularity, providing an immersive experience that closely mimics the feel of a land-based casino.
Choosing a Reputable Online Casino in Australia
One of the main challenges for Australian players is selecting a trustworthy online casino. It’s crucial to opt for establishments that are licensed, have a track record of fair play, and offer secure transaction methods. Features such as customer support, bonuses and promotions, and a user-friendly interface are also key factors to consider when assessing the credibility and quality of an online casino.
Bonuses and Promotions
Australian online casinos often entice players with appealing bonuses and promotions. Welcome bonuses, free spins, no deposit bonuses, and VIP rewards can significantly enhance the gaming experience and provide additional opportunities to win. However, it’s important for players to thoroughly understand the terms and conditions associated with these incentives to make the most of their benefits.
Responsible Gaming
As the popularity of online casinos continues to grow, so does the significance of responsible gaming. Reputable online casinos in Australia are committed to promoting responsible gambling practices, offering tools and resources to help players manage their gaming habits. This includes self-exclusion programs, deposit limits, and links to professional support organizations.
Conclusion
The world of online casinos in Australia is vibrant and burgeoning, with endless possibilities for entertainment. The legal framework ensures a safe environment for players, while the vast selection of games caters to various interests. When engaging in online casino play, Australians must prioritize secure, fair, and responsible gambling by choosing correctly licensed and regulated casinos. By doing so, players can enjoy a thrilling and enjoyable gaming experience down under.
- De FactoHome
- 22 Feb 2024
- and Hayder Shkara
What is a Cohabitation Agreement?
Cohabitation agreements, often called ‘living together agreements,’ are formal, legally binding contracts between partners. They detail how assets, debts, and property will be handled during the relationship and in the event of separation.
These agreements can also cover day-to-day financial arrangements, ownership of property acquired before or during the cohabitation, and maintenance obligations.
Key Takeaway 🔑: A cohabitation agreement sets a legal framework for couples living together, offering protection and clarity for both parties.
Pros and Cons of Cohabitation Agreements
Pros
Legal Protection: A cohabitation agreement offers legal protection for both partners. It ensures assets and debts are divided as agreed upon, reducing the risk of disputes if the relationship ends.
Financial Clarity: These agreements bring financial clarity and security by outlining financial responsibilities, which can prevent misunderstandings and conflicts over money.
Enhances Communication: Creating a cohabitation agreement encourages open communication about expectations and finances, potentially strengthening the relationship.
Cons
Perceived Lack of Trust: Some couples might see the need for a cohabitation agreement as indicative of mistrust, which could strain the relationship if not approached carefully.
Legal and Emotional Costs: Drafting a cohabitation agreement involves legal fees and can sometimes bring emotional stress as partners negotiate terms. This process might highlight differences in values or financial expectations that can be challenging for some relationships.
Cohabitation Agreements vs. De Facto Relationships
Cohabitation agreements and de facto relationships concern couples living together without marriage, yet they differ significantly in legal terms.
A cohabitation agreement is a proactive legal document that couples voluntarily enter into, detailing how assets, debts, and responsibilities are managed during and after the relationship.
It offers a clear, customised framework for the couple’s financial relationship.
On the other hand, a de facto relationship is recognised by law when two people live together on a genuine domestic basis without the requirement of a formal agreement.
This status grants couples certain rights under Australian family law, similar to those of married couples, in case of separation.
Legal Recognition and Enforcement
In Australia, cohabitation agreements are legally recognised and enforceable, provided they are properly drafted, and both parties have received independent legal advice. This legal standing ensures that the agreement’s terms can be enforced if disputes arise, offering both partners a level of security and predictability.
Key Takeaway 🔑: The legal enforceability of cohabitation agreements provides a solid foundation for couples to rely on in times of dispute.
How to Create a Cohabitation Agreement
Creating a cohabitation agreement involves several steps, including discussing and agreeing on the terms with your partner, seeking independent legal advice, and drafting the contract to ensure it meets legal standards. It’s essential that both parties fully understand and agree to the terms and that the agreement is tailored to their specific situation.
Key Takeaway 🔑: Proper legal guidance is essential in creating a cohabitation agreement that is fair, comprehensive, and legally binding.
Guidance of Legal Counsel
Cohabitation agreements offer couples living together a way to manage their relationship with confidence and security.
These agreements provide protection and peace of mind by clearly defining the handling of assets, debts, and responsibilities.
Seeking legal advice is crucial in this process, ensuring the contract is legally binding and accurately reflects both parties’ intentions.
A legal professional can also provide valuable insights into individual rights and how to protect them best within the agreement.
Whether you’re entering a new relationship or have been living together for years, considering a cohabitation agreement, with the guidance of legal counsel, is a wise step towards ensuring both partners’ rights and obligations are respected and protected.
Overall Key Takeaway 🔑: Embrace the security and clarity a cohabitation agreement offers. This will ensure your relationship is built on a foundation of mutual understanding and respect, with the added assurance of legal protection.
