ABOUT DTL We are LGBTQI We are experienced family and property lawyers We know the complexities of relationships We do fixed fees for clients’ certainty and transparency We are always accessible We give a shit about our clients

Parenting

Who is a parentConsideration of Commonwealth and State law:

Section 60H Family Law Act 1975 (Cth) Section 14 Status of Children Act 1996 (NSW) Section 65C Family Law Act 1975 (Cth) Section 12 Surrogacy Act 2010 (NSW)

Who is a parentCase Study: Re Patrick (2002) 28 Fam LR 579

The sperm donor wanted to be a parent of Patrick* The parenting agreement was entered into prior to the birth of

Patrick The parenting agreement was evidence of the parties

intentions The court considered what was in the best interests of Patrick Also see AA v BB and LU v Registrar of Births Deaths and

Marriages (No 2)

Who is a parentDonors

Donors are not regarded as legal parents, regardless of intention

Donors may later seek parenting orders for the care and wellbeing of a child

Donors may enter a parenting agreement with the other party/parties for the purpose of setting out the parties’ intention with respect to the child’s care and wellbeing, and the child’s contact with the donor and other party/parties

Who is a parentDonors continued

Parenting agreements are not binding or enforceable, but they are important from an evidentiary point of view

Often other documents are important to evidence such intentions, including Wills

Handout (Parenting Agreement example)

De facto relationships

What is a de facto?There is no exhaustive definition

The court will consider:i. the length of the relationship;ii. the nature of the relationship;iii. if the couple were engaged in a sexual relationship;iv. the financial arrangements that existed between the parties

during the relationship;

What is a de facto? vi. the arrangement between the parties for the ownership of assets

and whether they own properties jointly;vii. the degree of commitment to the relationship;viii. whether the relationship has been registered in any state or

territory;ix. the existence of any children; andx. the reputation and public aspects of the relationship.

What is a de facto? Case Study: The unwilling de facto – Toms v Centrelink 2014

Friends with benefits Freedom of sexuality in the age of Grindr and Tindr Intention of the parties is sometimes different to relationship

presentation and factual de facto consistencies

‘Friends with Benefits’ (2011)

Property division

The basics Two year minimum cohabitation + de facto before a party can apply

to the court What is the length of the relationship? Who owns the assets? Joint ownership vs separate What are each party’s financial contributions? What are each party’s non-financial contributions? Is there a homemaker? What is the health of the parties? What are the incomes of the parties and what are the ongoing

employment prospects like?

Consent orders Consent orders are binding court orders that are rarely

appealed Parties can informally agree on a settlement before

engaging a lawyer for preparation of consent orders Parties can formally agree on a settlement through

negotiation or mediation, then proceed to consent orders Consent orders require full disclosure and a fair split of the

assets of the relationship between the parties

Disputes about property Issues in dispute usually revolve around perception of

contributions and narrow views of asset protection Sometimes one party earns considerably less than the other

and that party also acts as homemaker Sometimes one party has a related family business

generating a substantial income for the parties, but on separation the other party might argue that they contributed to that wealth directly or indirectly

Disputes about propertyThe court will consider prescribed inidicia in the Family Law Act covering age, health, income, children, standard of living of the parties during the relationship, opportunities for employment and training to gain employment and so on.

Life, death and loved ones

The Will Rules for what happens to your money and assets after

you die including appointing beneficiaries Appoints an executor to administer your estate Sets out your intentions with respect to donation of

organs, funeral arrangements and charitable gifts Cannot assign an interest in superannuation

No Will when you die The Succession Act determines who gets what, placing

the deceased’s spouse in possession of the lion’s share

Family Provisions Claims People left out of your Will may be entitled to claim on

your estate If you cut somebody out, give solid reasons If you have been left out, speak to us first The court will consider the plaintiff’s relationship with the

deceased including financial, emotional and living relationship

Powers of Attorney // Enduring Guardians

A Power of Attorney give financial powers to an attorney while you are alive, usually when you lose capacity

An Enduring Guardian is a person with power to make medical and care decisions on your behalf when you lose capacity

Who do you trust with your money and health if you cannot make decisions independently?

Evidencing your relationships Register you relationship with Births, Deaths and

Marriages Execute a Will Execute a Power of Attorney Execute an enduring Guardian document Have your Medicare cards sychonised