Sandra Sinclair | Divorce & Family Lawyer

Sandra Sinclair

Phone: +61 438 828 082

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23.01.2022 DUE TO DANGEROUS WEATHER AND LOCAL FLOODING , OUR OFFICE IS NOW CLOSED FOR THE REST OF TODAY. Stay safe everybody !

21.01.2022 Yes, and rightly so.

19.01.2022 A really interesting article!

18.01.2022 Family Violence Inquiry Chair publicly recognises issue of false allegations, as well as court "delays", that leave children "in the wrong place" for years [Dai...ly Telegraph]. But, please, let's drop this cliché of court "delays". Family courts are simply slow. That's their nature. More money and more judges will not change that. They'll still keep children involved in proceedings for years. They'll still harm children.

18.01.2022 AND WE ARE BACK TO USUAL TRADING TODAY !

17.01.2022 Are you ready for Christmas Day yet?

13.01.2022 Last year I wrote about Christmas Day and spending time with children over Christmas - I am re-posting this as my view about separated parents and Christmas remains the same: We are getting closer to that time of year when parents who separated in the past year are starting to worry about Christmas Day. Please think about how you are going to do this, and if possible, discuss or negotiate with your ex. And try and remember that really, children don't care about what day they ...celebrate Christmas, or how many times they celebrate Christmas.... the 25th of December means something to YOU, not to them. So try and keep it in perspective, make arrangements that are in the best interests of the children, make plans to be with friends or family when the children are not with you on Christmas Day, and seriously, get used to it. That's the way it's going to be from now on. The courts will not hear applications about Christmas Day or holiday time at this late stage, because they simply don't have capacity. If you really do need help to navigate an agreement, please contact us and we will help you negotiate - call 3285 6888 See more

11.01.2022 Superannuation on Separation or Divorce: Clients preparing for a property settlement always what happens to my superannuation? This is even more important to clients who are separating after a long relationship. The Family Law Act provides that superannuation is classed as property and as such can be adjusted, transferred or divided between parties on separation. For example, if the Court assesses the assets should be apportioned 60% to one party, and 40% to another party,... that can also occur with their superannuation. The only difference with other assets is that superannuation is a financial resource rather than an asset, and it is therefore dealt with differently than usual assets. Superannuation can be dealt with using one of two methods, splitting or flagging. Both methods can be adopted by the parties or ordered by the Family Court. If superannuation is flagged via agreement between the parties or Court Order, it simply means that the decision to divide a member’s superannuation entitlement is deferred to some time in the future. The flag serves as a notice to the Trustee of the member’s superannuation fund that it is not to release or deal with the superannuation entitlements without first notifying the other party. The flag can only be removed on instructions from the other party or Court Order. If superannuation is to be split via agreement between the parties or Court Order, it means that the Trustee of the member’s superannuation fund is directed to divide and transfer a portion of the member’s entitlement to their spouse. This direction is known as a Splitting Order and the transfer of funds is known as a Superannuation Rollover. You should also bear in mind that there may be tax consequences that flow from splitting superannuation and therefore you should ensure you seek independent financial advice before entering into any agreement or Court Order with respect to superannuation.

11.01.2022 Spending a few days in the tropics in preparation for some big changes... stay tuned. A lovely place to spend my birthday in between the hard work. I've had a few reminders in the past few weeks that sometimes it's the little things that count. So don't forget to be kind, to be thoughtful and to keep yourself grounded. Have a great week everybody.

11.01.2022 BREAKUPS ARE PAINFUL. Even when a relationship is no longer good, a divorce or breakup can be extremely painful because it represents the loss, not just of the partnership, but also of the dreams and commitments you shared. Romantic relationships begin on a high note of excitement and hopes for the future. When a relationship fails, we experience profound disappointment, stress, and grief. A breakup or divorce launches you into uncharted territory. Everything is disrupted: yo...ur routine and responsibilities, your home, your relationships with extended family and friends, and even your identity. A breakup also brings uncertainty about your financial future. This pain, disruption, and uncertainty means that recovering from a breakup or divorce can be difficult and take time. If you need help wading through these unchartered waters, and you don't know where to turn, give us a call for some advice about your legal rights and obligations and to give you some "direction". Ph: 3285 6888

10.01.2022 A very belated "Happy New Year" to all of our clients and followers. It's been a late start back for us, but hardly slow! We thought the poem below would make you smile :)

08.01.2022 Very, very slowly opinion is changing. Even Senator Brandis, the attorney general, is reportedly now saying adversarial courts are not in the best interests of ...separating families. "While courts are appropriate for large corporations and well-resourced individuals, the legal system tends to harm rather than help families because its processes embed conflict."

05.01.2022 Major changes to Australian family law in 2017 Budget Government flags review and makes some significant improvements and changes, while adopting some of the fu...nding requests of Chief Justice Bryant. The Family Law Reform Coalition is pleased to have been part of this process, through extensive lobbying in Canberra and its contribution to the Senate Motion passed last year stating that thousands of children are being harmed by our family law system. But these changes do not do enough to keep more families away from our harmful family court system.

05.01.2022 PROPERTY DIVISION: Most people who separate reach an agreement quickly about how to divide their assets. However, if you are unable to do that, and if your asset pool includes a company or business, multiple properties or significant contributions by only one of you, you may need to speak to a family lawyer for advice. Call us on 3285 6888 for all of your family law questions.

04.01.2022 The National Domestic Violence Order Scheme has been introduced. The law has changed. Victims are now protected, no matter where their domestic violence order is issued. Perpetrators will be held to account for offences nationwide. Visit www.ag.gov.au/ndvos to learn more.

04.01.2022 "They are 'MY' children......." When a parent refuses to support a relationship between the kids and the other parent, the law does have the power to do somethi...ng about it. The recent case of Ralton v Ralton shows that the courts can do something about it when one parent refuses to allow children to be with the other parent. Sadly this case is the exception and not the rule in Family Courts. In the absence of any 'proved violence', if a parent denies children a relationship with their other parent, then a reversal of residence for a defined period is the only way to ensure children have relationships with both parents.

03.01.2022 Family Court judge blasts Sydney lawyers for failing in their "duty to minimise costs and to reduce conflict". The same could be said, we'd suggest, of nearly every case in Australia's family court system