IDEAS/COMMENTS FAMILY LAW - PARENTING & CONTACT ORDERS - PROTECTION ORDERS Family breakups are a very emotional time for all concerned. It is important that the children's needs are met and that both parents continue to have a relationship with their children. This can be achieved by good parenting orders through the Family Court or simply by a written agreement which takes into consideration the children's need to continue to see both of their parents. There are also, unfortunately situations where violence (which includes physical and psychological abuse) is present and the parent responsible needs to be restrained from having contact until they accept that their behaviour is unacceptable and not in the best interests of their children. Children need to be protected and not exposed to violence in any form. If these situations apply to you and you want assistance then do not hesitate to telephone to make an appointment. NEW ZEALAND AS AN INVESTMENT OPPORTUNITY If you are visting my website looking to invest or buy property in New Zealand whether it be a dwelling, farms or apartments then please contact me and I can assist you in making the right connections through existing clients and business relationships. FAMILY TRUSTS - RELATIONSHIP PROPERTY - ESTATE PLANNING A Family Trust serves many purposes and it is becoming more evident that following the social engineering that was the Property (Relationships) Act 1976 that you need to give consideration to having a Family Trust where you have children or have assets that you want to protect for a time when you see yourself having children. There may also be situations where you may want to protect your assets for your grandchildren. You clearly do not need to be married or in a relationship right now for a Family Trust to be considered as an option for you. If your children have their own trust then you may need to revise your wills and the benefit of leaving your children's share in your estate directly to their Trust. Cost is a factor. It however needs to be weighed up against the real benefit. I am quite happy to discuss with you whether a Trust is for you and to answer any questions you may have. RELATIONSHIP PROPERTY - Inequality between partners. There is now a recent decision from the English Courts which recognised that a person who stays at home has a right to be compensated on settlement of Property. In New Zealand Section 15 of the Property Relationships Act 1976 was introduced to address issues of inequality between partners following a breakdown of their relationship. The section empowers the Court, following a division of relationship property, to compensate a spouse/partner if his or her living standards and income will be significantly less than the other party because of the division of functions in the relationship. Why? The intention behind the section is to recognise that one partner may be economically disadvantaged as a result of a relationship ending because of the division of functions during the relationship. That disadvantage will not be overcome by an equal division of relationship property. When Will It Apply? The section will apply where there is a real and significant difference between the respective income and living standards of each partner. The disparity must arise from the division of functions in the relationship and not, for example, from a difference in earning capacities which existed before the relationship began. The most typical circumstance will be where one party compromises a career to look after children and/or to assist a high flying partner to increase his or her earning capacity. Finally for an award to be made, there must be circumstances which convince the Judge that it is just to compensate the disadvantaged party. In considering whether it is just to make an award, a Judge will usually consider factors such as: • The length of the relationship; • The length of the career break; • The length of time required to rectify the break in career path; • The position of the children now and in the future; • The career possibilities available to the disadvantaged person; and • The amount of property available for division. While this section has not and will not produce a flood of claims, it is important that the circumstances of each possible claimant are considered at the point of separation. A departing partner who treats the other partner of lesser means with consideration and kindness following the separation may well be limiting the chance of a successful claim being made against him or her. Ongoing support following a separation through assistance with housing or voluntary maintenance payments will certainly influence the Court in the exercise of its discretion. In reality, the partner providing the assistance is already recognising the economic disadvantages which have flowed from the separation. A successful award of compensation can result in a significant payment. One recent court decision, in recognising the economic disparity, made an adjustment to the division of assets of $75,000.00. LIMITED LICENCES - getting a work licence With the police actively chasing the speeding driver in an attempt to keep the road toll down, many drivers are being faced with disqualification for having over 100 demerit points. The Courts will grant a licence to enable you to drive to and from work, for work and in some instances family related activities (including allowing driving to enable a parent to comply with parenting/contact orders) provided you meet the tests set out in the legislation. The same test applies to those disqualified for drink driving and other driving offences for which you are disqualified from holding or obtaining a licence. For Demerit Point disqualifications there is no stand down period, unlike those disqualified for other offences where you cannot apply for a licence for a period of 28 days after the disqualification comes into effect. However, the one difficulty you have with Demerit Point disqualifications is that once you pay the fine, you never know when the Transport Licencing Authorities agent will appear to serve you with the notice and take your licence from you. Your disqualification commences on service of the notice. This can be a problem. You can take steps to limit the impact of this instant disqualification. I can tell you how. If you are in this unfortuante situation and are looking for assitance then please contact me. I have in the past 23 years assisted many clients, from all walks of life, to get back on the road to allow them to continue to work and put bread on the table. If you cannot apply for a limited licence there exist circumstances in which you can apply to have the balance of your disqualification removed. Again if you are unsure then phone to make an appointment to get the right advice. ESTATE PLANNING - making sure your wishes are followed. You do need to give careful consideration as to how you might make provision for your Estate. The reality is that you need to take time, to put in place the provisions for proper administration of your Estate. If your will where ever to be challenged then the Courts are obliged to look at whether the Testator has discharged his or her moral duty to those entiltled to claim in the estate. The Law reports are littered with cases where wills have been challenged for all sorts of reasons. And it also does not seem to matter whether there is a lot of money in the estate or very little. You do not need to have a Family Trust to protect what you have for the present and future generations. There are Estate Planning devices available which in some cases provide as good a protection as a Trust. You just need to think outside the square. Phone me to make an appointment to discuss the options that best apply in your situation having regard to your family and the size and circumstances of your Estate.

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