{The Legal Nest} What am I worth?

Today our Legal advice contributor James Horsburgh, Solicitor and Director from McIntosh McPhillamy & Co in Bathurst talks all things Family Law Property Settlement.

James has over 10 years experience and practices primarily in the areas of Family law, Criminal law and litigation. He is a Law Society Accredited Specialist in Family Law, essentially making him an expert in that field.

James is married and has two children. He is extensively involved in the local community and loves fighting the good fight.
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PROPERTY SETTLEMENT – WHAT IS A CONTRIBUTION?

Have you ever wondered how the Courts determine what your contributions are worth when deciding on a property settlement? Well, the Courts take many things into consideration. money tree

Contributions are assessed during three (3) stages of the relationship, these are:

  1. Contributions prior to the commencement of the relationship.
  2. Contributions made during the relationship.
  3. Contributions made after separation.

A question I am often asked is, does the court just look at financial contributions? The answer is no. Ultimately the court looks at three (3) types of contributions, these are:

  1. Financial Contributions
    • E.g a party’s earnings, or money or other assets brought into the relationship.
  2. Non-financial contributions
    • Contributions made directly or indirectly, by or on behalf of a party, to the acquisition, conservation or improvement of any of the property that the parties have.
  3. Contributions to the welfare of the family
    • Contributions made by either party in their capacity as homemaker or parent.

The significance or the weight which is afforded to any particular contribution is a matter for the court. However, in reaching an outcome which is fair and reasonable, it is not sufficient to say that “I have paid for everything, he/she should get nothing!”.

If you want more information about the contributions that you have made to your relationship, please do not hesitate to contact James at McIntosh McPhillamy & Co on 6331 1533 or email him directly at jhorsburgh@mcmc.com.au

James blog

{The Nest Rant} To the super helpful 20-something…

| R A N T W A R N I N G |

This is to the SUPER helpful 20-something that told me yesterday in the supermarket that I “shouldn’t be SO stressed with my three little girls because her brother works fulltime, has four kids and handles it just fine”. Well woo-fucking-hoo.

You know what you tiny, clean, non-pelvic-floor-compromised person GET FUCKED. Don’t judge me, until you have walked in my shoes you don’t get an opinion. I have kept three little humans alive. Plus, they even usually use their manners. Like yesterday when they didn’t tell you to mind your own goddamn business.

I have pushed three children (including one just under five kilograms) out my very own vagine. My body has fed them. My brain has taught them. My mind has nurtured them. My heart loves them. So, if I’m a little stressed you don’t know what got me to that point.

Your brother might be doing a fantastic job and good on him, but I am doing my goddamn best and some days we eat spaghetti on toast for dinner. Whoa! I know that must be devastating to hear to a judgmental know-it-all like yourself.

You know what, I get to wake up everyday and see what it is like to be loved by a tiny squad of people I made myself and you have EXACTLY no idea how good that feels.

It may have been my choice to have children, but babez, it is also my choice not to listen to you and your small mindedness.parent3

End rant.