{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

{Do This} A photo-a-day keeps the memories alive

A few years ago I began completing a photo-a-day challenge in a couple of months of each year. Usually I choose a month towards the end of the year and one in the middle.

It captures one little moment every day in our family for one whole month. Sometimes they are happy. Sometimes they are boring. Sometimes they are sad. But they are always US.

It is funny the little things you forget. The moments you wouldn’t remember without these images.

It makes me grateful. It reminds me of the special times. It encourages me to capture memories to pass onto my daughters.

I really cannot encourage you enough to do this. It is something that makes you smile. It is something the future you will be thankful that you started.

Here are a couple of the images I have captured over the last few years. They are my legacy.

"1 July 2014: Audrey, you are the sunshine on my rainy days. While you are mischief and naughtiness in one tiny little package, you are also the definition of fun, laugher and attitude. You are strong and stubborn. You are caring and hilarious. You smile with your whole body. You draw on walls. You lick things you shouldn’t. You teach us patience. You are perfection. You are so very, deeply loved."

1 July 2014: Audrey, you are the sunshine on my rainy days. While you are mischief and naughtiness in one tiny little package, you are also the definition of fun, laugher and attitude. You are strong and stubborn.  You are caring and hilarious. You smile with your whole body. You draw on walls. You lick things you shouldn’t. You teach us patience. You are perfection. You are so very, deeply loved.

29 December 2013: Some moments are just absolute bliss. A perfect instant that shows actual true love. This is that moment. A quiet time, a peaceful time. Two best friends together in their own private moment - enjoyed and captured by their very proud mummy.

29 December 2013: Some moments are just absolute bliss. A perfect instant that shows actual true love. This is that moment. A quiet time, a peaceful time. Two best friends together in their own private moment – enjoyed and captured by their very proud mummy.

5 June 2013 - When you feed a baby, just for a little while the world stops. You are connected together. I know in the not to distant future my Audrey will long to be independent, she will want to feed herself, and the way she looks at me during a feed will just be a memory. Until that time, I will spend my days staring straight back at her.

5 June 2013: When you feed a baby, just for a little while the world stops. You are connected together. I know in the not to distant future my Audrey will long to be independent, she will want to feed herself, and the way she looks at me during a feed will just be a memory. Until that time, I will spend my days staring straight back at her.

This is what happens when your 14 months old and mother nature is so mean that she made it rain on the day after you got your new play equipment. You can see your new toys outside through the window. Mummy says your not allowed to go into the rain and play. You don't understand why. So you just cry. Because you can.

12 December 2011:  This is what happens when you’re 14 months old and mother nature is so mean that she made it rain on the day after you got your new play equipment. You can see your new toys outside through the window. Mummy says your not allowed to go into the rain and play. You don’t understand why. So you just cry. Because you can.

7 December 2011 - Christmas has always been my favourite time of the year, but this year is just a little bit more special. Our little girl is old enough now to really enjoy the whole experience. She thinks that Gamma and Grandpop's lights are just the best thing. We pull up in the street and she just says "wow, wow, priddy, priddy,(pretty) wow" so much that she doesn't even breathe properly. This photo is so special to me because it shows my two favourite people enjoying a gorgeous moment together..

7 December 2011: Christmas has always been my favourite time of the year, but this year is just a little bit more special. Our little girl is old enough now to really enjoy the whole experience. She thinks that Gamma and Grandpop’s lights are just the best thing. We pull up in the street and she just says “wow, wow, priddy, priddy,(pretty) wow” so much that she doesn’t even breathe properly. This photo is so special to me because it shows my two favourite people enjoying a gorgeous moment together.

Nesters, try it. It is entirely worth it xo