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When a couple decides to separate, decisions of course must be made about the division or disposal of assets and liabilities.

For some, the stakes and/or the emotions run so hot and high that nothing can be resolved without the assistance of Lawyers and Courts. For others, the mutual desire to keep things dignified and amicable can mean that they are able to work out how the division should be done without the need to consult a Lawyer at all. For the couples who are able to separate cooperatively therefore, the question begs, do we need to have anything documented at all and if so what are the options?

Generally, there are at least four reasons why formal Family Law documentation should be prepared and as for the documentation options, there are three choices to consider:

Reason #1 – No come back – Once proper Family Law documents are prepared and executed, each spouse is free to go off and live their life (make or break their fortune etc) without the need to be constantly looking over their shoulder in fear that their former partner might change their mind and start the legal processes for a re-division of the assets on more
advantageous terms.

Reason #2 – Enforceability – With proper documentation, both spouses are locked into the deal meaning neither can subsequently refuse to carry through with the required transactions (sale of the home, payment of money etc) nor suddenly introduce additional demands (more money etc) in return for their continued cooperation to carry out the terms of the deal.

Reason #3 – Stamp Duty Exemptions and Capital Gains Tax (CGT) Rollover – If the family home or an investment property is to be transferred into one spouse’s name alone, that transfer is stamp duty free (saving $000’s) if it is done pursuant to a recognised Family Law Agreement. CGT is not charged on the transfer/sale of personal residences but for investment properties, even a transfer between the spouses will trigger an immediate obligation for payment of CGT (which can run to $000’s) if there is no recognised Family Law Agreement in place*.

Reason #4 – Superannuation Splits – If the deal involves one spouse transferring part of their personal accumulated superannuation account to the other spouse, that transfer can only happen if authorised by proper Family Law documentation.

If readers of this article are interested to know about the documentation options for a properly recognised Family Law property division agreement, please feel free to go to our website www.zandelaw.com.au for the balance of this article.

*Importantly though, the tax liability carries forward with the property (it is not zeroed out) and consequently will still be payable if/when that property is subsequently sold at any time in the future.

Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 25 years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes. To contact Michael for advice, phone 3385 0999.

The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.

Dear Alice,
My name is Greg and I live locally with my partner and our blended family. I’m in finance and my partner is a Nurse. We have very different attitudes to money, which has never been a problem until now. My partner has received a sizeable inheritance from her grandmother and she has been wasting it on going out and buying toys for the kids. I want her to invest the money but she just blows me off when I talk to her about it. I’m like the grumpy old man, outcast from the family. Sometimes I feel like we’re on two different planets. I don’t know how to make her see my side. Cheers.

Hi Greg,
Thank you for writing in! Seems like the old “opposites attract” principle worked for you two. Visualise your relationship as a complete circle, the Ying and Yang, both parties contributions are required to make a whole. In order to remain functioning at a consistent level, both parties need to stay in their lane. It sounds like you are the logical one, focused on building wealth for the future, and your partner is the emotional one, choosing to embrace life and enjoy what you’ve got today. Neither of those perspectives are inherently flawed and both are equally valuable, which is why it has never been a problem before. Unfortunately it is not fair to expect someone to change their ways when it does not suit you. I’m sure that your partners laissez-faire attitude was a part of the initial attraction; if your partner suddenly became logical, would that attraction remain? In a society that seems to undervalue compassion, I would challenge you to be the fan to ignite your partners flame, instead of being the wet blanket that brings her down. Frankly speaking, it is her money and your right to dictate how it is spent is going to be questionable. In all honesty though, I believe you could both win in this situation. Consider a budget of say, 70/30 or 50/50, use some to invest and some to spend now. Once you work out your ideal budget, consider a pitch that will entice your partners emotions. Explain in detail how you plan to use the money in the future, for example: Imagine being able to buy that darling house we love or, let’s retire early and travel the French countryside. Make the dreams tangible and realistic, use your partners emotional language to communicate the reasons why you believe investing is the right choice. Highlight the win-win opportunity. Fan the flames and be grateful that they want to make life enjoyable today, at the same time explain that you want the ride to last as long as possible. By using common language to communicate your vision, you will demystify the abstract and have more opportunities to get on the same page. You need to consider how the listener is going to receive your message. Perhaps your partner’s mind shuts down when you talk about interest rates and term deposits but lights up when you mention planning a holiday to Europe. Maybe they don’t need to know how you’re going to make it happen, that’s your lane and that’s why they chose you. Just be careful about using words that can be belittling like “wasting money”; because it sounds like both your children are benefiting from the short term gains, and let’s face it, everyone needs to have some fun here and there. In regard to feeling like an outsider, perhaps it would be beneficial to spend more time with other blokes in the community; try attending your local chapter of Men’s Shed, find out more at www.mensshed.org. Lastly, if you ever want to have a confidential chat, or want to find other professionals to support you, give Mensline a call on 1300789978. Good luck planning your future, just don’t forget to enjoy it along the way.

We Remember 1918-2018

One hundred years ago, on 11 November 1918, four bloody years of brutal conflict came to an end. Almost 62,000 Australians died fighting for our freedom and in service of our nation in WWI.

As a celebration of this significant event in our history, the Mango Hill Progress Association has proudly organised the Mango Hill Armistice Centenary Festival for the entire community to come together and celebrate.

This Festival is a free family orientated event that will commemorate the Centenary of the Armistice of 11/11/1918 that led to the cessation of fighting on the Western front to end World War I.

Chris Whiting, MP for Bancroft, said that “The signing of the Armistice on 11 November 1918 brought an end to the horrors of the First World War, and I am pleased that the Mango Hill Progress Association has been chosen to help our community commemorate the centenary.

“The Mango Hill Progress Association have a history of running great events for our community, and I have no doubt that the Armistice Day Festival will be another event that is embraced by the local community.

“The Mango Hill Progress Association has been granted nearly $10,000 in funding from the Queensland Government to run their Centenary of Armistice Day Festival.

“The funding for this festival will allow our community to better commemorate our service men and women,” Chris Whiting said.

Laurence Christie, Mango Hill Progress Association President said that the event will provide an opportunity for the local community to remember and commemorate the final months of the First World War.

“We will have period music, static displays and other entertainment to provide an enjoyable experience for the entire family,” Mr Christie said.

The Festival will feature free rides for kids, a re-enactment of the actual signing of the Armistice by students of Grace College in an official Ceremony, a theatre presentation of the “Journey of a Bugle through WW1”, participation of Army Cadet Unit, re-enactors in Period Uniform and period musical entertainment by Fin Taylor’s WW1 Ensemble.

Ringing of the Bells: At 7.00pm at the very moment that was 11.00am on the Western Front, 150 Bells will chime out over Danzy Buchanan Park to replicate the Bells chiming out of the Churches of Europe at that time and the Guns falling silent to end the fighting. Shortly after at 7.05pm, KC’s Fireworks Spectacular Finale will light up the night sky as a Celebration of the end of WW1.

Join in on Sunday 11th November, from 2pm at Danzy Buchanan Park, Mango Hill Village.

Mango Hill State School in Queensland has claimed the top award in the biggest performing arts festival for schools in Australia!

Wakakirri is Australia’s largest performing arts event for primary and secondary schools. This year’s search for the Story of the Year saw 240 schools hit the stage at 40 events at professional theatres around the country.

Mango Hill State School took out Story of the Year with their inspiring performance ‘What About the Children?’, in which a young boy discovers a way to make a difference when he learns about children who have been left homeless after a hurricane in Haiti. This was the school’s fifth year participating in Wakakirri and their first time winning Story of the Year.

Mango Hill showed everyone that they too can become a “helping hero” in a performance the Wakakirri National Panel called “visually and creatively sensational”. The students also became real life helping heroes, dancing for donations just like the characters in their story and donating money raised to the Save The Children Foundation.

Big stories about big issues have been at the forefront of Wakakirri this year. Popular themes explored by students have included reconciliation, environmental conservation and mental health.
Wakakirri provides a platform for thousands of students to tell stories that explore their thoughts, ideas and aspirations through dance and drama.

Other national winners in Wakakirri’s Primary Challenge include Carranballac P-9 College, Seaforth Public School, Sacred Heart Primary School Thornlie, St Philip’s Christian College Gosford, Torrens Primary School, Enoggera State School, Jells Park Primary School, Rose Park Primary School and Richmond North Public School.

In the Secondary Challenge, New South Wales school Tuggerah Lakes Secondary College Tumbi Umbi Campus took out Story of the Year for their stirring interpretation of John Marsden’s ‘The
Rabbits’ .

The Wakakirri Story Dance Challenge will return in 2019. Registrations open now, see website for details: www.wakakirri.com

Rethink Waste, let’s get it sorted!

To recycle and save more resources, we need to rethink how we generate waste and sort unwanted items at home or work.

The major Waste Facilities at Bunya, Caboolture, Dakabin and Redcliffe accept sorted materials including donated indoor or outdoor items. For a full list of accepted waste items refer to: www.moretonbay.qld.gov.au/waste/facilities

Did you know you can recycle more items locally?

10 cent refund or donation of single use drink containers commences 1 November in QLD and more information will be available on the QLD Government website: www.qld.gov.au/environment/pollution/management/waste/container-refund and COEX Container Exchange are implementing the program: http://containerexchange.com.au

Council provides free activities and tours for residents in October and November to celebrate National Recycling Week. For more information and to book online, view www.moretonbay.qld.gov.au/recyclingweek or contact Council on 3205 0555.

Queensland’s Container Refund scheme starts on 1 November and Chris Whiting MP is urging all locals and community groups to familiarise themselves with the scheme.

“The Palaszczuk Government is committed to reducing the amount of plastic pollution in our environment.

“In Queensland we use about three billion containers every year, and they make up a large part of the litter across the state, despite the fact they can be easily recycled.

“Our Container Refund Scheme will encourage Queenslanders to recycle plastic with a 10c refund payment,” Chris Whiting said.

Local community, sporting and charitable groups can also benefit from the new scheme, either by collecting containers themselves, or registering to allow people to donate their refund to their group.

“I encourage all of the many fantastic groups across the Bancroft electorate to register their group, so that locals can choose to help out by donating their refund to them,”

“We are also working with P&Cs Queensland to enable schools to benefit by becoming a collection point, if they wish,” said Chris Whiting.

The Queensland scheme will run on a not-for-profit basis, and has been developed following extensive consultation with the community and other stakeholders.

Local collection points will be in Rothwell, Burpengary, Morayfield, Kallangur, Redcliffe, and Caboolture, for more information on where you can deposit your containers visit: www.containersforchange.com.au/where-can-i-return

For more information on registering your not-for-profit to receive donations visit: www.containersforchange.com.au/community-groups-and-charities

The Queensland Police Service (QPS) has once again claimed victory in the Red Cross Blood Service Queensland Emergency Services Challenge, making the highest overall number of donations.

From June to August, the QPS, Queensland Fire and Emergency Services (QFES) and Queensland Ambulance Service (QAS) competed against each other to see who could save the most lives through blood donations.’

The QPS surpassed the target of 650 donations, saving 2034 lives with 678 donations. QFES closely followed with 449 donations and the QAS finished third, making 253 donations. Across the three agencies, an impressive 4122 lives were saved.

Congratulations to all who donated blood throughout the challenge.

Want to donate? Visit donateblood.com.au or phone 1800 886 524 to book an appointment.

Remember, donating blood takes a short amount of time, but can make a lifetime of difference for someone else.

Redcliffe will be the place to be this Summer, with a massive new inflatable water park under construction and en route for the Peninsula!

Moreton Bay Regional Mayor Allan Sutherland said he was surprised to see the Gold Coast let the expert team at Aqua Splash go, but added Redcliffe is ready and raring to go.

“It was my wish last Christmas to have the inflatable water park operating on our foreshore however the state election and some regulatory roadblocks pushed that goalpost back, but good things come to those who wait,” he said.

“Doubly exciting are the employment opportunities that will come with this new tourism infrastructure, up to forty lifesaving jobs are now up for grabs.

“This project is a key component of our Redcliffe Foreshore Master Plan and Activation Strategy, which reflects calls from residents, visitors and businesses for new opportunities along our beaches and seaside parks.

“Council’s resolve to creating new job and economic growth opportunities in Moreton Bay is unwavering and we’ll keep thinking outside the box to get even more exciting projects underway right across our amazing region.”

Division 6 Councillor Koliana Winchester said it would make Redcliffe a ‘must visit’ destination these holidays. “For every southeast Queensland family who has memories of holidaying on the Peninsula, this is an excuse to relive some nostalgia and make brand new memories with the kids,” she said.

“I can’t wait to see this impressive piece of aquatic infrastructure floating off our foreshore, which will create new opportunities for other businesses in the area.

“I will be asking our strategic planning team to restructure our Foreshore Food Truck Trial to leverage of this new attraction and generate a new sense of vibrancy that will be felt right
around town.

“Overwhelmingly locals, businesses and visitors have told us that they want an inflatable water park in Redcliffe, so I think Aqua Splash tickets will be the hottest stocking fillers this Christmas.”

Aqua Splash CEO Matthew Devine said it was great value family fun, with tickets starting at $15.

“We’re on track to be open just in time for school break-up parties and Christmas celebrations,” he said.

“So our recruitment drive starts now and we’re hoping all our new recruits are locals, if you have lifesaving experience and want to make some good money over the Christmas break, get in touch at: www.aquasplash.com.au and then click on to our careers page.

“I’m looking forward to working with existing Redcliffe businesses to create new local opportunities, particularly food options for kids fatigued from hours of aquatic play.”

According to the Aqua Splash website, www.aquasplash.com.au the inflatable water park will be open for business on the 3rd of November.

Although not everyone celebrates Halloween, it is becoming increasingly popular to take your monsters and mummies out on the streets, demanding sweet treats!

To help you indicate whether you would enjoy a knock on the door come October 31, the Queensland Police Service has created these handy posters which you can use to thwart the witches and wizards or invite them in!

You can download a colour copy of the trick or treaters welcome here poster here, or a black and white copy here.

You can also download a copy of the no thanks poster here.

Whilst we all love a good scare and enjoy the kooky, spooky and altogether ooky-ness of Halloween, the safety of children is paramount.

To make sure your Halloween doesn’t become a nightmare, trick or treaters should:

• Be accompanied by an adult monster at all times (or a responsible witch, ghost or vampire);
• Always walk, not run, between houses and stick to the footpath rather than the road;
• Wear bright colours to enhance your visibility to passing motorists;
• Never enter a stranger’s house, even if they have invited you in after knocking on their door; and
• Consider joining your friends on a neighbourhood adventure – there is safety in numbers for little witches and ghouls.

Happy Halloween!