Family Law Foundations: Navigating Thorny Issues in Property Settlements – 5 program on-demand webinar series

Program 1: Financial Literacy: Key Skills for Junior Family Lawyers

Like it or not, being a family lawyer requires you to have at least a basic understanding of accounting and finance. Property settlements will require the division of property and debts as between the parties and these settlements can range from the relatively straightforward division of assets and apportionment of debts to complex structures involving corporate entities and trusts.  This practical session will assist junior family lawyers develop their financial literacy in the following areas:

• Basic principles of finance – what do you need to be across?
• Understanding your client’s financial circumstances and asset structures, with a spotlight on corporations and trusts
• The role of existing debt, including credit cards, personal loans and other liabilities
• Identifying key financial metrics and how to interpret them
• Practical case studies

Program 2: Diving Deeper into the Asset Pool: Addbacks and Wastage in Property Settlements

In some matters it may be necessary for the court to make an adjustment, by way of an add back, to be made to the asset pool if a party wastes or improperly deals with certain assets or financial contributions.  The question of whether an addback is appropriate will depend on a number of factors.  This session will introduce attendees to the concept of add backs and their practical application, including:

• When can a client apply for an addback?
• Why would the court consider an addback?
• Is an addback the exception or the rule when it comes to wastage and improper dealings with the asset pool?
• The steps to be considered by the court when applying add backs
• Alternative approaches to addbacks early on in proceedings
• Lessons from key cases

Program 3: Strategic Advice: Key Considerations in Drafting Property Settlement Letters

There is no hard and fast formula to be used when dividing property and finances in a property settlement.  The letter of advice is a key element in assisting your client to negotiate an appropriate property settlement.  It’s also an opportunity for you, the lawyer, to document any reservations you may have about the settlement, especially if later attempts are made to have it overturned.  This session will unpack issues relevant when advising your client on their property settlement, including:

• Explaining the benefits of negotiating a mutually acceptable settlement during the early stages of family law proceedings.
• The principles applied by a court when it is required to decide how to divide property.
• Identifying issues arising from your instructions and formulating appropriate settlement outcomes.
• Managing your client’s expectations: quelling the common myths of property settlements
• Tips on drafting consent orders

Program 4: Courting Success: Preparing for Interim and Final Hearings in Property Settlement Matters

Navigating the complexities of property settlement hearings is a critical skill for junior family lawyers. When parties cannot reach a mutual resolution, thorough preparation for both interim and final hearings becomes essential. This webinar will guide you through key considerations to ensure you are fully prepared for court. Key topics include:

• Navigating the typical types, duration and implications of interim property orders
• Developing effective strategies to prepare for final hearings
• Tips and techniques for drafting orders that are clear, precise, and enforceable
• The essentials of compiling comprehensive and organized court books
• Strategies for managing your client’s expectations regarding the purpose, process, and costs of interim and final hearings
• Spotlight on Spousal Maintenance Claims - a focused look at handling spousal maintenance claims within the property settlement process

Program 5: Family Violence, Coercive Control and Property Settlements

An unfortunate reality of working in the family law space is working with clients affected by family violence.  Maintaining an understanding of the current laws and sociological research on family violence is critical in order to properly advise affected clients.  This session will help practitioners navigate the complexities and sensitivities of working with clients affected by family violence, and provide insights into how family violence can impact property settlements, including:

• Defining and identifying family violence, including coercive control
• Perpetrator, victim or both?  Understanding the psychology of family violence
• The overarching principles when working with a client affected by family violence
• Impact of future reforms on property settlement matters – how do they differ from Kennon?
• How are courts to assess the effect of family violence and abuse? What evidence will be required?
• What are the practical impacts of the changes on running a case?