Assisting your client with their family law matter

N:William SloanMarketingAssisting your client with their family law matter.docx 11/06/2020 11:33 AM
Assisting your client with their family law
matter
In the course of your work as an accountant you may encounter clients who tell you they have
separated from their partner (married or de facto).
In the early stages of a family law matter, there is a need for clients to assemble a set of information
and documents relating to their circumstances.
This guide is divided into the following broad parts:
• Documents which you might already hold and which the client will likely need for their family law
matter.
• Matters you may wish to discuss and review with your client given their changed circumstances
following separation.
• Documents the client might hold which they will likely need for their family law matter (over and
above the documents held by you).
With this material assembled, the client’s appointment with their family lawyer is likely to be much
more productive.
Documents accountant may be able to assist with compiling ...............................................................3
Individual tax returns..........................................................................................................................3
Group diagram....................................................................................................................................3
Company.............................................................................................................................................3
Trust....................................................................................................................................................3
Partnership..........................................................................................................................................4
Sole trader...........................................................................................................................................4
Self-managed superannuation fund ...................................................................................................4
Matters client & accountant may wish to consider................................................................................5
Trust Deeds.........................................................................................................................................5
Binding death benefit nomination (superannuation).........................................................................5
Life insurance......................................................................................................................................5
Documents to be compiled by client ......................................................................................................6
Identification.......................................................................................................................................6
Marriage certificate ............................................................................................................................6
Children’s birth certificates.................................................................................................................6
Citizenship certificate..........................................................................................................................6
Financial Agreement...........................................................................................................................6
Divorce certificate...............................................................................................................................6

Assisting your client with their family law matter
N:William SloanMarketingAssisting your client with their family law matter.docx 11/06/2020 11:33 AM 2
Family Dispute Resolution certificate .................................................................................................6
Child Support Assessment ..................................................................................................................6
Family Court documents.....................................................................................................................6
Other superannuation ........................................................................................................................7
Will......................................................................................................................................................7
Property held as joint tenant..............................................................................................................7
Enduring power of attorney................................................................................................................8
Further information ................................................................................................................................9

Documents accountant may be able to assist with compiling
Individual tax returns
Please provide:
• 2019 Individual Tax Return1
• 2018 Individual Tax Return
• 2017 Individual Tax Return
Group diagram
If you have a diagram showing the relationship between the various entities in the client’s Group,
please provide a copy of that diagram.
Company
For each company the client is involved with2
, please provide:
• Most recent annual Company Statement received from ASIC
• Constitution
• 2019 Financial Statements3
• 2019 Tax Return4
• 2018 Financial Statements
• 2018 Tax Return
• 2017 Tax Return
Trust
For each trust the client is involved with5
, please provide:
• Deed establishing the Trust
• Any subsequent Deeds amending the Trust
• A copy of the client’s Will (only if it contains a clause appointing someone to succeed them
as Guardian and/or Appointor of the Trust)
• For unit trusts only: register of unit holders
• 2018 Tax Return
• 2017 Tax Return
1
If 2019 has not yet been completed, please provide 2016 instead
2
As a shareholder or director
3
4
5
As an guardian, appointor, trustee or beneficiary
6
7

Partnership
For each partnership the client is involved with, please provide:
• Written partnership agreement (if there is one)
• 2018 Tax Return
• 2017 Tax Return
Sole trader
If the client is carrying on business as a sole trader, please provide:
• Printout of the details from the Australian Business Register10
Self-managed superannuation fund
For each self-managed superannuation fund the client is a member of, please provide:
• Deed establishing the Fund
• Any subsequent Deeds amending the Fund
• 2019 Annual Return lodged with ATO13
• 2018 Annual Return lodged with ATO
• 2017 Annual Return lodged with ATO
• Death Benefit Nominations (if any have been made)
8
9
10
Available using the “ABN Lookup” tool at https://abr.business.gov.au/
11
12
13

Matters client & accountant may wish to consider
Trust Deeds
Is the client’s former partner named as the person to succeed them as the Trustee, Guardian and/or
Appointor of a Trust? The client may wish to consider whether the Deed permits them to nominate
someone else.
Binding death benefit nomination (superannuation)
Life insurance
Is the client’s former partner named as the beneficiary of the client’s life insurance policy? The
client may wish to consider reviewing their policy.
Have you made a
DBN?
Yes
Who is the
beneficiary?
Former partner
Review DBN
Retail fund:
contact the fund
Seld managed
fund: contact
accountant
Someone else
No further action
required
No
Make a DBN
Retail fund:
contact the fund
Self managed
fund: contact
accountant

Documents to be compiled by client
Identification
Please bring one form of original photographic identification to your first appointment:
• Western Australian driver’s licence with photograph; or
• Australia passport
Marriage certificate
If you were married, please provide a copy of your marriage certificate.14
Children’s birth certificates
If you were in a de facto relationship, please provide a copy of the birth certificate for each of your
children.15
(If you were married, there is no need to provide children’s birth certificates.)
Citizenship certificate
If you were married, please provide a copy of your Australian citizenship certificate.16
(If you were in a de facto relationship, there is no need to provide a citizenship certificate.)
Financial Agreement
If you have made a Financial Agreement17
, please provide a copy.
Divorce certificate
If a divorce has already been granted, please provide a copy of your divorce certificate.
Family Dispute Resolution certificate
If you have received a Certificate from a Family Dispute Resolution Practitioner, please provide a
copy.
Child Support Assessment
If an Assessment of child support has been issued, please provide a copy of the most recent
Assessment.18
Family Court documents
If you have an existing case before the Family Court, please provide copies of all documents that
have been filed with the Court. This includes:
• documents you have filed
• documents your former partner has filed
• documents issued by the Court.
14
Certificates for marriages in Western Australia are available from the Registry of Births, Deaths and
Marriages https://bdm.justice.wa.gov.au/
15
Certificates for children born in Western Australia are available from the Registry of Births, Deaths and
Marriages https://bdm.justice.wa.gov.au/
16
If you have not been granted Australian citizenship, please provide a copy of your passport showing the date
and basis of your entry to Australia.
17
Sometimes also described as a “Pre-Nuptial Agreement” or similar
18
Available by logging in at https://www.servicesaustralia.gov.au/

Other superannuation
If you are a member of another superannuation fund (other than a self-managed fund), please
provide:
• 30 June 2019 Annual Statement received from the fund
Will
Wills and estate planning is not an area of work we undertake:
• If you have an existing Will, the lawyer who prepared it may be able to assist you in
reviewing it.
• If you need a referral, please let us know.
Property held as joint tenant
Do you hold property as a joint tenant? If so, in the event of your death that property will pass to
your survivor (and will not form part of your estate). You may wish to consider converting the
ownership to tenants in common.
Do you have a
Will?
Yes
Have you reviewed
your Will since
separation?
No
Review Will
Yes
Have you reviewed
your Will since
divorce?
Yes
No further action
required
No
Review Will
No
Get a Will

Enduring power of attorney
If you lose capacity, the person holding an Enduring Power of Attorney (your Attorney) is eligible to
be recognised as your “Case Guardian” in the Family Court. As your Case Guardian they have power
to commence or continue a case in the Family Court on your behalf.
Do you have an
EPA?
Yes
Have you reviewed
your EPA since
separation?
No
Review EPA
Yes
No further action
required
No
Get an EPA

Further information
This checklist is intended to provide general information to assist in preparing for an appointment
with a family lawyer.
If you would like further information, please contact:
William Sloan
Director
Kim Wilson & Co
Telephone: (08) 6380 3900
Email: william.sloan@kimwilson.com.au

Disclaimer
The material in this document is for general information purposes only and should not be construed
as legal advice, legal opinion or any other advice on any specific facts or circumstances. Readers should
not act or refrain from acting upon this information without seeking professional advice. Transmission
of information in this document is not intended to create, and receipt does not constitute, a lawyer-
client relationship between the sender and receiver.
The information in this document is subject to change without notice. Although we try to keep our
material current and accurate, you should not rely on this information or its applicability to any specific
circumstances without first seeking professional advice. The information in this document should in
no way be taken as an indication of future developments or results. We make no warranties,
representations, or claims of any kind concerning the information available in this document. We
expressly disclaim all liability to any person in respect of the consequences of anything done or
omitted to be done wholly or partly in reliance upon the use or contents of this document.

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