1 00:00:10,760 --> 00:00:14,040 Speaker 1: Hello, and welcome to The Australian's Money Puzzle podcast. I'm 2 00:00:14,160 --> 00:00:17,959 Speaker 1: James Kirby. Welcome aboard everybody. I hope you've managed to 3 00:00:18,000 --> 00:00:21,759 Speaker 1: have a few days off over these rolling holidays Easter 4 00:00:22,400 --> 00:00:25,680 Speaker 1: and that day and everything else. And often at holiday 5 00:00:25,800 --> 00:00:28,720 Speaker 1: times we do something slightly different, which we will today, 6 00:00:28,760 --> 00:00:31,760 Speaker 1: but it is not in the nature of light entertainment. 7 00:00:31,800 --> 00:00:34,559 Speaker 1: If you want to figure out how to start your 8 00:00:34,560 --> 00:00:37,680 Speaker 1: classic car collection or how to build a wine collection, 9 00:00:38,080 --> 00:00:40,320 Speaker 1: we have done that. Have a look in the archive 10 00:00:40,400 --> 00:00:44,640 Speaker 1: that's waiting for you. Today. We're going to look at 11 00:00:44,800 --> 00:00:48,760 Speaker 1: the issue which I have seen so many times, literally 12 00:00:48,840 --> 00:00:54,760 Speaker 1: dictate the lifelong financial fortunes of an enormous amount of people. 13 00:00:56,160 --> 00:01:00,000 Speaker 1: And it's not super and it's not your house. It's divorced. 14 00:01:00,760 --> 00:01:03,560 Speaker 1: And I have a financial advisor who is a specialist 15 00:01:03,560 --> 00:01:06,600 Speaker 1: in the area. He's an independent financial advisor. He's been 16 00:01:06,640 --> 00:01:09,960 Speaker 1: on the show before. His name is Nathan Fradley from 17 00:01:10,000 --> 00:01:12,319 Speaker 1: Nathan Fradley Advice. And we're going to put you through. 18 00:01:12,440 --> 00:01:14,360 Speaker 1: We're going to put you through, We're going to take 19 00:01:14,400 --> 00:01:16,919 Speaker 1: you through this issue today. I want you, Nathan. 20 00:01:17,640 --> 00:01:19,080 Speaker 2: I'm great, thanks having me back on. 21 00:01:19,560 --> 00:01:24,559 Speaker 1: Delighted to have you back on Okay, It's something that 22 00:01:25,360 --> 00:01:31,720 Speaker 1: we can all pay enormous attention to building an investment 23 00:01:31,880 --> 00:01:37,200 Speaker 1: portfolio and optimizing our cash and everything else, interplay between 24 00:01:37,240 --> 00:01:40,320 Speaker 1: pensions and super whatever, which we talk about every day 25 00:01:40,360 --> 00:01:42,880 Speaker 1: on this show. We don't talk about divorce, And the 26 00:01:42,959 --> 00:01:46,360 Speaker 1: fact is that so many times people with their financial 27 00:01:46,400 --> 00:01:50,320 Speaker 1: world cut in half or more than that. So can 28 00:01:50,400 --> 00:01:53,480 Speaker 1: I ask you, and you deal in this area, and 29 00:01:53,520 --> 00:01:57,840 Speaker 1: you've built a reputation in this area, what are the 30 00:01:58,000 --> 00:02:04,840 Speaker 1: hidden traps? What are the outstandings mistakes that people from 31 00:02:05,240 --> 00:02:11,239 Speaker 1: either side other marriage make in this area financially, if. 32 00:02:11,120 --> 00:02:16,280 Speaker 3: We're looking at it during the divorce process, I'd say 33 00:02:17,240 --> 00:02:21,200 Speaker 3: divorce is probably the hardest thing that most people will 34 00:02:21,200 --> 00:02:23,440 Speaker 3: go through in their entire life. It's definitely the most expensive. 35 00:02:24,080 --> 00:02:27,239 Speaker 3: To your point, it is an empire killer from that realm. 36 00:02:27,280 --> 00:02:32,000 Speaker 3: But because it is lost and it's grief, people tend 37 00:02:32,240 --> 00:02:36,760 Speaker 3: to lose some of the rationality in the decision making. 38 00:02:38,000 --> 00:02:42,160 Speaker 3: They get stuck in sometimes a sense of justice. Sometimes 39 00:02:42,200 --> 00:02:44,040 Speaker 3: they are concept of I get my day in court. 40 00:02:44,680 --> 00:02:48,040 Speaker 3: Sometimes just someone gets in a third party gets in 41 00:02:48,040 --> 00:02:51,639 Speaker 3: an ear of one party. So I'd say that when 42 00:02:51,639 --> 00:02:55,720 Speaker 3: we're doing the financial aspect of a divorce process or 43 00:02:55,760 --> 00:03:01,880 Speaker 3: any separation, focusing on rational outcomes and what life is 44 00:03:01,919 --> 00:03:04,000 Speaker 3: going to be like afterwards instead of getting stuck on 45 00:03:04,080 --> 00:03:07,880 Speaker 3: what life could have been like or what happened. Generally 46 00:03:08,000 --> 00:03:12,000 Speaker 3: costs fifty percent less money and legal fees than six 47 00:03:12,040 --> 00:03:15,880 Speaker 3: months off the divorce proceedings. So I think when we 48 00:03:15,960 --> 00:03:19,519 Speaker 3: get great success in divorce process, most people think divorce. 49 00:03:19,520 --> 00:03:20,919 Speaker 2: They go, what's the set percentage? 50 00:03:20,960 --> 00:03:22,560 Speaker 3: How much do I get if they've lived with me 51 00:03:22,639 --> 00:03:23,520 Speaker 3: for two years? 52 00:03:23,800 --> 00:03:25,760 Speaker 2: What's the rule? There are no rules. 53 00:03:26,240 --> 00:03:27,120 Speaker 1: There are no rules. 54 00:03:27,280 --> 00:03:30,120 Speaker 3: Did you say in the sense of there's no hard 55 00:03:30,160 --> 00:03:33,040 Speaker 3: and fast and there's certain dates and court time frames 56 00:03:33,040 --> 00:03:34,960 Speaker 3: that need to be met and must be separated for 57 00:03:35,000 --> 00:03:36,680 Speaker 3: twelve months to get divorced and things like that. But 58 00:03:36,880 --> 00:03:40,640 Speaker 3: in terms of financial split, a divorce has a divorce 59 00:03:40,680 --> 00:03:44,360 Speaker 3: aspect of it, the legal aspect of set breaking that marriage. 60 00:03:44,480 --> 00:03:47,040 Speaker 3: It's also got a financial or property settlement, and then 61 00:03:47,080 --> 00:03:49,440 Speaker 3: if there's children, that's a child aspect, So the financial 62 00:03:49,440 --> 00:03:51,840 Speaker 3: aspect is separate from the divorces. 63 00:03:51,880 --> 00:03:54,320 Speaker 1: So yeah, we always think of divorce as lawyers right 64 00:03:54,360 --> 00:03:57,680 Speaker 1: on both sides, not financial advisors, and that is that 65 00:03:57,680 --> 00:03:58,520 Speaker 1: the reality too. 66 00:03:59,080 --> 00:04:02,200 Speaker 3: Yeah, what I'm doing in this space is very new, 67 00:04:02,480 --> 00:04:05,240 Speaker 3: and financial advisors historically when they've gotten involved, they get 68 00:04:05,240 --> 00:04:07,200 Speaker 3: involved after settlement things are done. 69 00:04:07,200 --> 00:04:08,360 Speaker 2: I've now got this pool of money. 70 00:04:08,400 --> 00:04:08,840 Speaker 3: What do I do? 71 00:04:09,360 --> 00:04:10,280 Speaker 2: But when we look at the. 72 00:04:10,280 --> 00:04:14,200 Speaker 3: Really successful processes, two people who decide they're not going 73 00:04:14,240 --> 00:04:18,120 Speaker 3: to continue in a relationship together before lawyers get involved, 74 00:04:18,160 --> 00:04:20,320 Speaker 3: although you should always get them involved at some point 75 00:04:21,320 --> 00:04:24,640 Speaker 3: before they're even involved, you can have discussions which can 76 00:04:24,680 --> 00:04:27,880 Speaker 3: then turn into mediations, which can then turn into lawyer 77 00:04:27,960 --> 00:04:32,400 Speaker 3: led mediations before a court tells you this is the outcome. 78 00:04:33,000 --> 00:04:37,720 Speaker 1: That would require. I expect this would for balance, This 79 00:04:37,760 --> 00:04:40,800 Speaker 1: would require both parties having an advisor, and that would 80 00:04:40,839 --> 00:04:45,279 Speaker 1: require whatever way you cut it, it would demand a 81 00:04:45,320 --> 00:04:47,680 Speaker 1: certain amount of cash. Yeah. 82 00:04:48,560 --> 00:04:52,039 Speaker 3: Yes, So there's actually a form of separation called collaborative 83 00:04:52,040 --> 00:04:56,400 Speaker 3: divorce where you have two lawyers, a communication specialist that's 84 00:04:56,480 --> 00:05:00,839 Speaker 3: usually like a psychologist, and a financial neutral And it's 85 00:05:00,839 --> 00:05:04,240 Speaker 3: a fantastic process for the right people, but when you 86 00:05:04,279 --> 00:05:08,479 Speaker 3: have four professionals in the room, it can be increasingly expensive. 87 00:05:08,040 --> 00:05:11,800 Speaker 1: And is the financial persons supposed to carve it out 88 00:05:12,040 --> 00:05:15,680 Speaker 1: fairly financially between the two people getting divorced. 89 00:05:15,600 --> 00:05:16,679 Speaker 2: In collaborative divorces. 90 00:05:16,720 --> 00:05:21,119 Speaker 3: Their job is to equalize understanding, to ensure that there's 91 00:05:21,200 --> 00:05:24,240 Speaker 3: nothing missed that could be substantially detrimental in a separation. 92 00:05:24,920 --> 00:05:27,640 Speaker 3: So it's like catching things before they go wrong. But 93 00:05:27,720 --> 00:05:31,440 Speaker 3: they will never give advice to either party individually, even 94 00:05:31,480 --> 00:05:34,640 Speaker 3: after the divorce. They'll always refer out from that position there. 95 00:05:35,160 --> 00:05:37,159 Speaker 3: So there's one way that people can do it. But 96 00:05:37,520 --> 00:05:39,240 Speaker 3: in the work that I do, it's more working with 97 00:05:39,320 --> 00:05:41,800 Speaker 3: I often work with the financially disempowered person in the 98 00:05:41,839 --> 00:05:45,120 Speaker 3: relationship because often is the case that one person, as 99 00:05:45,160 --> 00:05:48,560 Speaker 3: we do with most jobs in relationships, one person takes. 100 00:05:48,400 --> 00:05:49,080 Speaker 1: Up the job. 101 00:05:49,200 --> 00:05:50,680 Speaker 2: I'll do the cooking, you do the washing. 102 00:05:51,360 --> 00:05:53,640 Speaker 3: I'll take care of the budgeting, and you can take 103 00:05:53,680 --> 00:05:56,360 Speaker 3: care of managing the kids, time tables, whatever it might be, 104 00:05:56,680 --> 00:06:00,320 Speaker 3: and we divide labor, and that can be proper madic. 105 00:06:00,360 --> 00:06:03,040 Speaker 3: If there's anything I'd say to never have to get 106 00:06:03,040 --> 00:06:07,640 Speaker 3: advice from me unto force, I would say is if 107 00:06:07,640 --> 00:06:10,239 Speaker 3: you can have an equal understanding of what's happening with money, 108 00:06:10,240 --> 00:06:12,520 Speaker 3: one person can manage the day to day, but if 109 00:06:12,520 --> 00:06:15,880 Speaker 3: you both fully understand what's going on, it can decrease 110 00:06:16,000 --> 00:06:18,680 Speaker 3: so many or decrease the chance of things going on 111 00:06:18,760 --> 00:06:20,800 Speaker 3: because there is a greater level of clarity. 112 00:06:21,160 --> 00:06:23,479 Speaker 1: It sounds to me what you're saying to our listeners, 113 00:06:24,640 --> 00:06:29,719 Speaker 1: and to some extent we will just say that there. 114 00:06:30,320 --> 00:06:32,920 Speaker 1: What you're saying is one person can manage the money 115 00:06:32,920 --> 00:06:39,480 Speaker 1: if they want, but both parties should look after themselves 116 00:06:41,160 --> 00:06:45,840 Speaker 1: by being across what's happening with their money. How much 117 00:06:46,120 --> 00:06:48,880 Speaker 1: is our mortgage, how much do we actually make together? 118 00:06:49,680 --> 00:06:51,719 Speaker 1: How many bank accounts do we have, how much is 119 00:06:51,720 --> 00:06:54,479 Speaker 1: in them? Can you give us some examples when you 120 00:06:54,520 --> 00:06:57,560 Speaker 1: say making sure everything's accounted for? Is? Are you talking 121 00:06:57,600 --> 00:07:01,800 Speaker 1: about stuff like money? Literally secret colms, people having money 122 00:07:02,080 --> 00:07:03,840 Speaker 1: talked away that the other partner didn't do. 123 00:07:03,880 --> 00:07:03,960 Speaker 3: It? 124 00:07:04,040 --> 00:07:06,440 Speaker 1: Was that common? Can you give you some examples. 125 00:07:06,000 --> 00:07:06,920 Speaker 2: That can happen? 126 00:07:07,000 --> 00:07:09,720 Speaker 3: But I find that happens when things have started going 127 00:07:09,720 --> 00:07:13,280 Speaker 3: wrong already. So if you've got a couple who'll across 128 00:07:13,360 --> 00:07:17,360 Speaker 3: the decisions, he's a really easy tell. If I'm the 129 00:07:17,400 --> 00:07:20,680 Speaker 3: person who manages the money and I'm making sure our 130 00:07:20,720 --> 00:07:23,600 Speaker 3: plans are on track and we're investing, we're doing all 131 00:07:23,640 --> 00:07:26,200 Speaker 3: these things, and the other person comes to me and says, hey, 132 00:07:26,320 --> 00:07:28,760 Speaker 3: let's go on this holiday, or the kids got this excursion, 133 00:07:28,920 --> 00:07:31,360 Speaker 3: or I want to buy this thing, or and you're 134 00:07:31,400 --> 00:07:35,520 Speaker 3: always saying no, that says that the other person doesn't 135 00:07:35,520 --> 00:07:37,640 Speaker 3: have a good handle on the situation, because if you 136 00:07:37,720 --> 00:07:40,400 Speaker 3: both understand it, it's not a decision of I'm not 137 00:07:40,440 --> 00:07:43,119 Speaker 3: the no guy, I'm not the one that's always asking 138 00:07:43,160 --> 00:07:46,360 Speaker 3: for things. It's we both understand the situation and the 139 00:07:46,400 --> 00:07:49,720 Speaker 3: context of what we can and can't afford. So that's 140 00:07:49,720 --> 00:07:51,560 Speaker 3: a really early indicator that if you us feel like 141 00:07:52,360 --> 00:07:53,920 Speaker 3: I wish we could do more, but I'm always feel 142 00:07:53,960 --> 00:07:55,720 Speaker 3: like we're saying no because we're trying to plan for the. 143 00:07:55,640 --> 00:07:57,600 Speaker 2: Future, but they just don't get it. Because they don't 144 00:07:57,600 --> 00:07:58,080 Speaker 2: get it. 145 00:07:58,680 --> 00:08:03,480 Speaker 1: I wonder my hunch is that the disastrous couple is 146 00:08:03,480 --> 00:08:08,520 Speaker 1: the couple where neither actually pay attention to the money. 147 00:08:08,720 --> 00:08:11,720 Speaker 1: Have you come across divorce proceedings where both parties were 148 00:08:11,720 --> 00:08:16,200 Speaker 1: appalling in terms of that they just didn't pay any attention. 149 00:08:16,960 --> 00:08:20,040 Speaker 3: Or they a little bit of dangerous information. They did 150 00:08:20,120 --> 00:08:22,920 Speaker 3: little things, but not everything. I thought you were taking 151 00:08:22,960 --> 00:08:24,320 Speaker 3: care of that. No, I thought you were taking care 152 00:08:24,360 --> 00:08:25,880 Speaker 3: of that. I was doing this thing, but I wasn't 153 00:08:25,880 --> 00:08:29,360 Speaker 3: doing that thing. And yeah, it's often the case where 154 00:08:29,400 --> 00:08:31,880 Speaker 3: the person who comes to me starts learning about how 155 00:08:31,880 --> 00:08:32,400 Speaker 3: things are done. 156 00:08:32,679 --> 00:08:35,200 Speaker 2: Why did we even do it that way? That doesn't make. 157 00:08:35,080 --> 00:08:38,920 Speaker 3: Any sense at all, because granted their former partner was 158 00:08:38,920 --> 00:08:40,600 Speaker 3: doing the best they could in the knowledge that they had, 159 00:08:40,920 --> 00:08:42,880 Speaker 3: but they may not have known what to do. It 160 00:08:42,920 --> 00:08:44,800 Speaker 3: may have just been thrustle them. You're good with money 161 00:08:44,840 --> 00:08:47,240 Speaker 3: because you saved a bit more before we go together. 162 00:08:47,320 --> 00:08:51,480 Speaker 1: So you've got money because you're an accountant and whatever, 163 00:08:51,720 --> 00:08:55,800 Speaker 1: I'm a portrait artist or whatever. Okay, So what about 164 00:08:56,000 --> 00:09:02,400 Speaker 1: when you have people in that situation? The home, which 165 00:09:02,440 --> 00:09:05,960 Speaker 1: in the Australian in every country matters, but in Australia 166 00:09:06,120 --> 00:09:10,480 Speaker 1: is enhanced because it's also, on top of being a home, 167 00:09:10,800 --> 00:09:14,560 Speaker 1: on top of having an elevated value VISI v. History 168 00:09:14,600 --> 00:09:18,959 Speaker 1: and other countries, it also is a tax protected vehicle. 169 00:09:19,559 --> 00:09:23,800 Speaker 1: So when there's a divorce, is it the case again 170 00:09:23,880 --> 00:09:26,240 Speaker 1: I'm just exploring here, Is it the case that the 171 00:09:26,280 --> 00:09:30,360 Speaker 1: person who does not get the house but gets other 172 00:09:30,440 --> 00:09:36,040 Speaker 1: assets has a much more complex future than the person 173 00:09:36,040 --> 00:09:36,920 Speaker 1: who got the house. 174 00:09:38,760 --> 00:09:39,319 Speaker 2: Maybe? 175 00:09:39,920 --> 00:09:42,280 Speaker 3: And so this sort of falls into one of the 176 00:09:42,320 --> 00:09:45,880 Speaker 3: old urban legends around around separation that if I keep 177 00:09:45,920 --> 00:09:48,040 Speaker 3: the house, I'll be better off. And there's plenty of 178 00:09:48,040 --> 00:09:49,880 Speaker 3: reasons for that, not having to base damp duty when 179 00:09:49,920 --> 00:09:52,520 Speaker 3: you purchase a new house, which is often missed in 180 00:09:52,679 --> 00:09:58,080 Speaker 3: separation agreements. Yeah, finding housing. You keep the house. Now 181 00:09:58,080 --> 00:09:59,440 Speaker 3: I've got to go and find somewhere to live, find 182 00:09:59,440 --> 00:10:01,080 Speaker 3: somewhere to rent. I got it's been near the kids. 183 00:10:01,120 --> 00:10:03,120 Speaker 3: I've got to do that, like all those kinds of things. 184 00:10:03,160 --> 00:10:06,160 Speaker 3: And then obviously the capital gains implications, I'll take the investments, you. 185 00:10:06,120 --> 00:10:06,760 Speaker 2: Take the house. 186 00:10:07,080 --> 00:10:10,480 Speaker 3: What happens in time, But I think what when we 187 00:10:10,520 --> 00:10:13,679 Speaker 3: look at that The root of that problem is actually 188 00:10:13,720 --> 00:10:17,120 Speaker 3: stems from not just what is the split or how 189 00:10:17,120 --> 00:10:20,440 Speaker 3: do we divide assets now? But looking forward, And this 190 00:10:20,520 --> 00:10:22,319 Speaker 3: is where I think financial advice is going to start 191 00:10:22,320 --> 00:10:23,840 Speaker 3: playing a lot more of a role as people see 192 00:10:23,840 --> 00:10:26,440 Speaker 3: the benefit of this is when if you look at 193 00:10:26,520 --> 00:10:27,520 Speaker 3: i'll take fifty percent, or. 194 00:10:27,520 --> 00:10:28,600 Speaker 2: I'll keep the house. You keep this. 195 00:10:28,960 --> 00:10:31,800 Speaker 3: That's great until we realize that the person who's kept 196 00:10:31,800 --> 00:10:34,959 Speaker 3: the house, who was a lower income earner, hasn't really 197 00:10:35,000 --> 00:10:37,280 Speaker 3: been able to earn that much, can't afford to maintain 198 00:10:37,320 --> 00:10:39,800 Speaker 3: the mortgage, can't afford the upkeep on the property, can't 199 00:10:39,840 --> 00:10:41,840 Speaker 3: and then two years they sell it anyway, so that 200 00:10:41,880 --> 00:10:42,920 Speaker 3: family asset is gone. 201 00:10:44,120 --> 00:10:46,199 Speaker 2: So this is where when we're looking. 202 00:10:45,920 --> 00:10:49,360 Speaker 3: At at a separation and trying to decide what's the 203 00:10:49,360 --> 00:10:50,440 Speaker 3: best way to split assets. 204 00:10:50,480 --> 00:10:51,520 Speaker 2: And when I do this work. 205 00:10:51,360 --> 00:10:54,400 Speaker 3: I'm representing one party is looking at it and saying, yes, 206 00:10:54,559 --> 00:10:56,280 Speaker 3: this might be where you want to be now, but 207 00:10:56,360 --> 00:10:58,160 Speaker 3: where do you want to be in the medium longer term? 208 00:10:58,200 --> 00:10:58,840 Speaker 2: Can you even. 209 00:10:58,720 --> 00:11:01,440 Speaker 3: Afford to keep this place? And how does that fit 210 00:11:01,480 --> 00:11:04,200 Speaker 3: into your broader lifestyle? The kids are sixteen and seventeen, 211 00:11:04,280 --> 00:11:06,040 Speaker 3: you want to be in the area for schooling for 212 00:11:06,080 --> 00:11:08,920 Speaker 3: the next two years than what or these sort of 213 00:11:08,920 --> 00:11:11,800 Speaker 3: factors start coming in. But yeah, there is definitely a 214 00:11:11,800 --> 00:11:14,240 Speaker 3: lot of advantages to the family home. There's also a 215 00:11:14,240 --> 00:11:17,160 Speaker 3: lot of cultural connection to it. As you said, the 216 00:11:17,160 --> 00:11:19,280 Speaker 3: great Australian dream of owning your own home or owning 217 00:11:19,280 --> 00:11:23,720 Speaker 3: someone else's is run so strongly in our blood. Keeping 218 00:11:23,720 --> 00:11:26,000 Speaker 3: that property sometimes can feel like something I want to 219 00:11:26,080 --> 00:11:28,240 Speaker 3: keep the house. I found the house, I put all 220 00:11:28,240 --> 00:11:30,680 Speaker 3: the work into the house, I painted the house. There's 221 00:11:30,720 --> 00:11:34,240 Speaker 3: this emotional connection to something that may not be in 222 00:11:34,280 --> 00:11:35,400 Speaker 3: the best interest to retain. 223 00:11:36,679 --> 00:11:39,959 Speaker 1: So it's not necessarily the case then that the complexity 224 00:11:40,000 --> 00:11:43,400 Speaker 1: is all upon the person who got other things other 225 00:11:43,440 --> 00:11:44,720 Speaker 1: than the home. 226 00:11:45,760 --> 00:11:48,240 Speaker 3: Yeah, I'm finding more that keeping the home is not 227 00:11:48,280 --> 00:11:51,360 Speaker 3: just not viable for either party, which is becoming increased 228 00:11:51,360 --> 00:11:53,000 Speaker 3: in the common that so much of the wealth is 229 00:11:53,040 --> 00:11:56,720 Speaker 3: in the home that the amount of debt the retainer 230 00:11:56,720 --> 00:11:58,600 Speaker 3: would have to take on either they can't get it 231 00:11:58,720 --> 00:12:01,360 Speaker 3: or they could can't maintain it, which just makes no sense. 232 00:12:01,400 --> 00:12:03,160 Speaker 3: That seeming that's coming up a lot more than it 233 00:12:03,240 --> 00:12:03,520 Speaker 3: used to. 234 00:12:03,960 --> 00:12:06,240 Speaker 1: Okay, can you give us two seconds on super and 235 00:12:06,280 --> 00:12:08,400 Speaker 1: how it works, because it's still important now. 236 00:12:09,800 --> 00:12:14,040 Speaker 3: Yeah, with superinnuation, there's really the common question again, can 237 00:12:14,040 --> 00:12:15,760 Speaker 3: we combine our super And there's sorts of things where 238 00:12:15,800 --> 00:12:18,400 Speaker 3: people in a relationship you can't. There's a couple of 239 00:12:18,480 --> 00:12:21,240 Speaker 3: rules around contribution splitting things like that, but there is 240 00:12:21,280 --> 00:12:24,760 Speaker 3: a rule around splitting of super innovation in a separation 241 00:12:25,080 --> 00:12:27,600 Speaker 3: and it forms part of the whole arrangement. So there's 242 00:12:27,600 --> 00:12:29,920 Speaker 3: no hard and fast you get half my super or 243 00:12:30,600 --> 00:12:32,280 Speaker 3: you'll come to an agreement that says this is how 244 00:12:32,280 --> 00:12:35,040 Speaker 3: we're splitting up the assets, and those assets will be 245 00:12:35,120 --> 00:12:38,959 Speaker 3: made of this much super, this much cash, this house. 246 00:12:38,720 --> 00:12:39,440 Speaker 2: That sort of stuff. 247 00:12:39,679 --> 00:12:42,920 Speaker 3: And then when that happens, there's a form, a family 248 00:12:43,120 --> 00:12:45,240 Speaker 3: law form that most super funds will have that rolls 249 00:12:45,240 --> 00:12:47,840 Speaker 3: the money from one fund to another. It's a relatively 250 00:12:47,840 --> 00:12:50,600 Speaker 3: straightforward process of these days from an administrative perspective. 251 00:12:51,000 --> 00:12:51,800 Speaker 2: But getting to. 252 00:12:51,720 --> 00:12:54,400 Speaker 3: That point, sometimes you get people who are very short 253 00:12:54,480 --> 00:12:57,520 Speaker 3: term in they're thinking, I want at least possible super 254 00:12:57,559 --> 00:12:58,320 Speaker 3: because I want is much. 255 00:12:58,240 --> 00:12:59,199 Speaker 2: Money in my bank account. 256 00:12:59,200 --> 00:13:01,840 Speaker 3: Other times they'll be focusing on that super Again, it 257 00:13:01,880 --> 00:13:04,560 Speaker 3: really plays back to how they're going to maintain their 258 00:13:04,559 --> 00:13:07,280 Speaker 3: life and moving forward, and is super the best place 259 00:13:07,320 --> 00:13:09,520 Speaker 3: for it if they don't take the super how they're 260 00:13:09,520 --> 00:13:10,520 Speaker 3: going to get money to retire? 261 00:13:10,559 --> 00:13:11,400 Speaker 2: All that kind of stuff. 262 00:13:11,760 --> 00:13:15,160 Speaker 1: Okay, is there any variation when it comes to self 263 00:13:15,160 --> 00:13:19,320 Speaker 1: managed super funds? Let's see mom and Dad are the 264 00:13:19,520 --> 00:13:21,079 Speaker 1: SERF match super fund. 265 00:13:22,480 --> 00:13:25,000 Speaker 2: The two trustees a really fun one. 266 00:13:25,000 --> 00:13:27,880 Speaker 3: Actually, I just did SPT points for advisers on this 267 00:13:27,920 --> 00:13:31,400 Speaker 3: recently because back in what's again, when you look at 268 00:13:31,440 --> 00:13:34,520 Speaker 3: the dynamics of relationships, we have a self managed super 269 00:13:34,520 --> 00:13:36,439 Speaker 3: fund because the person who was running the money is 270 00:13:36,480 --> 00:13:39,360 Speaker 3: it was a good idea. Maybe their business premises is 271 00:13:39,400 --> 00:13:41,120 Speaker 3: owned inside of the fund. 272 00:13:40,920 --> 00:13:43,439 Speaker 1: So the same issue emergen as I imagine the person 273 00:13:43,480 --> 00:13:44,040 Speaker 1: really runs it. 274 00:13:44,360 --> 00:13:46,760 Speaker 3: Yeah, but what you again have is the amplified effect 275 00:13:46,760 --> 00:13:49,920 Speaker 3: that all trustees have to know how to run the fund. 276 00:13:49,679 --> 00:13:51,160 Speaker 2: And have full responsibility for it. 277 00:13:51,720 --> 00:13:54,560 Speaker 3: And you've also then got to be acting in the trustees' 278 00:13:54,800 --> 00:13:57,800 Speaker 3: best interest and or best financial interest, and. 279 00:13:57,760 --> 00:13:59,120 Speaker 2: They have divoting life goals. 280 00:13:59,440 --> 00:14:02,240 Speaker 3: So it might makes sense to retain the fund right now, 281 00:14:02,440 --> 00:14:04,480 Speaker 3: but because of business premises is in it, you can't 282 00:14:04,520 --> 00:14:08,320 Speaker 3: split it and almost into things. But people repartner lives 283 00:14:08,480 --> 00:14:12,160 Speaker 3: change direction, maybe they just don't get along, and maintaining 284 00:14:12,200 --> 00:14:15,160 Speaker 3: that connection can be really hard. I've seen cases where 285 00:14:15,520 --> 00:14:18,600 Speaker 3: partners have taken limited power of attorney over their form 286 00:14:18,600 --> 00:14:21,680 Speaker 3: of spouse's power to trust, the obligations, and that's just 287 00:14:21,720 --> 00:14:24,960 Speaker 3: a nightmare of disaster. Wedding to happen self maniership of 288 00:14:24,960 --> 00:14:26,520 Speaker 3: fund becomes a lot more. 289 00:14:26,360 --> 00:14:28,800 Speaker 1: Complicated, more complicated understand and tell me what if it 290 00:14:28,880 --> 00:14:31,160 Speaker 1: was the case that they wanted to split and they 291 00:14:31,200 --> 00:14:33,840 Speaker 1: wanted to split everything and the core of the self 292 00:14:33,920 --> 00:14:36,800 Speaker 1: maner super fund was a business premises because they used 293 00:14:36,840 --> 00:14:40,160 Speaker 1: to have a shop or whatever. Do you have to 294 00:14:40,200 --> 00:14:43,000 Speaker 1: sell the property at market value and split it is 295 00:14:43,040 --> 00:14:43,360 Speaker 1: that what. 296 00:14:43,360 --> 00:14:45,920 Speaker 3: Happened again would come back to how you decided to 297 00:14:45,960 --> 00:14:48,880 Speaker 3: divide up the assets, whether the balances were segmented, in 298 00:14:48,880 --> 00:14:51,280 Speaker 3: the first place, there's no have tos. 299 00:14:51,880 --> 00:14:53,800 Speaker 2: But in regards to the divorce process. 300 00:14:53,800 --> 00:14:56,560 Speaker 3: But from a super fund perspective, it has to be 301 00:14:56,760 --> 00:14:58,680 Speaker 3: arms length transactions, market value. 302 00:14:58,680 --> 00:15:00,360 Speaker 2: Everything has to be above boarder clients. 303 00:15:00,400 --> 00:15:03,160 Speaker 3: So there's no give from a family or perspective, and 304 00:15:03,240 --> 00:15:06,160 Speaker 3: that your super responsibilities to struss they are the same. 305 00:15:05,960 --> 00:15:08,880 Speaker 1: Responsible and the fund must get the value market value 306 00:15:08,880 --> 00:15:11,760 Speaker 1: for the asset whatever it is, including that whatever you 307 00:15:11,760 --> 00:15:14,880 Speaker 1: had in it, including a business premises. Okay, really interesting, 308 00:15:14,960 --> 00:15:18,800 Speaker 1: absolutely absorbing. Let's come back and we're going to cover 309 00:15:18,840 --> 00:15:24,360 Speaker 1: folks how to divorce in the best possible financial fashion. 310 00:15:24,440 --> 00:15:38,280 Speaker 1: Back in a moment. Hello and welcome back to the 311 00:15:38,280 --> 00:15:44,440 Speaker 1: Australian's Money Puzzle podcast. Okay, today we are talking about 312 00:15:44,640 --> 00:15:51,760 Speaker 1: divorce and money, the best way that you or you 313 00:15:51,840 --> 00:15:56,640 Speaker 1: and your partner can divorce financially. And I have Nathan 314 00:15:56,880 --> 00:16:00,880 Speaker 1: Fradley on the show, who is specializes in this is 315 00:16:00,920 --> 00:16:03,120 Speaker 1: really across it and I'm going to ask him now 316 00:16:03,520 --> 00:16:08,479 Speaker 1: about the best how to do this the best way financially. 317 00:16:08,720 --> 00:16:12,640 Speaker 1: What are your mean what are your mean lessons, Neathan 318 00:16:12,760 --> 00:16:14,440 Speaker 1: from years of working in this area. 319 00:16:15,400 --> 00:16:17,400 Speaker 3: I'm going to be vague on the legal side of it. 320 00:16:17,400 --> 00:16:21,560 Speaker 3: Because I'm not a lawyer, but the financial advisor supports 321 00:16:21,560 --> 00:16:24,920 Speaker 3: the lawyer in this process. But what I've seen work 322 00:16:25,080 --> 00:16:29,880 Speaker 3: really well. Firstly, working with professionals will make your life easier. 323 00:16:30,040 --> 00:16:34,040 Speaker 3: People fear divorce lawyers or financial plans because of cost, 324 00:16:34,560 --> 00:16:38,760 Speaker 3: but inevitably, by working with professionals things to done more efficiently. 325 00:16:39,080 --> 00:16:42,360 Speaker 3: You're getting your unbiased or your biased to you advice. 326 00:16:42,880 --> 00:16:45,320 Speaker 3: It saves you money the end of the day, because 327 00:16:45,360 --> 00:16:47,880 Speaker 3: what can happen is it falls around. But I think 328 00:16:47,880 --> 00:16:50,360 Speaker 3: that getting the right advice is really important and that 329 00:16:50,440 --> 00:16:52,600 Speaker 3: sets you up, which is a bit of gimmy for me. 330 00:16:53,000 --> 00:16:56,080 Speaker 3: But I'd say in terms of when you're looking at 331 00:16:56,080 --> 00:16:58,560 Speaker 3: yourself and how you're going through this, it's going to 332 00:16:58,600 --> 00:17:01,600 Speaker 3: be awful for everyone in the situation the longer you 333 00:17:01,640 --> 00:17:04,760 Speaker 3: can stay rational look at things not just on I 334 00:17:04,800 --> 00:17:07,119 Speaker 3: mentioned before one face value. Now, but what does this 335 00:17:07,200 --> 00:17:09,560 Speaker 3: mean for me at the end after this is done, 336 00:17:09,600 --> 00:17:13,199 Speaker 3: what does life look like because I'm starting again and 337 00:17:13,400 --> 00:17:15,679 Speaker 3: understand that it's going to be okay. That decreases the 338 00:17:15,720 --> 00:17:19,480 Speaker 3: temperature in the room in the separation, and know that 339 00:17:19,520 --> 00:17:22,600 Speaker 3: you'll be all right and then work through I think 340 00:17:22,640 --> 00:17:26,639 Speaker 3: that's really important. And then this is going to be 341 00:17:26,720 --> 00:17:29,840 Speaker 3: harder to say. It's easier to say than do, but 342 00:17:29,960 --> 00:17:34,359 Speaker 3: assuming best intent with your partner will be helpful a 343 00:17:34,359 --> 00:17:37,560 Speaker 3: lot of the time, especially working with the more less 344 00:17:37,600 --> 00:17:40,679 Speaker 3: sophisticated person in the relationship. The former partner will do 345 00:17:40,840 --> 00:17:44,120 Speaker 3: things and because it's for twenty years, they've just done 346 00:17:44,200 --> 00:17:48,040 Speaker 3: things with money, and the now awakened part is. 347 00:17:47,960 --> 00:17:49,240 Speaker 2: Going, why do they do that? Why do they do that? 348 00:17:49,280 --> 00:17:51,200 Speaker 2: Are they hiding money? Are they hiding assets of things? 349 00:17:52,200 --> 00:17:54,639 Speaker 3: And a lot of my job in this instance is explaining, 350 00:17:54,680 --> 00:17:56,600 Speaker 3: you know, this is how this works, this is what 351 00:17:56,600 --> 00:17:59,000 Speaker 3: they're trying to do. I can see how this has 352 00:17:59,040 --> 00:18:02,440 Speaker 3: played out the way it has and unless they're going 353 00:18:02,480 --> 00:18:04,880 Speaker 3: for that or this will come out in the whitewash 354 00:18:04,960 --> 00:18:09,160 Speaker 3: because of the disclosure of assets. That again decreases the temperature. 355 00:18:09,480 --> 00:18:11,600 Speaker 3: The lower the temperature, the comma we are, the camera 356 00:18:11,680 --> 00:18:13,720 Speaker 3: we are, the easier the process can be, and the 357 00:18:13,760 --> 00:18:15,639 Speaker 3: more we can focus on the things that we actually 358 00:18:15,640 --> 00:18:18,240 Speaker 3: want to fight about instead of fighting about everything. 359 00:18:18,840 --> 00:18:21,880 Speaker 1: I expect you have what goes without saying that if 360 00:18:21,920 --> 00:18:25,240 Speaker 1: the person the partner on the other side has a 361 00:18:25,320 --> 00:18:28,240 Speaker 1: lawyer and an advisor and you only have a lawyer 362 00:18:28,440 --> 00:18:30,600 Speaker 1: it sounds to me like you should have an advisor. 363 00:18:30,640 --> 00:18:33,240 Speaker 1: I think that sounds like basic logic in terms of 364 00:18:33,280 --> 00:18:35,680 Speaker 1: the balance of power. The other thing I would ask 365 00:18:35,720 --> 00:18:37,879 Speaker 1: you is what about priorities? When you're sitting there with 366 00:18:37,920 --> 00:18:41,120 Speaker 1: the client and you're saying, Okay, here we go. This 367 00:18:41,160 --> 00:18:46,840 Speaker 1: is a divorce. Again, my client is a very sophisticated operator, 368 00:18:47,160 --> 00:18:51,119 Speaker 1: but is not interested and has never been financial. The 369 00:18:51,119 --> 00:18:55,159 Speaker 1: person on the other side is a similar person, but 370 00:18:55,200 --> 00:18:59,359 Speaker 1: their life has been in finance and they are innately 371 00:19:00,400 --> 00:19:04,520 Speaker 1: well disposed towards getting the best financial outcome. So when 372 00:19:04,520 --> 00:19:07,320 Speaker 1: you're looking at your client, the non financial one basically 373 00:19:08,160 --> 00:19:11,800 Speaker 1: who never asked what they were signing over the years, 374 00:19:12,000 --> 00:19:15,560 Speaker 1: are often didn't ask what's your priorities? What do you 375 00:19:15,600 --> 00:19:17,680 Speaker 1: say to yourself? What are my priorities for my client? 376 00:19:17,880 --> 00:19:21,520 Speaker 1: Is it accommodation, is it cash, flu is it. 377 00:19:21,520 --> 00:19:24,840 Speaker 2: Super all of those things? 378 00:19:24,960 --> 00:19:28,400 Speaker 3: So I think the number one priority is understanding your 379 00:19:28,440 --> 00:19:32,040 Speaker 3: point about just signing things. It's a classic example of 380 00:19:32,560 --> 00:19:35,159 Speaker 3: trust that distributes to both parties, and the person just 381 00:19:35,160 --> 00:19:36,720 Speaker 3: signs it every year and all of a sudden they're going, 382 00:19:36,720 --> 00:19:39,159 Speaker 3: what am I signing? I don't actually understand what's happening. 383 00:19:39,200 --> 00:19:42,879 Speaker 3: I think getting across and understanding the current state of 384 00:19:42,920 --> 00:19:45,800 Speaker 3: play is really important because that helps them make a 385 00:19:45,800 --> 00:19:49,040 Speaker 3: better decision. That can be as simple as the budget, 386 00:19:49,600 --> 00:19:52,760 Speaker 3: which you just mentioned, but is crucial. Where does that 387 00:19:52,800 --> 00:19:55,800 Speaker 3: money actually go? I can't believe we spent that much. 388 00:19:56,160 --> 00:19:58,920 Speaker 3: But also, now that we're separating, we're probably going to 389 00:19:59,000 --> 00:20:01,560 Speaker 3: run two households. How long can we afford. 390 00:20:01,240 --> 00:20:01,760 Speaker 2: To do that for? 391 00:20:02,000 --> 00:20:05,000 Speaker 3: We've got these kids fees, We've got these medical costs 392 00:20:05,359 --> 00:20:06,679 Speaker 3: at this sort of stuff that piles in. 393 00:20:07,040 --> 00:20:08,760 Speaker 2: Who's covering what? How is it paid for? 394 00:20:09,160 --> 00:20:12,520 Speaker 3: Keeping that as clean as possible and as transparent as 395 00:20:12,560 --> 00:20:16,439 Speaker 3: possible again decrease the temperature, but also allows a cleaner 396 00:20:16,480 --> 00:20:18,760 Speaker 3: process at the end of the day because it really 397 00:20:18,840 --> 00:20:23,680 Speaker 3: gives evidence to what the needs are of individuals, and 398 00:20:24,320 --> 00:20:26,679 Speaker 3: I suppose then helps us frame the outcome. What are 399 00:20:26,720 --> 00:20:27,960 Speaker 3: things going to be at the end of the day. 400 00:20:28,040 --> 00:20:32,680 Speaker 3: Because there's a difference between winning a divorce and winning 401 00:20:32,680 --> 00:20:35,600 Speaker 3: a divorce there is I'm going for seventy percent, I'm 402 00:20:35,640 --> 00:20:39,320 Speaker 3: going for blood, or there is a fair and equitable 403 00:20:39,400 --> 00:20:42,000 Speaker 3: arrangement that we come to, which means that I'm going 404 00:20:42,040 --> 00:20:43,959 Speaker 3: to end up in a situation where I can move 405 00:20:44,000 --> 00:20:44,679 Speaker 3: on and be okay. 406 00:20:44,920 --> 00:20:47,159 Speaker 1: Can you give me an example when you say someone's 407 00:20:47,200 --> 00:20:48,919 Speaker 1: going for blood, Can you give me an example of 408 00:20:48,960 --> 00:20:53,080 Speaker 1: the low hanging fruit for the arch aggressor. 409 00:20:54,080 --> 00:20:54,919 Speaker 2: Valuations? 410 00:20:55,160 --> 00:20:55,960 Speaker 1: Evaluations? 411 00:20:56,119 --> 00:20:59,600 Speaker 3: Evaluations is, yeah, I have a pointed a value are Oh, 412 00:20:59,680 --> 00:21:02,240 Speaker 3: this is a I've used before, And it turns out 413 00:21:02,280 --> 00:21:05,480 Speaker 3: there's been some communication about the nature of this obscure 414 00:21:05,520 --> 00:21:09,199 Speaker 3: business that they had, or they might have farm land or. 415 00:21:09,160 --> 00:21:09,800 Speaker 2: Something like that. 416 00:21:09,880 --> 00:21:12,160 Speaker 3: Whether it's a business or there's an asset that's hard 417 00:21:12,160 --> 00:21:16,480 Speaker 3: to value that's illiquid, that's a massive area for I 418 00:21:16,480 --> 00:21:20,960 Speaker 3: suppose play, and also a dynamic of understanding that a 419 00:21:21,000 --> 00:21:23,399 Speaker 3: person who bought it for a certain reason may not 420 00:21:23,440 --> 00:21:26,320 Speaker 3: have told the other party what the potential opportunities in 421 00:21:26,520 --> 00:21:29,040 Speaker 3: this business. Maybe they're in the business and it hasn't 422 00:21:29,119 --> 00:21:32,480 Speaker 3: quite clicked over that winning point, so it's not really 423 00:21:32,560 --> 00:21:34,639 Speaker 3: much of a business. Don't worry about that one. I 424 00:21:34,640 --> 00:21:37,680 Speaker 3: think it's going under any way, these sorts of things. 425 00:21:37,720 --> 00:21:39,639 Speaker 3: The accounting side of it, it's a little bit easier 426 00:21:39,640 --> 00:21:41,719 Speaker 3: because of forensic accounts and what have you to uncover. 427 00:21:42,160 --> 00:21:45,680 Speaker 3: But I think the nature of businesses or certain investments 428 00:21:45,720 --> 00:21:48,959 Speaker 3: and assets is a low hanging fur the more aggressive one. 429 00:21:49,040 --> 00:21:52,400 Speaker 1: That's really interesting and oldmore plays back to your original 430 00:21:52,400 --> 00:21:57,720 Speaker 1: point at the start of getting advisors in before the settlement, 431 00:21:57,920 --> 00:22:01,880 Speaker 1: because the settlement assumes the evaluation. We're correct, Yeah, so 432 00:22:02,080 --> 00:22:04,439 Speaker 1: what what happens? So let's say so let's say the 433 00:22:04,440 --> 00:22:09,000 Speaker 1: dispute emergers, and what happens is that the partner said 434 00:22:09,440 --> 00:22:13,800 Speaker 1: such and such a business was worth X, and the 435 00:22:13,840 --> 00:22:17,639 Speaker 1: evaluation is clearly comically low. What do you do? 436 00:22:19,040 --> 00:22:25,199 Speaker 3: My job in that situation sits more of a supportive position. 437 00:22:25,280 --> 00:22:27,760 Speaker 3: What are the lawyers will tend to do is send 438 00:22:27,840 --> 00:22:30,639 Speaker 3: letters back and forth in various tones, depending on the 439 00:22:30,640 --> 00:22:32,760 Speaker 3: style of lawyer they are, whether they are more litigious 440 00:22:32,840 --> 00:22:35,840 Speaker 3: or more cooperative, and they will come to an agreement 441 00:22:35,960 --> 00:22:39,640 Speaker 3: of an independent valuer that the clients agree to spend 442 00:22:39,680 --> 00:22:42,000 Speaker 3: money on. There could be one that's one hundred thousand dollars, 443 00:22:42,040 --> 00:22:44,880 Speaker 3: there could be one that's ten thousand dollars, and that 444 00:22:44,920 --> 00:22:47,840 Speaker 3: sort of thing plays out, and then that is valuation 445 00:22:47,920 --> 00:22:51,240 Speaker 3: you end up going off. Also, the timeframe evaluation is important. 446 00:22:51,240 --> 00:22:53,840 Speaker 3: If we've got an existing business and we've separated on 447 00:22:53,920 --> 00:22:56,800 Speaker 3: the first of April, that we might use that as 448 00:22:56,800 --> 00:23:00,159 Speaker 3: the date where all valuations are done too, because we 449 00:23:00,160 --> 00:23:03,120 Speaker 3: don't want firstly, this separation is going to be impacting 450 00:23:03,160 --> 00:23:06,200 Speaker 3: the business, and we don't want any nefarious or potential 451 00:23:06,320 --> 00:23:09,440 Speaker 3: nefarious activity of moving money or profits around and things 452 00:23:09,480 --> 00:23:11,679 Speaker 3: like that, or even just the suspicion of that doesn't 453 00:23:11,680 --> 00:23:14,240 Speaker 3: help anyone. And then it also means that the person 454 00:23:14,280 --> 00:23:16,440 Speaker 3: who is who runs that business isn't feeling, oh, I 455 00:23:16,520 --> 00:23:19,280 Speaker 3: might just sandbag my financials and go slow for the 456 00:23:19,359 --> 00:23:21,040 Speaker 3: next two years so that I don't have to give 457 00:23:21,040 --> 00:23:23,960 Speaker 3: as much away. It just takes off the table. But yeah, 458 00:23:24,000 --> 00:23:27,280 Speaker 3: it's getting the right valuers in. And valuers are amazing 459 00:23:27,359 --> 00:23:30,639 Speaker 3: what they do, a meta variety of them in different specialties. 460 00:23:31,400 --> 00:23:34,240 Speaker 1: What do you mean amazingly varied in their talents? 461 00:23:34,800 --> 00:23:37,720 Speaker 3: Just that the angles that valuers take these are largely 462 00:23:37,760 --> 00:23:39,760 Speaker 3: people who work in M and A. They don't just 463 00:23:39,800 --> 00:23:41,560 Speaker 3: look at it and go, oh, this is a business 464 00:23:41,560 --> 00:23:43,960 Speaker 3: of X style, therefore it's worth X times eap it 465 00:23:44,560 --> 00:23:46,919 Speaker 3: or revenue or something. They'll look at it from multiple angles. 466 00:23:46,920 --> 00:23:49,879 Speaker 3: They do cash flow, they'll do forecasting. The reports that 467 00:23:49,960 --> 00:23:52,240 Speaker 3: you get from valuations can be really good, and then 468 00:23:52,240 --> 00:23:56,439 Speaker 3: that can give an indication of whether something seems reasonable. 469 00:23:57,240 --> 00:23:59,360 Speaker 3: What my job is then to look at and go 470 00:23:59,560 --> 00:24:02,280 Speaker 3: if is this, if this has seemed reasonable, what would 471 00:24:02,280 --> 00:24:03,240 Speaker 3: this mean for the client? 472 00:24:04,040 --> 00:24:06,960 Speaker 2: Do they keep fighting? Is this enough? 473 00:24:07,240 --> 00:24:07,440 Speaker 3: Do that? 474 00:24:07,560 --> 00:24:07,800 Speaker 2: Yeah? 475 00:24:07,840 --> 00:24:10,560 Speaker 3: That's where I come in of if this was the 476 00:24:10,560 --> 00:24:12,879 Speaker 3: outcome we got, what would that mean for you? Do 477 00:24:12,880 --> 00:24:15,200 Speaker 3: you want to keep fighting for another two years? Or 478 00:24:15,320 --> 00:24:16,159 Speaker 3: do you take this and go? 479 00:24:16,359 --> 00:24:19,119 Speaker 1: You're something like an expert witness there. Yeah, yeah, okay, 480 00:24:19,359 --> 00:24:20,840 Speaker 1: I can I ask you one last thing on this 481 00:24:20,920 --> 00:24:23,719 Speaker 1: issue about money being touped away a secret accounts, sir 482 00:24:23,960 --> 00:24:26,080 Speaker 1: and all that sort of thing. Is the tax system 483 00:24:26,080 --> 00:24:30,399 Speaker 1: and financial system sufficiently transparent now that you would be 484 00:24:30,480 --> 00:24:34,080 Speaker 1: confident that you have a clear picture of the money 485 00:24:34,119 --> 00:24:37,320 Speaker 1: held in accounts by both parties? 486 00:24:38,640 --> 00:24:42,959 Speaker 3: I would like to think so. But USB stics with crypto. 487 00:24:43,000 --> 00:24:47,160 Speaker 3: Whilet's exists, sometimes people have lost them genuinely. 488 00:24:49,200 --> 00:24:53,199 Speaker 1: I think that's I never thought of that. Crypto rights 489 00:24:53,560 --> 00:24:55,440 Speaker 1: increasingly common, I'm sure. 490 00:24:55,760 --> 00:24:58,960 Speaker 3: Yeah, yeah, I think I would like to have confidence 491 00:24:59,000 --> 00:25:03,120 Speaker 3: that people disclose sets disclosed international holdings do the right thing. 492 00:25:03,720 --> 00:25:06,680 Speaker 3: But I'm sure there is examples of that not being 493 00:25:06,720 --> 00:25:07,159 Speaker 3: the case. 494 00:25:07,400 --> 00:25:09,399 Speaker 1: But yeah, and of course, once upon a time whatever 495 00:25:09,480 --> 00:25:11,960 Speaker 1: Swiss accounts. So we're only for the very very wealthy. 496 00:25:11,960 --> 00:25:13,840 Speaker 1: You know, I can open a Swiss account in ten minutes. 497 00:25:13,840 --> 00:25:16,119 Speaker 1: I could open a Swiss account when the minute we 498 00:25:16,160 --> 00:25:20,639 Speaker 1: finished this show, I could have it done in twenty minutes. Yes, okay, terrific, 499 00:25:20,840 --> 00:25:23,800 Speaker 1: Very interesting, Nathan. I think we might hold it there 500 00:25:23,800 --> 00:25:26,560 Speaker 1: and go to questions, and I expect we may get 501 00:25:26,560 --> 00:25:30,119 Speaker 1: some questions off the back of today's show specifically, but 502 00:25:30,240 --> 00:25:41,560 Speaker 1: let's see all right back in a moment. Hello, Welcome 503 00:25:41,600 --> 00:25:44,480 Speaker 1: back to the Australians Money Puzzitive podcast James Kirkby with 504 00:25:44,600 --> 00:25:48,080 Speaker 1: Nathan Fradley. Wasn't that interesting, folks? On how divorce the 505 00:25:48,119 --> 00:25:51,800 Speaker 1: financial the financials of divorce. I hope it was useful 506 00:25:51,880 --> 00:25:54,879 Speaker 1: to youth the show wanted to do for some time. Hey, Nathan, 507 00:25:55,000 --> 00:25:57,639 Speaker 1: just before on the questions that are of course not 508 00:25:57,640 --> 00:26:01,880 Speaker 1: necessarily enough about divorce, they are this week's questions. You're 509 00:26:01,920 --> 00:26:04,560 Speaker 1: a financial advisor the government we're in the middle of 510 00:26:04,560 --> 00:26:07,399 Speaker 1: an election. There was also some promises about financial advice 511 00:26:07,440 --> 00:26:10,359 Speaker 1: being reformed and straightened out. Here we are with only 512 00:26:10,440 --> 00:26:14,520 Speaker 1: a short period to go before the election. Did they 513 00:26:14,560 --> 00:26:16,959 Speaker 1: make any progress? Do you think on financial advice and 514 00:26:17,000 --> 00:26:20,400 Speaker 1: how it works for as far as most people are concerned? 515 00:26:20,480 --> 00:26:23,439 Speaker 1: In terms of simplifying it, in terms of widening the 516 00:26:23,800 --> 00:26:27,960 Speaker 1: availability of advice to everybody. 517 00:26:27,400 --> 00:26:32,919 Speaker 3: I think that they did some things. Some changes happened, 518 00:26:33,200 --> 00:26:35,960 Speaker 3: but nothing I would say that moved the needle enough. 519 00:26:36,240 --> 00:26:40,920 Speaker 3: There was one experience exemption for education standards, which came 520 00:26:40,960 --> 00:26:42,480 Speaker 3: in so late that I think a lot of people 521 00:26:42,480 --> 00:26:45,080 Speaker 3: who had the experience, who didn't do the education would 522 00:26:45,080 --> 00:26:46,240 Speaker 3: have left the industry already. 523 00:26:47,080 --> 00:26:49,440 Speaker 2: And they proposed a piece of legislation. 524 00:26:49,680 --> 00:26:51,840 Speaker 3: Then they didn't go down very well, so they changed 525 00:26:51,880 --> 00:26:55,000 Speaker 3: the acronym and re launched it, and then they launched 526 00:26:55,000 --> 00:26:58,560 Speaker 3: a half version of that right beforehand. But if I 527 00:26:58,600 --> 00:27:04,320 Speaker 3: went the full term the industries largely it's changed, It's evolved, 528 00:27:04,640 --> 00:27:07,120 Speaker 3: but not at the end of any substantial show. 529 00:27:07,280 --> 00:27:08,440 Speaker 1: At the end of the day, this is all about 530 00:27:08,440 --> 00:27:11,080 Speaker 1: how much financial advice costs, and if it costs five 531 00:27:11,119 --> 00:27:13,760 Speaker 1: thousand a year or so to have an annual review 532 00:27:14,560 --> 00:27:18,960 Speaker 1: of your advice. These are industry figures when we're talking 533 00:27:19,000 --> 00:27:25,280 Speaker 1: about specific projects. Unfortunately, divorce being the issue of djuur, 534 00:27:25,359 --> 00:27:28,480 Speaker 1: here any guidelines to what it would cost people to 535 00:27:28,640 --> 00:27:29,600 Speaker 1: use an advisor. 536 00:27:30,800 --> 00:27:35,280 Speaker 3: In the situation my I cank my face sit somewhere 537 00:27:35,280 --> 00:27:37,920 Speaker 3: around seven and a half to thirty depending. 538 00:27:38,000 --> 00:27:40,439 Speaker 1: We'll leave it at that. We'll assume that is a 539 00:27:40,480 --> 00:27:42,480 Speaker 1: sort of industry standard, and that is quite a ranger 540 00:27:42,520 --> 00:27:42,800 Speaker 1: give us. 541 00:27:42,880 --> 00:27:44,119 Speaker 2: It's much more than the standard. 542 00:27:44,200 --> 00:27:46,840 Speaker 1: Or I see, Pat asks, do you think the big 543 00:27:46,880 --> 00:27:50,040 Speaker 1: super funds like A or T being now? I think 544 00:27:50,160 --> 00:27:53,119 Speaker 1: the number two fund, because of course it was the 545 00:27:53,200 --> 00:27:56,600 Speaker 1: combination of Sun Super and q C will return a 546 00:27:56,640 --> 00:27:59,080 Speaker 1: positive or negative return at the end of this year 547 00:27:59,119 --> 00:28:01,320 Speaker 1: and the next. I be better off putting my money 548 00:28:01,320 --> 00:28:03,840 Speaker 1: in a bank term deposit Number one. Pat, We don't 549 00:28:03,880 --> 00:28:06,320 Speaker 1: give advice number two. We are not going to talk 550 00:28:06,320 --> 00:28:09,800 Speaker 1: about whether that particular fund art will give you a 551 00:28:09,800 --> 00:28:11,920 Speaker 1: positive or negative return. But we're happy to talk about 552 00:28:11,960 --> 00:28:15,919 Speaker 1: whether all the funds, the big funds, the Austrian super 553 00:28:16,040 --> 00:28:19,840 Speaker 1: Uni super Art and all the usual suspects, Host plus 554 00:28:19,840 --> 00:28:22,800 Speaker 1: aware on they go, will they give a positive or 555 00:28:22,880 --> 00:28:25,240 Speaker 1: negative return at the end of this year and the next. 556 00:28:25,400 --> 00:28:28,560 Speaker 1: Nobody knows, Pat, Sorry, nobody knows the future. Even on 557 00:28:28,560 --> 00:28:31,280 Speaker 1: this show. We don't know the future. But the second 558 00:28:31,280 --> 00:28:33,399 Speaker 1: part of your question, would I be better off putting 559 00:28:33,400 --> 00:28:35,840 Speaker 1: my money in a bank deposit? Nathan, I come into 560 00:28:35,920 --> 00:28:38,720 Speaker 1: you and I say I'm in industry fund or retail 561 00:28:38,760 --> 00:28:42,640 Speaker 1: fund number four. They've had some really good years and 562 00:28:42,680 --> 00:28:45,320 Speaker 1: it looks pretty bad this last few months. I see 563 00:28:45,400 --> 00:28:48,000 Speaker 1: that they will be lucky to pull off a positive 564 00:28:48,040 --> 00:28:50,120 Speaker 1: return this year. Should I put my money in a 565 00:28:50,240 --> 00:28:53,440 Speaker 1: term bank deposit? In other words, should I go to cash? 566 00:28:53,640 --> 00:28:54,400 Speaker 1: What do you say? 567 00:28:56,040 --> 00:28:58,920 Speaker 3: My answer, which I'm sure is frustrating, is it largely 568 00:28:59,000 --> 00:29:00,840 Speaker 3: depends on who you are, what your situation is. 569 00:29:00,880 --> 00:29:03,280 Speaker 1: What did it ever make sense to order cash. 570 00:29:03,520 --> 00:29:06,320 Speaker 3: If maybe you needed the money in the next twelve 571 00:29:06,360 --> 00:29:11,040 Speaker 3: months and you any loss of capital would mean you 572 00:29:11,080 --> 00:29:14,200 Speaker 3: couldn't achieve what you needed to achieve, or the thought 573 00:29:14,240 --> 00:29:16,760 Speaker 3: of losing any money kept you awake at night. But 574 00:29:17,240 --> 00:29:20,080 Speaker 3: trying to time the perfect day to do that, as 575 00:29:20,120 --> 00:29:23,480 Speaker 3: we've known with recent volatility, let alone normal volatility, is 576 00:29:23,520 --> 00:29:25,040 Speaker 3: impossible and you will get it wrong. 577 00:29:25,680 --> 00:29:27,880 Speaker 1: Okay, but it's worth anning. We've had the worst day 578 00:29:29,040 --> 00:29:31,880 Speaker 1: on the share market since COVID, and we've had the 579 00:29:31,880 --> 00:29:36,280 Speaker 1: best day since COVID on the share market in recent weeks. 580 00:29:36,280 --> 00:29:39,360 Speaker 1: In fact, it happened inside a week. These are wild times. 581 00:29:39,800 --> 00:29:42,240 Speaker 1: And the other thing I think that's important to anyone 582 00:29:42,320 --> 00:29:46,760 Speaker 1: considering going to cash, going partially to cash, is that 583 00:29:46,840 --> 00:29:49,680 Speaker 1: the rates are dropping. You might tune into the show 584 00:29:49,680 --> 00:29:54,320 Speaker 1: with Liam Short, which was the last recorded show, where 585 00:29:54,680 --> 00:29:58,640 Speaker 1: he is explaining that though the RBA only official rates 586 00:29:58,680 --> 00:30:01,200 Speaker 1: by a quarter of percent, banks, don't you love it. 587 00:30:01,200 --> 00:30:04,200 Speaker 1: They've already cut in three times. They've put the equivalent 588 00:30:04,200 --> 00:30:06,920 Speaker 1: of three RBA quarter percent cuts in already to the 589 00:30:06,960 --> 00:30:10,600 Speaker 1: bank deposits. So they are dropping, my friends, unfortunately, just 590 00:30:10,640 --> 00:30:13,200 Speaker 1: when you want them, of course, to be an alternative 591 00:30:13,280 --> 00:30:17,480 Speaker 1: but all relevant, I hope for you, Pat all right, Luke, Well, 592 00:30:17,480 --> 00:30:19,240 Speaker 1: he just wants to make the point that I have 593 00:30:19,360 --> 00:30:22,280 Speaker 1: We had mentioned in the show that some people might 594 00:30:22,360 --> 00:30:25,760 Speaker 1: say in rocky markets, volatile markets like we're having, that 595 00:30:27,320 --> 00:30:30,360 Speaker 1: they are frustrated with big super funds and feel powerless, 596 00:30:30,360 --> 00:30:33,280 Speaker 1: and that perhaps it would be time to have a 597 00:30:33,400 --> 00:30:37,240 Speaker 1: self managed superfund. And I don't know if this is 598 00:30:37,280 --> 00:30:40,080 Speaker 1: a coincidence, but self managed super funds are about to 599 00:30:40,200 --> 00:30:42,640 Speaker 1: record their best year for a long best year ever, 600 00:30:42,840 --> 00:30:48,240 Speaker 1: forty thousand commencements apparently on the way. And so Luke says, 601 00:30:49,400 --> 00:30:54,680 Speaker 1: a self managed super fund is completely unnecessary for listed assets, 602 00:30:54,720 --> 00:30:58,160 Speaker 1: and I'm not sure how you could justify it for 603 00:30:58,400 --> 00:31:03,880 Speaker 1: this purpose, especially a portfolio of exchange traded funds. The 604 00:31:03,960 --> 00:31:09,160 Speaker 1: additional layer of costs adds up. Even an industry super 605 00:31:09,160 --> 00:31:11,920 Speaker 1: fund allows you to select your investments, and as thet 606 00:31:11,960 --> 00:31:16,720 Speaker 1: allocations the reasoning provided of market volunteerity is no reason 607 00:31:16,760 --> 00:31:20,360 Speaker 1: to go to a self managed super fund. I don't know. 608 00:31:20,360 --> 00:31:22,960 Speaker 1: It depends who you are and your level of confidence 609 00:31:22,960 --> 00:31:26,400 Speaker 1: in your level of understanding in the markets. I do 610 00:31:26,480 --> 00:31:29,600 Speaker 1: take the point though, it's fair enough, isn't it. But 611 00:31:29,800 --> 00:31:33,320 Speaker 1: luc is saying that you can have ANYTF option now 612 00:31:33,360 --> 00:31:35,760 Speaker 1: in big industry funds more unless you can say okay, 613 00:31:36,240 --> 00:31:38,720 Speaker 1: So if you had ten ETFs in an industry super fund, 614 00:31:38,720 --> 00:31:40,880 Speaker 1: you do wonder why you would have a super fund, 615 00:31:40,960 --> 00:31:43,560 Speaker 1: a self manageable fund that just had ten ETFs, and 616 00:31:43,640 --> 00:31:46,440 Speaker 1: comparing one against the other, you wonder whether it be 617 00:31:46,520 --> 00:31:47,120 Speaker 1: worth the effort. 618 00:31:48,480 --> 00:31:50,640 Speaker 3: I think it's my general philosophy so that I can 619 00:31:50,640 --> 00:31:53,560 Speaker 3: do it simpler, easier, or with less riskquy wouldn't I? 620 00:31:53,680 --> 00:31:56,719 Speaker 3: And so if the ETFs that you're wanting to invest 621 00:31:56,720 --> 00:31:58,479 Speaker 3: in you want some control, you want to take out 622 00:31:58,480 --> 00:32:01,520 Speaker 3: of it at some level. If they're available and you 623 00:32:01,520 --> 00:32:03,320 Speaker 3: can put the weight in them that you'd like to, 624 00:32:04,160 --> 00:32:07,160 Speaker 3: because that's often a limiting factor, then and you can 625 00:32:07,160 --> 00:32:10,000 Speaker 3: do it at a cheaper cost, with less responsibility and 626 00:32:10,040 --> 00:32:10,800 Speaker 3: less administration. 627 00:32:11,320 --> 00:32:11,960 Speaker 2: Why wouldn't you. 628 00:32:12,400 --> 00:32:16,280 Speaker 3: I think where people have ETF portfolio that aren't available 629 00:32:16,280 --> 00:32:18,640 Speaker 3: on these menus, Remember they are restricted, they're going to 630 00:32:18,680 --> 00:32:21,480 Speaker 3: take a more conservative view on what they can add 631 00:32:21,480 --> 00:32:24,800 Speaker 3: because they're on the hook for allowing their members. 632 00:32:24,600 --> 00:32:26,280 Speaker 1: So they've got to be there's very much the sort 633 00:32:26,320 --> 00:32:28,920 Speaker 1: of bread and butter vanilla. 634 00:32:29,280 --> 00:32:31,520 Speaker 3: And they're going to put caps. I think there's often 635 00:32:31,560 --> 00:32:33,960 Speaker 3: a complaint that maybe the cap on a Goald ETF 636 00:32:34,040 --> 00:32:34,680 Speaker 3: is too low. 637 00:32:35,280 --> 00:32:36,920 Speaker 1: You're talking about industry funds. 638 00:32:36,600 --> 00:32:37,680 Speaker 2: Now, yeah, industry funds. 639 00:32:37,720 --> 00:32:39,680 Speaker 3: Yeah, they're going to say you can only put up 640 00:32:39,680 --> 00:32:42,000 Speaker 3: to twenty percent of your money in this particular ETF 641 00:32:42,040 --> 00:32:43,840 Speaker 3: because of the risk grading we've given it. 642 00:32:43,960 --> 00:32:45,240 Speaker 2: And that might be a reason. 643 00:32:45,520 --> 00:32:47,120 Speaker 3: I think one of the big super funds was in 644 00:32:47,160 --> 00:32:50,719 Speaker 3: the news recently for commentary around crypto ETFs and why 645 00:32:50,760 --> 00:32:52,800 Speaker 3: they wouldn't allow people to invest in them. And if 646 00:32:52,800 --> 00:32:55,720 Speaker 3: you can't do what you want to do and it 647 00:32:55,800 --> 00:32:57,480 Speaker 3: makes sense to do, and you're taking control of it 648 00:32:57,520 --> 00:33:00,840 Speaker 3: and responsibility for it, and you understand and the responsibilities 649 00:33:00,840 --> 00:33:03,320 Speaker 3: of a self manishiper fund the work involved, then that's 650 00:33:03,320 --> 00:33:04,800 Speaker 3: when you start looking at that as an option. 651 00:33:05,200 --> 00:33:07,840 Speaker 1: Okay, very good, all right, I can see your I 652 00:33:07,880 --> 00:33:10,560 Speaker 1: can see how your balanced demeanor is useful in the 653 00:33:10,600 --> 00:33:16,480 Speaker 1: job you don Yeah, yeah, yeah, thank you very much 654 00:33:16,640 --> 00:33:18,440 Speaker 1: for being on the show today. Great to talk to 655 00:33:18,480 --> 00:33:23,200 Speaker 1: you again. It was a very interesting single subject show 656 00:33:23,240 --> 00:33:26,000 Speaker 1: that we should have done a long time ago. It 657 00:33:26,040 --> 00:33:28,000 Speaker 1: was only when I saw, when I thought about it 658 00:33:28,040 --> 00:33:30,920 Speaker 1: and I thought about you, that you do that. I said, 659 00:33:30,960 --> 00:33:32,520 Speaker 1: this is the time to do it. This is when 660 00:33:32,520 --> 00:33:36,800 Speaker 1: there is actually something of a lull between these at 661 00:33:36,800 --> 00:33:38,960 Speaker 1: this time of the year. Very good to step out 662 00:33:38,960 --> 00:33:41,080 Speaker 1: and have a look at something like that. Okay, hey, 663 00:33:41,080 --> 00:33:43,000 Speaker 1: thank you Nathan Fradley. Great to have you on the show. 664 00:33:43,400 --> 00:33:47,320 Speaker 1: Thanks Jev, and thank you everybody for listening. Remember the 665 00:33:47,440 --> 00:33:51,360 Speaker 1: email the money Puzzle at the Australian dot com dot au. 666 00:33:51,520 --> 00:33:54,760 Speaker 1: Today's show was produced by Leah Sammaglu Talk to you soon, 667 00:34:00,320 --> 00:34:01,680 Speaker 1: SA The Fool