Family Law
Family law
Divorce is separate application from applications for parenting or property orders and a divorce is not automatically given unless a specific application for divorce is made in the Federal Circuit Court. The only ground under the Family Law Act for divorce is that parties have been separated for 12 months.
However there is no waiting time after separation before action can be commenced to resolve
property and parenting issues. Action does not necessarily mean litigation but includes advice, preparation and attempted negotiated outcomes. Clients may benefit from obtaining advice about their rights in respect of property and parenting matters quite soon after separation even if no immediate action is contemplated or commenced. There are a variety of legal and other issues to be considered in trying to achieve the most effective resolution of parenting and or property disputes for satisfactory long term outcomes. Early advice is useful to allow clients to be informed and ready when appropriate to conduct negotiations or take further action when appropriate.We are aware that when couples separate they often have family or friendship circles which continue bringing them into contact with the other especially where children are involved so a way to manage that future relationship without negativity should be an important potential goal.
Mediation or Family Dispute Resolution is often helpful in resolving family law issues. Then if parties agree on arrangements it usually is appropriate to document that arrangement by more formal agreement or court order.
In parenting matters, clients are required by law to attempt some dispute resolution before commencing court action unless special circumstances exist. We can give you advice about these matters and possible outcomes and how to pursue dispute resolution procedures.
“Pre-action” is also legislated for property matters, such as making proper financial disclosure to the other party and making an attempt at negotiation. Working through
property matters
requires discussion and advice around financial circumstances. There can be many issues to canvass in working out how best to split property and superannuation interests including working out what liabilities exist and how they will be managed.
In working through the adjustment period from couple to separated person and into the future, it is appropriate to focus on resolving the issues that arise for clients, with as little personal and financial stress as possible for each client. It is not always easy to work out immediately what will be in the best interests of each person, until all relevant issues can be considered and proper details obtained. We endeavour to provide honest and pragmatic advice to each client with a view to a fair and mutually beneficial resolution for both parties to the dispute.
Taking a family law matter to court as a litigation dispute is usually our last option unless the particular situation is very urgent and then we facilitate getting those matters before the court on an expedited basis. In situations where resolution cannot be reached by agreement in a timely way and litigation proceedings are commenced that does not mean we stop trying to reach a resolution by agreement. Court orders can be made by consent, at any time to finalise the proceedings