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A Separation Lawyer Discusses Alternative Dispute Resolution in Family Law Proceedings

Music to any separation lawyer’s ears is the prospect of parties successfully participating in alternative dispute resolution. There are many forms of conflict resolution that can take place with some including:

  1. Family Dispute Resolution (FDR)
  2. Conciliation
  3. Mediation; and
  4. Arbitration

Family Dispute Resolution

The first process a separation lawyer will advise of (when the main issue is parenting) is Family Dispute Resolution (FDR). This form of mediation is conducted by a FDR practitioner rather than a mediator, arbitrator, or Judge. However, the role of an FDR practitioner is not to provide legal advice (as would a separation lawyer) but instead to ensure all parties’ concerns are voiced and in parenting matters that there is consideration of the child’s best interest. In fact, FDR is mandatory before parties can apply to the court for a ‘Part VII order’ which deals with parental responsibility and provisions relating to parenting orders. It is important to note there are a few exceptions to this rule in operation such as s 60I(9) which addresses instances of family violence. [...]  READ MORE →

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Family Law Lawyer discusses filing and listing of family law proceedings in circuit locations

A long sigh of relief and joy comes from family law lawyers across New South Wales in the wake of new processes entering the profession in 2023.

Commencing in January 2023, parties that wish to commence family law proceedings in circuit locations will be granted the opportunity to choose their first return dates. This can be conducted entirely remotely through accessing the Commonwealth Courts Portal.

Family law lawyers will advise that Circuit lists service rural and regional areas of states in Australia. In other words, they provide legal services and access to the justice system to client’s living remotely. Such a change will bring the same access to the Courts and benefit of the case management pathway like those residing in larger cities. [...]  READ MORE →

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A FAMILY LAW LAWYER EXPLAINS THE IMPORTANCE OF GIVING INSTRUCTIONS

Engaging a family law lawyer in a dispute can be critical to ensuring you fulfil your obligations to the court and its procedures. This will ensure that your matter does not experience significant delays.

What happens if you do not provide a response to the other party?

Negotiating and corresponding with your ex-partner in a dispute can be both tiresome and challenging. Often each party to the relationship will seek legal representation from a family law lawyer so that correspondence can occur efficiently. [...]  READ MORE →

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Assessing the Appropriateness of Applying for a Binding Financial Agreement

If you want to manage your finances either during the course of a relationship or in the event of its breakdown, a binding financial agreement may be of interest. More commonly, phrased a ‘prenuptial agreement or prenup’, this legal document can alter the normal avenue for the division of property and or assets in litigation.

The purposes for which a financial agreement may be appropriate include:

  1. To enable both parties to preserve certain assets of theirs from future claim by the other party, and to limit the agreement to such property (mutual quarantine). This type of agreement is generally enforced to protect the future benefit of any children in previous marriagesand is entered into in conjunction with an agreement under the Succession Act.
  2. To enable one party to preserve from future claim by the other party certain special assets, and to limit the agreement to that purpose (limited unilateral quarantine).
  3. After separation has occurred, the agreement may operate as a release from future spousal maintenance on the condition there is a satisfactory property settlement (release of spousal maintenance).

There are also other instances where a financial agreement may arise as per the Family Law Act 1975, however if parties are separated  court proceedings via an application for consent orders are more suited, as it can simplify enforcement if needed. [...]  READ MORE →

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FAMILY LAW LAWYER EXPLAINS THE PRESUMPTION OF EQUAL SHARED PARENTAL RESPONSIBILITY AND WHERE EXCEPTIONS OPERATE

A family law lawyer understands the dissolution of a relationship brings difficult and unforeseen changes to living arrangements. When there are children to a relationship this task is burdened by the extra question of whom and or where the children will live.

Understandably, it is within the court’s interest that children to a relationship are afforded the opportunity to spend equal and shared time with each parent. This is a presumption that is outlined in s 61DA(1) of the Family Law Act 1975 (Cth) which provides for the court to be conscious of this consideration when making a parenting order. [...]  READ MORE →

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How to stop your ex taking the children overseas – Family Law Lawyer reviews overseas travel issues

In the “post COVID-19 world”, international borders have opened back up and people are enjoying the ability to travel internationally again. For separated parents, this could cause concern. What if you do not want your ex partner to take your children overseas? What if they try to go without your permission? Our Family Law Lawyers are here to assist you if this is a concern to you.

Australian Federal Police Watch List

If you do not want your children to travel overseas without your permission, you could consider placing them on the Australian Federal Police Watch List. This is a system which has been designed to notify the police immediately when a child who’s name is on the list is attempting to exit Australia through an international airport or seaport. To place a child on the Watch List, you or your Family Law Lawyer need to do the following:- [...]  READ MORE →

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ASKING A FAMILY LAW LAWYER IF YOU CAN BE JOINED TO PROCEEDINGS

It is not uncommon for family members to engage in business with one another. A family law lawyer is aware of the existence of a provision in the Family Law Act 1975 (Cth) which allows for ‘any other person whose interests would be affected by the making of the order’ to be joined to a proceeding.

It is not ideal to approach a family law lawyer with an intention to go to litigation. However, sometimes the complications that can arise from the breakdown of a relationship may indirectly affect your interests as an external party. [...]  READ MORE →

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A DIVORCE LAWYER DISCUSSES THE IMPORTANCE OF INCLUDING AN APPROPRIATE PROVISION IN A FINANCIAL AGREEMENT

A divorce lawyer can advise you of the various provisions in the Family Law Act 1975 (Cth) that allow for the protection of financial resources and matters. Often, when parties enter a relationship there is a discussion about financial resources; how they are to be used in the relationship or how they will be used for the maintenance of children to come from the relationship.

To account for these considerations, a financial agreement can be drafted by a divorce lawyer and signed by the parties. This type of document is a legally enforceable tool that provides a set of conditions for the distribution and future use of monies. [...]  READ MORE →

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A child custody Lawyer details interim parenting applications

A child custody lawyer understands the growing importance of interim parenting applications in the Federal Circuit and Family Court of Australia. This is due to the ever increasing delays in the Courts, processing and finalisation of matters.

What is the expected wait time?

Depending on which registry a matter is filed, some parenting matters before the FCFCOA may take up to 3 years before a matter reaches a final hearing. This means that interim parenting orders govern the parenting arrangements between the parents and the children until a judgment is delivered or an agreement is reached between the parties. [...]  READ MORE →

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A child custody lawyer outlines the presumption and evidence of parentage

In uncommon and unfortunate circumstances a child custody lawyer may be called to advise a client who doubts the identity of the biological parent of their child. When this scenario arises, the law applies a presumption in respect of parentage and the evidence that may be obtained to decide the identity of the biological parent by law.

How does the law determine a presumption?

A child custody lawyer can recognise how the Court is able to make presumptions. More precisely, how the Court will readily make a presumption for the following: [...]  READ MORE →

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A family law lawyer explains de facto relationships before the Court

Parties to a relationship may have differing views as to what stage their relationship is at and the level of commitment each party has towards their relationship. One party may be content to be involved in the relationship, but not wish to commit to the extent that the relationship is granted marital status.

Under the law a declaration of whether parties are in a de facto relationship is not dependent upon the intention of the parties, but rather the circumstances of, and surrounding, the relationship. [...]  READ MORE →

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Sole use and exclusive occupation from the perspective of a separation lawyer

A separation lawyer is often faced with the dilemma of who is able to remain in the matrimonial home following their client’s separation. How and where a client can secure suitable accommodation in circumstances where the other party refuses to leave the former matrimonial home is an issue not uncommon to a separation lawyer.

The situation is made even more challenging when finances are not available to a party to obtain alternative accommodation for himself or herself and/or the children. Obtaining exclusive occupation of the former matrimonial home and effectively evicting your former spouse is a difficult task to achieve. [...]  READ MORE →