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Why you should try Family Law Mediation

Resolving a family law dispute is often complex as parties are usually dealing with emotional and psychological barriers that stem from the domestic relationship in addition to the legal issues. Additionally parties can be in different emotional stages when moving forward from the end of the relationship and this can cloud a party’s ability to interact constructively.

Family Law Mediation is an opportunity for parties to communicate their ideas, concerns and proposals to each other in a safe environment. Particularly in instances of high conflict, it is very common for family law mediation to take place in shuttle. This means parties remain in separate rooms and can still communicate their views through the mediator without having to worry about being met with confrontation from the other party. [...]  READ MORE →

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Issues of Risk and Supervised Time in Child Custody Disputes: The Re Andrews Principle

Issues of risk in child custody disputes typically arise in circumstances of family violence. One solution that is commonly proposed to reduce issues of risk is supervised time. The purpose of supervised time is to protect the children from any unacceptable risk of harm. Time is supervised by an independent supervisor or a trusted family member or friend.

Supervised time may also be suitable in child custody arrangements where one parent’s caregiving capacity is impaired and supervised time ensures the child’s needs are met. [...]  READ MORE →

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Divorce Lawyer Explains the Steps You Can Take if You are Unhappy with Your Final Orders

If you are not satisfied with your Final Orders made by the Court, your divorce lawyer can provide you with some advice about your options of an Appeal. Appeals must be filed within 28 days of the Orders being made.

However, the filing of an appeal does not automatically stop the obligations contained in the Final Orders. As such, your divorce lawyer may advise whether it is appropriate to file an application to stay the Final Orders. If the application for a stay is successful, the Final Orders will not operate until the appeal is decided. [...]  READ MORE →

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What You Need to Show the Court to Obtain a Divorce

In order to obtain a divorce, there are certain requirements depending on whether you have children under the age of 18 years. If you do have children under the age of 18 years, your divorce lawyer will need to demonstrate to the Court that:

  1. Proper arrangements in all the circumstances have been made for the care, welfare and development of the children, or
  2. That there are circumstances by reason of which the divorce order should take effect even though the court is not satisfied that such arrangements have been made.

There is a positive obligation on the Court not to allow divorce orders to take effect unless proper arrangements have been made for the children. Your divorce lawyer will consider the following factors when advising you: whether any child support is being paid, whether both parents are spending time with the children, the health of the children and whether they are attending and progressing in school. [...]  READ MORE →

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4 Important Questions You Should Ask Your Divorce Lawyer

By Carolyn Munk, Principal Family Lawyer. 

Your Divorce Lawyer will tell you that an early practical and cost effective outcome is the best outcome for you and for the family as a whole.

Sometimes in complex matters that is not possible, but in many cases, if the client is well informed then such an outcome is easier to achieve.

Our Divorce Lawyers try to ensure our clients are informed about the following considerations:-

  1. What will be the impact of litigation upon the family and the future of the family to work together
  2. What is my best likely outcome
  3. What are the risks and the worst likely outcome
  4. How much will the legal costs be if I:-
    • Settle the case now
    • Try to see what settlement can be achieved if I participate in mediation
    • Proceed to litigation and let a Judge decide what financial and or parenting Orders should be made for my family.

While the Judges do the best they can in a limited time frame and with a limited knowledge of your family; there are significant Court delays and these are now probably the worst that they have ever been. [...]  READ MORE →

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Spousal Maintenance – Divorce Lawyers Explain How Much Is Reasonable

By Chloe Elkerton, Family Law Solicitor.

Divorce lawyers are often asked about rights to spouse maintenance. Spouse maintenance is financial support paid by a party to a marriage or de facto relationship to their former spouse after the relationship has broken down. The Court has the power to make an Oder for one party to pay spousal maintenance in circumstances where:

  1. One party is unable to support themselves and has an adequate reason for being unable to do so; and
  2. The other party is reasonably able to pay.

A question Divorce lawyers are often faced with, is, how much will I be required to pay?

In the recent case of Simpkin & Simpkin [2020], the trial Judge considered an application for spousal maintenance by a Wife who was in receipt of a disability support pension and was unable to work. On the other hand, the Husband was in a managerial position earning an annual salary of $240,000. [...]  READ MORE →

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How has Covid-19 affected Family Law Mediation?

Family Law Mediation is used by parties as a way of trying to resolve or reduce the number of issues in a family law dispute with the assistance of a mediator. The benefits of family law mediation are far reaching particularly when parties are able to avoid the considerable costs, time and stress associated with Court proceedings.

The onset of the pandemic saw parties, legal practitioners and even the Court having to quickly adapt to online and electronic means in addressing disputes. Family law mediations have been no different and in fact have proven to be a useful pathway to resolving matters over the online platform. [...]  READ MORE →

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What is the Role of the Mediator in Family Law Mediation?

Parties often attend family law mediation as an opportunity to try and resolve their family law dispute whether it be custody matters, property distribution or child support matters. However often parties can be confused as to the role of the Mediator in family law mediation and their part in assisting the parties in reaching a resolution.

The greatest misconception by parties is that the Mediator will provide the parties with legal advice. They will not. The Mediator must remain neutral and therefore will not advise either party as to the legal merits of their case. The Mediator’s prime role is to facilitate the family law mediation process in a way that enables both parties to effectively identify the issues in dispute and assist with generating options that might resolve these issues. [...]  READ MORE →