Resolving Family Law Matters
The family law in Australia offers all families the opportunity of resolving their issues by negotiation and agreement. This is the most common process of resolving family law issues in Australia. It also helps people to keep the costs of divorce, property settlement, and parenting issues to a minimum.
Party to Party Negotiations
Resolving family law issues by negotiating directly with the other party or through a family lawyer can often resolve issues quickly and allow everyone to resolve their disputes with the least costs and stress.
Negotiating Parenting Matters
In parenting matters, provided there are no court orders in place, parents can make care arrangements for their children by agreement. If the parties want to legally formalise their negotiation, they can make an Application for Consent Orders to the Family Court. Provided the proposed arrangement is lawful and in the best interests of the children, family law parenting orders can be issued governing the care arrangements of the children.
If you do not want to legally formalise your parenting agreement, then there is no requirement for you to do so.
Negotiating Property Settlement Matters
In property settlement matters, you can come to an agreement about the separation of property. It is almost always recommended that you formalise your property settlement legally to avoid complex risks that can occur where property settlement is not legally formalised. This can include a creditor of a bankrupt party coming after the other party’s property.
A property settlement agreement can be formalised our of court through to processes being a Financial Agreement or Application for Consent Orders.
Mediation
Mediation can be an effective way of resolving your family law matter through the assistance of a third party (the mediator). The mediator is unbias and attempts to help the parties reason and resolve their disputes amicably.
Mediation can be used to reach an agreement for both property and parenting matters. It is recommended to formalise your property settlement legally to avoid complex risks that can occur where property settlement is not legally formalised. This can include a creditor of a bankrupt party coming after the other party’s property.
Mediation can be undertaken with or without family law solicitors, as the circumstances require.
Assessment of your Family Law Matter
To assist you with an initial assessment of your family law circumstances we recommend you gather the following information and write a short and concise record (dot points) of the following information:
1. Start by preparing a timeline of your relationship including the following information:
- The date or the closest date you recall when you began living with your former partner;
- The date you separated from your former partner;
- Your and your partner’s dates of birth;
- The birth dates of your children (if applicable);
2. If your matter involves property settlement then include the following information:
- Your assets and those of your former partner at the time you commenced the relationship. This can include money, cars, boats, houses, shares, furniture etc.
- Your assets and those of your former partner at the time you separated.
- Your assets and those of your former partner between separation and now (if there have been significant changes since you separated).
3. Write down whether you or your former partner or any children in your care or children that you are responsible for have any health issues or special needs. This could include learning difficulties, a disability, mental health issues, mental impairment or serious medical issues.
4. Make a list of any question you have in preparation for speaking with one of our experienced Family Law Lawyers.
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