Under the Family Law Act there are ways to resolve and settle property disputes out of court using binding financial agreements. However, in more complex cases, we will encourage the parties to agree on a set of final consent orders and then apply to the Court to review and approve them as orders of the court.
Divorce and de-facto relationship break ups are unfortunately all too common. Feelings are hurt, and defences are up.
Getting early access to the right sort of competent, rational and balanced advice is really important and can make a huge difference to outcomes.
Rushing into the arms of “white knight” lawyers to engage in hard fought litigious “lawfare” is often not the right decision to make, as it may prove very time consuming, costly and stressful.
The family courts are clogged with cases and there may be substantial delays in getting matters concluded before a judge.
Working out shared parenting arrangements at the same time as trying to agree on property division can easily heighten the tensions and increase the risk of giving away a lot of your time and money to lawyers and the court system.
There are often better ways, choices and options open to you, if you get to the right advice and guidance soon enough.
Most judges and experienced lawyers will urge you to make going to court your very last resort. We believe this, and don’t just pay it lip service.
On 14 December 2017, the following headline appeared in The Australian newspaper “Judge slams obscene legal fees”. A family court judge accused a number of lawyers of charging obscenely high fees in family law disputes. He said their attitude and approach was “win at all costs, concede little or nothing and chase every rabbit down every hole”. He said this attitude and approach is destructive of the emotional, social and financial wellbeing of the parties and their children.”
We are the antithesis of this criticised approach.
From long experience we know that if you and the other party find your way into the hands and assistance of experienced and sensible lawyers, those family law lawyers can establish a dialogue and set up a collaborative negotiation process that will nine times out of ten see most, if not all the issues resolved without any need to have a stoush in court leaving it to a judge to work it out and make a determination.
You may be interested to know that the Family Law Act, Regulations and the official guidelines issued by the Chief Judge of the Family Court and the Federal Circuit Court mandate that your lawyers should do all that they can to resolve the issues between the parties via negotiation, conciliation, mediation and arbitration.
There is absolutely no need for this process to be stressful to the parties involved and the more cooperation there is the more that can be accomplished without any substantial legal costs being incurred. So let us help you.
We will make sure that the typical traps and pitfalls are avoided.
As you will see on our website we will not charge you a cent until we have met with you, discussed the case, listened to you, answered your questions and worked out a roadmap to manage and resolve your dispute that you approve.
It does not get any easier than this.