Most people embroiled in family law disputes want to settle matters out of court, and with good reason. Court proceedings for family law disputes are notoriously long, complex, time-consuming and extremely stressful. And more often than not, very costly. It probably comes as no surprise that by far the biggest cost in family law disputes - second only to the emotional impact on the family - is the fees that family lawyers charge their clients. And sometimes these costs are high enough to … [Read more...] about Are Cost Blowouts in Family Law Disputes Justified?
In Family Law proceedings, in arguing a case before the Family Court, you may want proof of an event (or events) that supports your case—incidents of violence by a partner, for example. You may lack proof to back up your case—many events take place behind closed doors, when no one else is present. How do you prove what happened? What about a video or a sound recording that corroborates your allegations? Can a recording of conversations, or a video of the acts of the other party, be used as … [Read more...] about Better not to secretly record or videotape
No doubt about it, we’re a multicultural nation. To prove the point, Australia was recently ranked as the second most multicultural nation in the world, after Luxembourg. Almost 50% of Australia’s population was either born overseas or has a parent who was born abroad. But how has this cultural diversity affected marriage, separation and divorce in Australia? It is a question that affects many Australians. Almost half of Australian marriages involve at least one spouse born overseas. And … [Read more...] about Family Law In a Multicultural Context
If you’re a parent going through a divorce or a separation, you might think that you know what’s best for your children. But under the law, it’s not all about you. A child’s views are often a very significant factor in determining parenting arrangements following a separation. When determining parenting arrangements, Family Law Courts must take into account the child’s viewpoints, although must also consider the child’s maturity and level of understanding, in determining what weight to … [Read more...] about Listening to the Children
In the process of separation or divorce, most couples manage to come to an arrangement as to who gets what assets. Unfortunately, there are some who reach an impasse and simply can’t come to an agreement. This can happen when couples try to resolve a particularly vexing issue like the value of a business or trust, or simply because emotions run high. In these cases, arbitration is a smart alternative to giving in to the other party or enduring a long and costly battle in the family … [Read more...] about Arbitration: The Alternative Courtroom
Most separating couples are able to resolve their Family Law disputes effectively. But for some, their family law dispute becomes an ongoing saga of conflict and expense which embitters relationships, undermines children’s welfare and everyone’s prospects of future happiness. So, what are the biggest mistakes in family law that cause couples and families such disasters? These are the seven biggest mistakes in Family Law: 1. The couple doesn't enter the family law process with a … [Read more...] about 7 Biggest Mistakes in Family Law