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?
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Most married couples don’t expect to divorce, let alone have the prudence to plan for it. Whilst we've seen a recent drop in the Australian divorce rate, the statistics show that one in three marriages still don’t last. So, what happens when “I Do” becomes “To Do”? Every divorce and separation is different given the family structure and circumstances of each marriage are varied. But the common thread in every divorce is that there are many people to think about and many things to do. … [Read more...] about 3 Matters to Discuss with Your Family Lawyer
Following a separation, should there be shared parenting with children spending equal time with both parents? Until quite recently, shared parenting was uncommon. Up ‘til 2006, only about four percent of parents got equal time with their children. But following 2006 Family Law amendments, when courts were required to consider equal time in most cases, the percentage of equal time arrangements shot up to 35 percent. Not everyone was happy about this: some critics argued that where one parent … [Read more...] about Shared parenting isn’t for everyone
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
As anyone who has had dealings with the Family Court in recent years knows, the Family Court is in trouble. Just how much trouble was clear to anyone who went along to the the National Family Law Conference in Melbourne, held last month. The conference is the major biannual gathering of family law solicitors, judges and experts in Australia, and the big topic on everyone’s lips was the crucial lack of funding for the Family Law courts. When the first Chief Justice Elizabeth Evatt opened … [Read more...] about The Family Court: 40 years on