Collaborative practice offers clients an alternative to more traditional lawyer‑led negotiation at court proceedings. A key feature of a collaboration is that the parties involved commit to resolving their family law issues and concerns cooperatively without the threat of court proceedings.
The long delays and backlogs in the Family Courts have been well-publicised. These delays no doubt cause frustrations, and can be very costly for the parties involved. For this reason, the court endorses that parties resolve their disputes privately through Family Mediation, one of the more popular Alternate Dispute Resolution (‘ADR’) processes.
The treatment of superannuation in a property settlement between separating couples was historically a problem area because of the special qualities of superannuation interests.
The Family Law Act makes provision for binding financial agreements between parties to a marriage and between parties to a de facto relationship. These agreements can be made before, during or after the marriage or de facto relationship. Agreements entered into before a marriage are colloquially known as ‘prenuptial’ agreements.
The law encourages separating parents to reach agreement about matters concerning their children. Parents are encouraged to take responsibility for their parenting arrangements and for resolving parental conflict; to use the legal system as a last resort rather than first resort; to minimise present and the possibility of future conflict by reaching a negotiated agreement; and to regard the best interests of the child as the paramount consideration.
This Plain English Guide sets out some of the key provisions of the Family Law Act as it relates to children and what the Court will take into consideration when determining what arrangements should be made and who will have responsibility for the children.
When parents separate, proper arrangements need to be made for the financial support of their children. The obligations of parents to provide for their children are governed by the Child Support Scheme. This Plain English Guide sets out some of the more commonly asked questions regarding child support.
If you and your partner separate, you need to consider what is to happen in relation to the division of any property that you own. The Family Law Act provides for property settlements between couples who are, or have been, married and also couples who have been in a de facto relationship.
When you purchase real estate with a partner or spouse there are two ways in which your ownership of the property may be described: you can hold the property either as joint tenants, or as tenants in common.