Family Law is a unique area of law with certain principles and practises which may factor into the progress of your case. Before pursuing a family law matter, equip yourself with these five quick tips about family law to ensure you begin the process informed and confident in what is to come.
- The Courts do not want to get involved: Where possible, the Courts prefer to let parties resolve their dispute through mediation and negotiation. Once the matter is resolved and the parties’ lawyers have drafted consent orders, the Courts are happy to finalise the matter in a legally binding way. However, it is preferable for everyone involved that the Courts are an avenue of last resort because it saves money, time and stress for all.
- The children are always the first priority: The law stipulates that the child’s best interests are the most important in all family law matters. Regardless of whatever arrangement you may have, the Courts will not consent unless they are in the child’s best interest. Without evidence to the contrary, the law also presumes certain things to be in the child’s best interest, such as a meaningful relationship with both parents. You must factor this into any negotiations regarding parenting.
- ‘Just and equitable’ are more than just buzzwords: The first and final step in a property settlement is to ensure that the orders sought are ‘just and equitable’. Far from being a slogan for the Family Law Courts, this principle underpins many of the processes and procedures by which family law disputes are resolved. When putting forward an offer keep this in mind and consider whether your proposal is objectively fair.
- Negotiation is spelt c-o-m-p-r-o-m-i-s-e: Often, negotiations fail because both parties approach negotiations with the wrong attitude. Your lawyer’s job is to try and achieve the best outcome for you. However, fighting over every last detail rarely produces a beneficial outcome for either party. For that reason, it is important to approach negotiations prepared to compromise and knowing that you may not get everything you set out to receive.
- Your lawyer is there to help: Your family law lawyer has one job; to serve you to the best of his or her ability. Pursuing legal action in family law courts is a confusing and difficult process. For us to achieve the best possible outcome for you, it is important that you understand the process and what potential outcomes are available. Never hesitate to ask your lawyer a question.
If you have further questions please contact us at frank@franklaw.com.au.
This is not legal advice.