Going to Court and avoiding delays family law
Are you thinking of going to court for your family law matter?
Apart from the cost involved, you should be aware that there can be real delays in the process of a court action. There is the time that can pass from the date of filing your court documents before your matter may be set down for a trial. Even once the trial is finished, in some cases, it can take some considerable time before the judgement of the court is issued. In the meantime, your life may be put effectively on hold in many ways waiting to know that final outcome. Even then, if either party decides to appeal against the decision of the trial judge, further time will pass before the appeal court passes judgement.
Delays are the function of a court system that is under pressure to meet the many demands placed upon its resources.
If you can avoid going to court and agree consent orders with your former partner whether for family law property settlement or parenting orders, the process through to the point of final consent orders should not be nearly as lengthy as it would be to obtain orders following a trial.
Read on for further information about the current proposals for the family courts……..
In the Weekend Australian 8-9 September 2018, a front page article highlighted significant delays for parties who are in court in obtaining judgement in their proceedings in the Family Court of Australia. The article made mention on one matter where the judgement of the court had not been delivered more than four years after the trial had ended. In another case, a woman has been waiting for more than three years for judgement from the Family Court to determine whether she is divorced under Australian law and if the Family Court of Australia is the proper forum for hearing of her property dispute with her former husband or if the property matter should be heard in the country to which her former husband has returned.
Whilst there is legislation that has been introduced to merge the Family Court of Australia and the Federal Circuit Court of Australia for the purpose of increasing efficiency, the Law Council of Australia has warned that such restructuring will not resolve delays for people going to court unless there are more resources made available to the courts.
Given the delays (and even apart from them), there is no doubting that it is generally better for a former couple that they resolve their differences and reach agreement, whether for parenting orders or for family law property settlement, without actually going to court. An amicable settlement can be reached in a number of ways, including by negotiation through your solicitors and by both parties attending a mediation.
Contact our experienced Brisbane family lawyers and family lawyers North Brisbane for advice about the options available to you whether for family law property settlement, parenting orders or parenting plans.