How to avoid family court following separation with Brisbane divorce lawyers
This is an obvious concern for you if you have recently separated. It has got to be a better outcome for you to negotiate an amicable agreement with your former partner, whether for child custody or property division.
Recently, The Australian published an article about “Lawyers ‘fuelling family conflict’” (31/10/2018) and ABC News published a similar article headed, “Judges go public: Family Court shouldn’t be ‘making do’”. These articles referred to criticism of some family lawyers creating unnecessary fights and taking aggressive and combative approaches, particularly in the Sydney Registry.
At LGM Family Law, our Brisbane Divorce Lawyers and North Brisbane Divorce Lawyers represent our client’s interests firmly and effectively without taking an aggressive, combative approach. We will work with you to achieve resolution of your family law issues, only recommending court action if necessary and as a last resort. However, most of our clients do not go to court. Instead, we assist them to make child custody arrangements and to reach a family law property settlement on an amicable basis with their former partner. There are many effective avenues to resolve your matter and thereby avoid family court and the long delays and associated costs within the Court system.
So how can you resolve your family law matters and avoid family court?
• Negotiate directly with your former partner. We recommend before doing so that you each obtain your own independent legal advice. This is best done on or even prior to separation. This way you will know where you stand in your negotiations. Once you have reached an agreement, that agreement can be formalized by a Parenting Plan, Consent Orders (for parenting and/or property division) or a Financial Agreement. See our blog about financial recovery following separation and divorce.
• Negotiate though a family lawyer in Brisbane. One of the advantages of using a family lawyer is that it should remove some of the feelings from your situation leading to a faster and less stressful resolution.
• Attend mediation (or Family Dispute Resolution) to negotiate with the assistance of a mediator. We recommend before doing so that you each obtain your own independent legal advice from a family lawyer Brisbane.
• Attend lawyer assisted mediation to negotiate with the assistance of a mediator. This can be particularly useful as parties can explore proposals, obtain on the spot legal advice, have their lawyer assist them with negotiations and in some circumstances prepare the final orders on the day.
• Obtain expert evidence to assist in decision-making. This might be a family report in relation to child custody’s matters or a valuation for property or business. This can resolve contentious issues and lead to a resolution.
This list is not exhaustive and there are other methods as well that can be used to assist you in resolving your matter and to avoid family court.
A breakdown of a relationship and separation can be a difficult time. As you plan for your future, your vision of how child custody arrangements should be made or regards family law property settlement may well be at odds with how your former partner views things.
Our Brisbane Divorce Lawyers and North Brisbane Divorce Lawyers are experienced in both property and child custody matters. We will explore all options with you including how to structure a property settlement that your former partner may be willing to accept.
Contact LGM Family Law! Our Brisbane Divorce Lawyers and North Brisbane Divorce Lawyers are here to help you and not have you incurring unnecessary expenses, stress and delay by proceeding through the Family Court when a just and equitable property settlement or resolution to parenting matters can be obtained as effectively though other means.