FAMILY DISPUTES AND DIVORCE CASES IN AUSTRALIA

Disputes arising between spouses, family members, sibilings or other relatives are very common.  However, in some instances, the members involved in a dispute may be unable to resolve it with constructive discussion and positive decision-making processes. 

Such disputes arising between families’ can include matters of divorce, property settlement, parenting arrangements,binding financial agreements and prenuptial agreements. 

If you are in a similar scenario where you and your family members have not been able to resolve a dispute, the most prudent option would to seek legal advice/assistance from a certified lawyer who specialises in family law. 

How You Can Resolve A Family Dispute or Divorce Case in Australia?

When seeking legal assistance from a certified family lawyer, the lawyer will guide you through a process of Family Dispute Resolution. The process of Family Dispute Resolution involves using alternative methods of litigation, for example, conducting negotiations or employing an independent arbitrator to oversee and guide resolution between the parties. 

The option for alternative methods of dispute resolution are beneficial to the disputed parties as a solution can be reached at a faster rate, and is overall a less stressful and cheaper process. 

By leaving a dispute unresolved to the extent that the only option available is resolving a  matter in a court of law, it can lead to excessive costs, and months or even years in the court process.  The courts have jurisdiction to make binding orders that may not be considered as satisfactory to both parties

Additionally, the process of court litigation is very complex because Australian Family Law is governed by various family law statutes that have been inherited from the English Court. There are separate family courts in Australia which are designated to hear specific matters of divorce, parenting arrangements and other family disputes. 

Ulitmately, the outcome for a resolution that satisfies the disputed parties is most likely to be achieved by Family Dispute Resolution rather than through complex litigation. Unified Lawyers, as one of Sydney’s top firms for offering family lawyers Sydney services and embodies the aim to find the best solutions using Family Dispute Resolution processes. Unified Lawyers, aim to make the divorce and separation process as uncomplicated as possible by offering complete guidance on each and every step of the process. 

Are you in the process of going through a Divorce? 

If you think that your marriage is breaking down or you ae considering the option of ‘divorce’, the first step is to discuss the option of a divorce. 

Divorce through mutual consent:

A ‘Divorce through mutal consent’ is a divorce whereby both paries do not contest the circumstances of a divorce. 

Additionally, if you have children, there will be a need to settle child custody rights and property inheritance. 

An experienced family lawyer will be great assistance to couples getting divorced via the process of mutual consent, which is achieved through ‘private dispute resolution’.  The goal for ‘divorce through mutual consent’ through ‘private dispute resolution’ is to ensure that all matters that must be settled can be resolved without proceeding to court litigation. 

Divorce through mutual consent does NOT apply to: 

  • Cases of domestic violence
  • Child abuse
  • Drug addiction

For such matters, the case must be contested in the Family Courts of Australia. 

How Do Private Dispute Resolution work?

Firstly, the process of private dispute resolution is preferred by many people going through a divorce because the resoltuon process is undertaken by a qualified family lawyer. A family lawyer will conduct sessions between the parties to discuss a resolution of issues.  The process of private dispute resolution does cost more than a public service dispute resolution, however, it guarantees that a resolution is achieved at a faster rate. 

Secondly, private dispute resolution ensures that a disputed party understand their options and rights before making a final decision in the process. By appointing a qualified family dispute lawyer to your matter, you are able to receive legal advice which protects your interests and guides you on how to respond to proposals made by the other party. 

Thirdly, during a private dispute resolution session, the appointed lawyer will ensure that all concerns and issues are raised openly during the sessions. The role of the lawyer is to facilitate a discussion so that you can reach an agreement that is amicable to both parties. The lawyer is independent from both parties and will not make any judgements or binding decisions. 

 

Finally, when you attend a session, both you and your spouse may be in the same room together during the discussion. Ofcourse, this is conditional on the consent of both parties. During this process, the family lawyer may direct you to go into a different room while they conduct private discussions with the other party. 

It is also important to know that you have the option to bring a third person to accompany you as a form of support when dealing with emotionally challenging issues.

Ultimately, Unified Lawyers is available to help you each step of the way with your best interests at the forefront of their efforts.