Family law
On this page:
- Parenting Orders
- Property Settlement
- Divorce and statistics...
At JLV, we understand how much turmoil surrounds a family breakdown and the consequences of that breakdown. We aim to help you navigate the process as easily as possible.
Parenting Orders are sought in the Federal Circuit Court and Family Court of Australia under the Family Law Act 1975. The Act covers, amongst other things, the aspects relating to the Court's powers to make an Order relating to the parenting of children.
Sometimes it is possible that the parents can avoid a battle in Court by negotiation or mediation and if you can stay out of Court then it is always beneficial to the parties involved. If there is agreement between the parties then you can formalise that agreeagreement with a parenting plan (not recommended) or seek to have the Court recognise your agreement via "Consent Orders". This is where you show the Court the agreement between the parents and the Court seals that agreement with the Courts seal. This means the agreement is now enforceable by the Court.
Alternatively when negotiations or mediation will not resolve the issues then we can help to make the application to the Court for parenting Orders. This is usually where one parent takes the other parent to Court to force a resolution of the issues and it is a request to the Court for the Judge to help reach the right balance between the competing interests.
The paramount and guiding principle of the Court is always to make an Order that is in the best interests of the child(ren). The Court will look at each parties case and do its best to make a lasting Order that is both practical and fair.
Give JLV a call and we can look at the right options for you.
A family breakdown is very difficult even when the parties involved are amicable. Not only are the members of the family under incredible stress, but there are also financial considerations to take into account.
Often the financial matters just need to be dealt with through lawyers so that it can take alot of the angst and frustation out of the process. At JLV we are here to help you get the best result in a timely fashion so that you can move on to the next stage of your life.
The property settlement process involves determining what is in the Asset Pool and then agreeing on how that Asset Pool is divided amongst the parties. This involves identifying what assets and liabilities exist. Contributions are also taken into account alongside the length of the relationship. There are many factors that can weight how parties agree to split their assets. Other considerations may be inheritences, lump sum payments and other gifts that are to be treated differently to the general assets accumulated during the relationship.
The parties can either agree to Consent Orders to formalise their agreement of how the property is split, or if the parties cannot agree then an application for a property settlement Order can be made (aka trial). Often negotiations result in settlement, sometimes it needs a robust mediation so that the issues are properly addressed. if you need help in your property settlement matter please give us a call.
Divorce is an emotionally challenging experience that impacts many families around the world. In Australia, divorce rates have been gradually increasing over the years. However, it is important to understand the prevalence of divorce matters that actually proceed to trial. This article aims to explore the statistics of divorce in Australia and shed light on how many cases end up going to trial.
Divorce Statistics in Australia:
According to data from the Australian Bureau of Statistics (ABS), the number of divorces granted in Australia has been steadily rising over the past decade. In 2020, there were a total of 49,116 divorces granted, marking an increase from the previous year. This indicates the continued significance of divorce as a social issue in the country.
Factors Contributing to Divorce:
Various factors can contribute to the breakdown of a marriage, leading to divorce. Some common reasons include financial difficulties, communication problems, infidelity, changes in priorities or interests, and irreconcilable differences. Understanding these factors can provide insights into the challenges faced by couples and help guide efforts to support healthy relationships.
Divorce Proceedings in Australia:
In Australia, the Family Law Act 1975 governs divorce proceedings. It provides a "no-fault" divorce system, meaning that the reasons for the breakdown of the marriage are not considered in the granting of a divorce. To initiate the divorce process, couples must be separated for at least 12 months and satisfy other legal requirements.
Resolution Without Trial:
While divorce may evoke images of courtroom battles, the reality is that the majority of divorce cases in Australia are resolved without the need for a trial. The Family Law system encourages alternative dispute resolution methods, such as mediation and negotiation, to reach agreements on matters such as property division, child custody, and spousal support.
Trial Rates in Divorce Matters:
Statistics indicate that a relatively small percentage of divorce cases in Australia proceed to trial. The vast majority of divorcing couples are able to resolve their disputes through negotiation, mediation, or collaborative law processes. This helps reduce the burden on the courts and provides a more cost-effective and less adversarial approach for families involved.
Benefits of Alternative Dispute Resolution:
Alternative dispute resolution methods offer several advantages for divorcing couples. They provide greater control over the outcome, promote open communication, and prioritize the best interests of any children involved. By avoiding the uncertainties and costs associated with court trials, couples can also reach resolutions more efficiently.
Conclusion:
While divorce rates continue to rise in Australia, the statistics reveal that only a small percentage of divorce matters proceed to trial. This highlights the effectiveness of alternative dispute resolution methods, such as mediation and negotiation, in helping couples reach amicable agreements. By prioritizing the well-being of the family and embracing non-adversarial approaches, Australia's Family Law system aims to provide a supportive environment for individuals navigating the challenges of divorce.
CONTACT US
Just Law Victoria - Criminal and Family Lawyers
Level 1, 22/797 Plenty Rd, South Morang, Victoria
