Family Law Litigation Lawyers
Litigation will typically be used on issues around property settlements, parenting arrangements, spousal maintenance, child custody and support.
Court is usually, but not always, a last resort. Usually recommend when there is some genuine urgency, negotiations are not in your interest, or where you have reached an impasse to your negotiations, and it is not overall beneficial to continue them.
The family Lawyers at PB Lawyers Australia will always advise you on the various available processes and make a recommendation as to which one is best suited to you. Court is one of the available processes.
What is Family Law Litigation?
Litigation requires both parties to take their case to the Family Court. A judge will hear the case and settle the Property Settlement Process based on the evidence each party presents. It is a more formal process, and achieving a family law property settlement through litigation is often more adversarial in nature. Despite this, it’s a choice that many people are forced to make because they cannot reach an agreement within the property settlement time limit.
There may also be issues in meditation if one party doesn’t take the process seriously or attempts to play hardball.
When you decide which route to take, you have to consider the specifics of your case. We will go over the details of your case, discuss your goals, and your situation to help you make the right decision moving forward.
Benefits of Family Law Litigation
Taking the litigation route means that you have to take your case to the Courts. This system sets up the parties in an adversarial position, they are opponents.
Before you can take your case through litigation, you have to file supporting documents and state the outcome you are looking for. An Initiating Application/Response is required for financial and parenting matters, and these detail the orders they would like the court to make. Additionally, you may need to file Affidavits to support their case.
Financial statements must also be filed, whether it’s the property settlement process or child custody. This is a discretionary territory, which means that any outcome is possible.
- The court holds the power to compel both parties to provide a full disclosure of finances, which is an important part of the process, especially if you suspect the other party is hiding things.
- The court has the power to implement timelines if they believe one party is intentionally delaying proceedings
- The Court has the power to subpoena relevant third parties if necessary.
- Your evidence is heard in a formal setting by an impartial expert.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Family Law Litigation Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Represent You in Court
Negotiate with Opposing Side
Minimise Litigation Expense
Advocate for Alternate Dispute Resolution
Finalising Settlement
Client Testimonials and Reviews
Frequently Asked Questions
Is litigation the right choice for me?
Reaching agreement out of court is usually more time efficient than litigation. However, out-of-court negotiations require co-operation and a commitment to settle from both sides of the fence. Too frequently, parties are frustrated by the other side’s unwillingness to provide information and co-operation for any negotiations to be fruitful.
A common misconception with court proceedings is that once they have begun, the opportunity to settle is taken out of the parties’ hands and a judge will make a final determination about the future care arrangements for their children or the division of their assets. This is far from the case, as the vast majority of family law proceedings do not proceed all the way to a final hearing, and of those that do, many settle at the door of the court.
How can I appeal a Family Court decision?
If you are dissatisfied with a Family Court decision in Australia, there is generally an option to appeal the ruling.
Under Division 4 of the Family Law Act 1975 (Cth), individuals have the right to appeal a decision made by a judge in the Federal Circuit and Family Court, particularly when it pertains to child-related matters or child support issues.
What is the FCFCOA?
FCFCOA stands for the Federal Circuit and Family Court of Australia. The FCFCOA is a specialised court that plays a crucial role in handling family law matters such as such as divorce, child custody, property settlements, and spousal support. It also exercises jurisdiction over federal circuit matters such as administrative law, migration law, and bankruptcy.
By centralising expertise, the FCFCOA ensures that cases are handled by knowledgeable Judges well-versed in the intricacies of family law disputes.
