In our view, the evolution of the Australian Family Law Court has been largely schizophrenic from struggling with alternative dispute resolution systems saddled an outdated view that there are no winners when relationships are broken down? This is reflected in the fact that costs are really awarded and if one party loses or is in contempt of court. Judges are powerless to a large extent.
The fact that only 16% of the cases lodged will make it to a final trial shows the high attrition rate. A case can typically last for many years. It is emotionally draining and costly. The other side may make allegations which are emotionally distressing and may not reflect what actually happened in the relationship. Children are also treated as weapons by some parties.
However, we only take on family law cases to win them. Clients must be prepared to be ruthless in adopting the agreed strategy and always look to place as much pressure on the other side as is possible, with a view to achieving the most favourable settlement as early as possible. Firms that adopt a softly softly approach only elongate the inevitable in our view.
The alternative, to avoid the court system, we strongly advise our clients to use BFA’s as much as possible to avoid financial disputes later. Parties are also encouraged to have an agreed parenting plan or consent orders.
We don’t have a softly softly approach and seek to intensively progress all family law matters to ensure that a quick and advantageous settlement is obtained many lawyers drag on matters to “milk” clients rather than seeking an intense and quick approach.
Where the matter is sensitive, then we adopt a different strategy. Strategy and execution is how you win in family law.