Jaswinder (Jas) Sekhon, Author at Goldman Law - Page 17 of 23

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Sydney Divorce & Family Lawyers

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Australian Divorce Law Insights & Tips 2023

Understand The Complex World of Divorce Proceedings.

Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.

Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.

We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.

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How to Start Your Divorce Application

Step 1: Your Relationship Must Have Ended

The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.

Step 2- Submit a Online Application

To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Divorce Applications - How Long Does It Take

Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.

Step 3: Update Your Will While You Wait

If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.

Divorce Quick Facts & Fees 2023

2023 Rates Of Divorce & Separation In Australia

Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.

Divorce & Lawyers Fees (Sydney)

Based on recent statistics, the divorce rate in Australia 

Guided Self Help Fees- DIY Divorce

Based on recent statistics, the divorce rate in Australia 

3 Traps in Divorce Costs

Based on recent statistics, the divorce rate in Australia 

Parenting

Based on recent statistics, the divorce rate in Australia 

Financial Separation

Based on recent statistics, the divorce rate in Australia 

International Divorce

Based on recent statistics, the divorce rate in Australia 

Read More

Goldman Law Third Level Template V1

Sydney Divorce & Family Lawyers

Facts, Free Consult & Prices

Australian Divorce Law Insights & Tips 2023

Understand The Complex World of Divorce Proceedings.

Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.

Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.

We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.

Goldman Law Awarded & Recognised

How to Start Your Divorce Application

Step 1: Your Relationship Must Have Ended

The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.

Step 2- Submit a Online Application

To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Divorce Applications - How Long Does It Take

Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.

Step 3: Update Your Will While You Wait

If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.

Divorce Quick Facts & Fees 2023

2023 Rates Of Divorce & Separation In Australia

Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.

Divorce & Lawyers Fees (Sydney)

Based on recent statistics, the divorce rate in Australia 

Guided Self Help Fees- DIY Divorce

Based on recent statistics, the divorce rate in Australia 

3 Traps in Divorce Costs

Based on recent statistics, the divorce rate in Australia 

Parenting

Based on recent statistics, the divorce rate in Australia 

Financial Separation

Based on recent statistics, the divorce rate in Australia 

International Divorce

Based on recent statistics, the divorce rate in Australia 

Read More

Sydney Parenting & Custody Lawyers

Sydney Parenting & Custody Lawyers

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Parenting & Child Custody Law, Insights & Tips 2023

The Complex World of Parenting and Children in Family Law

Dealing with proper parenting and “custody” under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

Parenting Plans and “Guided Self Help” start from fixed fees of $200 to $500. Full service where we handle it all will be about $1,200 in lawyers’ fees. Consent Orders start at $1,500 excluding disbursements (Government Fees).

For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.

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Parenting in Australian Family Law

Step 1

Every family’s journey is unique, particularly when navigating the complexities of separation. As an experienced family law practitioner, I’m here to help shed light on some crucial elements of Australian family law: Parenting Orders, Child Support, and Parenting Plans.

Australia’s legal system recognises that a child’s welfare is paramount in any situation. Hence, Parenting Orders are put in place as a formalised structure for parenting agreements. Parents who may require more structure or legally binding commitments often seek this option to ensure adherence from all parties involved.

In our view, we have had far too many ineffective changes to the Family Law Act. We need to question this constant updating and the burden of the increasing costs and the delays. This is why we introduced “Guided-Self-Help” to save more than 50% in lawyers’ fees to help our clients and the public in response.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Step 2 - What changes result from the Family Law Amendment Bill 2023

The Family Law Amendment Bill 2023 (the Bill) will amend the Family Law Act 1975, with the stated purpose being to make the family law system safer and simper, and ensure the best interests of children are placed at its centre.

The need for structural and systemic reform of family law has been a consistent theme in the plethora of inquiries and reports produced over the last 20 years.[4]

Professor Patrick Parkinson, a family law academic argues amending the core elements of the law on parenting after separation, goes very far beyond what is necessary and justified in order to remedy perceived deficiencies in the current law.

Parenting Orders if they are not by consent can cost clients many tens of thousands of dollars if disputed. If there are parenting disputes, factor in this as well as child stress and extreme emotional stress. Academic commentary is devoid of the actual practice of Family Law Courts in this area. We can guide you to achieve the least cost, pain and stress free parenting solutions

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

professor Parkinson also argues against the removal of many of the provisions that emphasise the importance of children’s relationship with their parents, as this may send a message that parents are no longer to be valued or valued as much as previously.[28]

What These Reform to The Family Law Act Now Promise Other Than More Headache?

  • Amend the parenting order framework by refining the list of ‘best
  • interests’ factors, removing the presumption of equal shared parental responsibility; and
  • related equal time and substantial and significant time provision, and clarifying the circumstances in which a court can vary an existing parenting order;
  • allow registrars of the Federal Circuit and Family Court of Australia (FCFCOA) to be delegated the power to impose a make-up time parent order in contravention proceedings;
  • to introduce ‘harmful proceedings orders’ and extend the ‘overarching purpose of family law practice and procedure’ and the accompanying duty to all proceedings instituted under the Family Law Act 1975.

Parenting Plans

Step 3 The Best Approach If Your Spouse Agrees

A less formal approach to organise parenting agreements are Parenting Plans. These are distinct from Parenting Orders due to their informal nature and inherent flexibility. They are non-binding and can be changed as circumstances evolve. Families often choose Parenting Plans when they want to avoid court intervention, preserving an amicable and cooperative parenting environment.

Dr. Bruce Smyth, a specialist in family studies from ANU, notes, “The informality of Parenting Plans can serve as a strength, enabling parents to tailor arrangements to their unique family situations.”

Negotiating Parenting Orders and Parenting Plans

Parenting Orders (Consent Orders) are one way to formalise a parenting agreement. They can address various concerns, including parental responsibilities for both long-term and day-to-day decisions and the time children spend with each parent.

Prof. Belinda Fehlberg, a family law scholar at Melbourne Law School, explains, “Parenting Orders provide a legal structure that outlines the responsibilities and rights of each parent, facilitating a clear and fair parenting approach.”

“Parenting Plans,” as Dr. Bruce Smyth elucidates, “provide a practical framework for parenting, allowing both parents to negotiate and agree on arrangements that best suit their child’s needs.” 

Sensible parents should agree a simple parenting plan from $500 and stay out of the mess of the Court system, in our view.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

On the other hand, Parenting Plans provide a flexible, informal approach to determine parenting arrangements. Often, they are used when parents initially separate and need a practical method to establish arrangements that serve the children’s best interests.

Understanding Child Support

The Child Support Agency administers child support assessments, separate from parenting proceedings in the Federal Circuit and Family Court of Australia. Any parent or non-parent carer can apply for an administrative assessment under the Child Support Assessment Act. The Agency uses a formula based on the actual costs of raising a child and the parents’ respective incomes to determine the amount of child support payable.

“Child support assessment,” states Prof. Patrick Parkinson of Sydney Law School, “is a critical process that ensures a fair and equitable financial support system for the child, putting their best interests at the forefront.”

Child support should be dealt with a simple private child support agreement between the parties and they start from $500 for us to draft. Professor Parkinson ignores the practical realities and is wrong in our view about “fair and equitable”. Fathers who earn cash jobs or show reduced income via self-employment structures avoid this. Or Fathers who pay a lot and where the mother doesn’t spend the money on the child. Surely, there must be a say on the spend side? international clients, and these are issues that 99% of family lawyers are unable to properly deal with.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Recognising the Role of Grandparents

In instances of separation, grandparents may face challenges in maintaining relationships with their grandchildren. However, the Family Law Act acknowledges the essential role grandparents play and the impact separation can have on their relationships. Thus, the Act permits grandparents to apply for Parenting Orders to spend time with their grandchildren if they wish to do so.

Resolving Family Disputes & Mediation

Family Dispute Resolution is a process designed to help families reach an agreement without resorting to court intervention. It involves an independent Family Dispute Resolution Practitioner (FDRP) who helps parents explore various options to resolve disputes, encompassing parenting and financial matters. Parents can then formalise any agreed-upon parenting arrangements through a Parenting Plan or Consent Order.

We have seen confusion in the courts between bringing proceedings in Australia, or say Hong Kong or India? Carefully consider which jurisdiction you should bring proceedings in and where it’s better for you? We regularly advise international clients, and these are issues that 99% of family lawyers are unable to properly deal with.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Prof. Rachael Sharman from the University of the Sunshine Coast shares, “Family Dispute Resolution is a vital tool in minimising conflict and promoting cooperation, which in turn benefits the entire family, especially children.”

Managing Relocation and Travel

Relocation with a child requires the other parent’s consent under Australian law. It ensures the child’s best interest and equal shared parental responsibility, promoting a child’s right to meaningful involvement from both parents. Family law courts can intervene to prevent a relocation that’s deemed against a child’s best interests, but they cannot prohibit a parent from relocating to a new city, state, or country.

Dr. Judy Cashmore, Associate Professor in Socio-Legal Studies at Sydney University, advises, “Relocation cases can be complex. The best interests of the child are always central in any decision, balancing the right to maintain meaningful relationships with both parents and the freedom of parents to relocate.”

Grandparents often have a profound and positive influence on their grandchildren,” emphasises Dr. Robert Emery, a noted psychologist and family law expert with whom we agree. However, it is the rare Grandparent that can afford a contested Court application. Guided Self Help won’t work if you are not savvy with Microsoft Word and online Court portals either! international clients, and these are issues that 99% of family lawyers are unable to properly deal with.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Contested Parenting & Contravention of Court Orders

Step 4 How Much and How Long?

Assuming that you can afford to go to mediation or use a government service like Relationships Australia? Relationships Australia usually has a wait of several months and is cheap. Private mediation will definitely cost you a few thousand dollars and is quicker.

Of course, if there is a risk of psychological or physical harm to the children then we don’t need to do the above and can seek urgent interim orders in the best interests of the children.

Of course, all of the above is before you get to Court and the Court may order extra mediation still; and if the dispute continues there may be an ICL involved as well as family reports and psychological assessments. Budget at least $20,000 for all this, before you get to a hearing in a year or so time.

Over the last few years there have been, in theory, quicker contravention lists and if a parent has contravened standing court orders, please contact us to quickly review your facts and we may seek urgent contravention orders to avoid uncertainty for the children.

As an accredited mediator, we do not act as a FDRP. A typical FDRP mediation can cost $5,000 for each party. We offer mediation at a reduced rate if the parties are willing to compromise. Otherwise join the expensive queue and wait up to six months. Call us and we will guide you through this maze. international clients, and these are issues that 99% of family lawyers are unable to properly deal with.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Conclusion and Help for The Parenting Journey in Family Law

Remember, navigating through family law matters can be complicated and emotionally challenging. But understanding these foundational elements can empower you in making the right decisions for your family. As your guide in this journey, I encourage you to approach our family law experts or seek other legal advice to make informed decisions that protect the interests of all parties involved, most importantly, your children and to stay away from prolonged expensive parenting disputes if you can.

Citations

Following footnotes detail the sources cited:

  1. Erickson, N. S. (2006). The Lawyer’s Guide to Family Law. American Bar Association.
  2. Rhoades, H. (2017). “Reforming Australia’s Parenting Laws: A Plea for Practical Realities.” Sydney Law Review.
  3. Smyth, B. (2009). “Parenting after Separation — A Position Statement prepared for The Australian Psychological Society.” Australian Psychological Society.
  4. Parkinson, P. (2011). “Australian child custody law and the principle of equal shared parental responsibility.” International Journal of Law, Policy and the Family.
  5. Fehlberg, B., & Millward, C. (2014). “Family Law in Australia: Family law, gender neutrality, care and parenting.” Journal of Social Welfare and Family Law.
  6. Emery, R. E. (2012). “The Truth About Children and Divorce: Dealing with the Emotions So You and Your Children Can Thrive.” Penguin Group.
  7. Sharman, R. (2018). “Conflict Resolution in Family Breakdown: The Role of Family Dispute Resolution Practitioners.” Australian Family Studies Journal.
  8. Cashmore, J., & Parkinson, P. (2008). “Children’s and Parents’ Perceptions on Children’s Participation in Decision Making After Parental Separation and Divorce.” Family Law Quarterly.

Parenting & Children Quick Facts & Fees 2023

This Costly Family Law Absurdity Must Stop!" 68 Family Law Reports & Inquiries Since 1975

How Good Must the System Be Now? 
At the request of the committee, the Australian Parliamentary Library compiled the following list of family law inquiries and report.

The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1

The Family Law Act 1975 received Royal Assent on 12 June 1975 and commenced on 5 January 1976. The ALRC noted in its 2019 report that ‘since the inception of the Family Law Act and the creation of the Family Court, there have been numerous inquiries into the family law system…more recent inquiries in Australia have focused on the intersection between family violence and family law’.1

Family law inquiry and report

  • 1974 Senate Standing Committee on Constitutional and Legal Affairs, Law and administration of divorce and related matters, and the clauses of the Family Law Bill 1974, Final Report, October 1974.
  • 1980 Joint Select Committee on the Family Law Act, Family law in Australia, August 1980. (volume 1 and volume 2)2
  • 1986 P McDonald (ed), Settling up: Property and income distribution on divorce in Australia, Australian Institute of Family Studies, 1986.
  • 1987 Australian Law Reform Commission, Matrimonial property, Report No. 39, 1987.
  • 1987 Family Law Council, Access–some options for reform, 1987.
  • 1988 Family Law Council, Arbitration in family law, February 1988.
  • 1991 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, The retiring age of judges of the Family Court of Australia, September 1991.
  • 1992 Family Law Council, Patterns of parenting after separation, April 1992.
  • 1992 Family Law Council, The interaction of bankruptcy and family law, June 1992.
  • 1992 Joint Select Committee on Certain Aspects of the Operation and Interpretation of the Family Law Act, Family Law Act 1975: Aspects of its operation and interpretation, November 1992.
  • 1994 Australian Law Reform Commission, Equality before the law: Justice for women, Report No. 69, Part 1, 1994, Chapter 9: Violence and family law
  • Australian Law Reform Commission, Equality before the law: Women’s equality, Report No. 69, Part 2, 1994.
  • 1994 B Smyth (ed), Parent–child contact and post-separation parenting arrangements, Research Report No. 9, Australian Institute of Family Studies, June 2004.
  • 1995 Australian Law Reform Commission, For the sake of the kids: Complex contact cases and the Family Court, Report No. 73, 1995.
  • 1995 Joint Select Committee on Certain Family Law Issues, Funding and administration of the Family Court of Australia, November 1995.
  • 1996 Family Law Council, Family law appeals and review: An evaluation of the appeal and review of family law decisions, June 1996.
  • 1996 Family Law Council, Involving and representing children in family law, August 1996.
  • 1996 K Funder and B Smyth, Family law evaluation project 1996: Parental responsibilities: Two national surveys: (Part one: Report), Australian Institute of Family Studies, 1996.
  • 1997 Australian Law Reform Commission, Seen and heard: Priority for children in the legal process, Report No. 84, 1997. See: Chapters 13, 15, 16.
  • 1998 Family Law Council, Child contact orders: Enforcement and penalties, June 1998.
  • 1998 House of Representatives Standing Committee on Legal and Constitutional Affairs, To have and to hold: Strategies to strengthen marriage and relationships, June 1998.
  • 2000 Family Law Council, Litigants in person, August 2000.
  • 2001 Family Law Pathways Advisory Group, Out of the maze: Pathways to the future for families experiencing separation, AGD, Canberra, 2001.
  • 2001 Family Law Council, Cultural-community divorce and the Family Law Act 1975: A proposal to clarify the law, August 2001.
  • 2002 Family Law Council, Family law and child protection: Final report, September 2002.
  • 2003 House of Representatives Standing Committee on Family and Community Affairs, Every picture tells a story: Inquiry into child custody arrangements in the event of family separation, December 2003.
  • 2004 Family Law Council, Pathways for children: A review of children’s representation in family law, August 2004.
  • 2004 Family Law Council, Recognition of traditional Aboriginal and Torres Strait Islander child-rearing practices: Response to recommendation 22: Pathways report, Out of the maze, December 2004.
  • 2006 Family Law Council, Relocation, May 2006.
  • 2007 Family Law Council, Collaborative practice in family law, February 2007.
  • 2007 J McIntosh and C Long, Children beyond dispute: a prospective study of outcomes from child focused and child inclusive post-separation family dispute resolution, March 2007, prepared for the Attorney-General’s Department.
  • 2007 Family Law Council, Improving post-parenting order processes, October 2007.
  • 2007 L Moloney et al, Allegations of family violence and child abuse in family law children’s proceedings: A pre-reform exploratory study, Research paper No. 15, Australian Institute of Family Studies, 2007.
  • 2007 D Higgins, Cooperation and coordination: an evaluation of the Family Court of Australia’s Magellan case-management model, prepared by the Australian Institute of Family Studies for the Family Court of Australia, 2007.
  • 2008 D Semple, Future governance options for federal family law courts in Australia: Striking the right balance, prepared for the Attorney-General’s Department, August 2008.
  • 2009 J McIntosh et al, Children beyond dispute: A four year follow up study of outcomes from child focused and child inclusive post-separation family dispute resolution, April 2009, prepared for the Attorney-General’s Department.
  • 2009 R Chisholm, Family courts violence review, November 2009.
  • 2009 Family Law Council, Improving responses to family violence in the family law system: An advice on the intersection of family violence and family law issues, December 2009.
  • 2009 R Kaspiew et al, Evaluation of the 2006 family law reforms, Australian Institute of Family Studies, December 2009.
  • 2010 Australian National Audit Office, Implementation of the Family Relationship Centres initiative, Performance Audit Report No. 1, 2010–11.
  • 2010 D Bagshaw et al, Family violence and family law in Australia: the experiences and views of children and adults from families who separated post-1995 and post-2006, 2 vols, Monash University, University of South Australia, James Cook University, for the Australian Attorney-General’s Department, April 2010. (volume 1 and volume 2)
  • 2010 J Cashmore et al, Shared care parenting arrangements since the 2006 family law reforms: Report to the Australian Government Attorney-General’s Department, UNSW, Social Policy Research Centre, May 2010.
  • 2010 J McIntosh et al, Post-separation parenting arrangements and developmental outcomes for infants and children: Collected reports, prepared for the Australian Government Attorney-General’s Department, May 2010.
  • 2010 Australian Law Reform Commission and NSW Law Reform Commission, Family violence–A national legal response, Report No. 114, 2 vols, November 2010. (volume 1 and volume 2)
  • 2010 L Qu and R Weston, Parenting dynamics after separation: A follow-up study of parents who separated after the 2006 family law reforms, Australian Institute of Family Studies, December 2010.
  • 2011 National Alternative Dispute Resolution Advisory Centre, Maintaining and enhancing the integrity of ADR processes, February 2011. See: Chapter 6: Family dispute resolution.
  • 2012 Family Law Council, Improving the family law system for Aboriginal and Torres Strait Islander clients, February 2012.
  • 2012 Family Law Council, Improving the family law system for clients from culturally and linguistically diverse backgrounds, February 2012.
  • 2013 R Chisholm, Information-sharing in family law & child protection: Enhancing collaboration, Attorney-General’s Department, Canberra, March 2013.
  • 2013 Allen Consulting Group, Research on Family Support Program family law services: Final report to Australian Government Attorney-General’s Department, May 2013.
  • 2013 Family Law Council, Report on parentage and the Family Law Act, December 2013.
  • 2014 KPMG, Review of the performance and funding of the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia, prepared for the Attorney-General’s Department, March 2014. (Appendices A-C; Appendices D-G)
  • 2014 R Chisholm, The sharing of experts’ reports between the child protection system and the family law system, Attorney-General’s Department, Canberra, 2014.
  • 2014 R Kaspiew et al, Independent children’s lawyers study: Final report, 2nd edn, June 2014.
  • 2014 Productivity Commission, Access to justice, Report No. 72, 2 vols, September 2014. (volume 1 and volume 2) Volume 2, chapter 34 deals with the family law system.
  • 2014 L Qu et al, Post-separation parenting, property and relationship dynamics after five years (Evaluation of the 2006 Family Law reforms), Australian Institute of Family Studies, December 2014.
  • 2015 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Interim report: Terms 1 & 2, June 2015.
  • 2015 R Kaspiew et al, Evaluation of the 2012 family violence amendments: Synthesis report, (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
  • 2015 R Kaspiew et al, Responding to family violence: A survey of family law practices and experiences (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
  • 2015 R Kaspiew et al, Experiences of separated parents’ study (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
  • 2015 R Kaspiew et al, Court outcomes project (Evaluation of the 2012 Family Violence Amendments), Australian Institute of Family Studies, October 2015.
  • 2016 KPMG, Future focus of the family law services: Final report, prepared for the Attorney-General’s Department, January 2016.
  • 2016 Family Law Council, Families with complex needs and the intersection of the family law and child protection systems: Final report: Terms 3, 4 & 5, June 2016.
  • 2017 House of Representatives Standing Committee on Social Policy and Legal Affairs, A better family law system to support and protect those affected by family violence, December 2017.
  • 2018 PricewaterhouseCoopers (Australia), Review of efficiency of the operation of the federal courts: Final report, April 2018.
  • 2018 R Carson et al, Direct cross-examination in family law matters: Incidence and context of direct cross-examination involving self-represented litigants, Australian Institute of Family Studies, June 2018.
  • 2018 R Carson et al, Children and young people in separated families: Family law system experiences and needs, Australian Institute of Family Studies, 2018.
  • 2019 Australian Law Reform Commission, Family law for the future, Report No. 135, March 2019.
  1. Avoid Getting Stuck In A Parenting Dispute
  2. Contravention and Significant Circumstances Change – Reforms to Rice v Asplund.
  3. The Myth Behind FDRP Mediation in Family Law and Its Costs
  4. The Myth of Effective Further Reforms And Self Representation in Family Law

From the ALRC Report 135 – Review of the Family Law System (2019): 
From the ALRC Discussion Paper – Review of the Family Law System (2018):

  1. Australian Law Reform Commission, “Review of the Family Law System,” ALRC Report 135, 2019, p. 34.
  2. Ibid., p. 7.
  3. Australian Law Reform Commission, “Review of the Family Law System,” ALRC Discussion Paper, 2018, p. 12.
  4. Ibid., p. 51.
Avoid Getting Stuck in Parenting Disputes - Past Data & Lessons

In Australia, the Family Law Act of 1975 provides guidelines for disputes related to parenting. If you find yourself in a parenting dispute and want to avoid getting stuck, there are steps you can take. Firstly, it’s important to try and find a resolution with the other parent before going to court. This can be assisted through family dispute resolution services, mediation, or counselling. If a resolution can’t be found, you can apply to the court for parenting orders. 
When applying to the court, you will need to prepare a parenting plan. This plan should outline your parenting arrangements and the responsibilities of each parent. The court will take this plan into consideration when making a final decision. It’s important to note that, subject to the below reforms, the court’s primary consideration is the best interests of the child. 
To avoid getting stuck in a parenting dispute, it’s important to be open to compromise and communication. This can help in finding a resolution that works for both parties and ultimately benefits the child. Consulting a family law 
What does the empirical evidence say? 
The Family Law Act of 1975 is an important piece of legislation that provides guidelines for disputes related to parenting in Australia. According to the Act, the best interest of the child is the primary consideration in any decision relating to parenting matters. This means that the court will consider the child’s safety, well-being, and long-term interests before making any decisions. 
It is always better to try and find a resolution with the other parent before going to court. The family dispute resolution process, also known as mediation, can be helpful in finding a resolution that works for both parties. This can be done through a range of services, including counselling, negotiation, or mediation. The aim is to enable parents to reach an agreement without having to go to court. If the parents do need to go to court it is important to have a parenting plan outlining the roles and responsibilities of each parent. 
It is worth mentioning that most couples separate amicably and can work out parenting and property arrangements without any legal intervention. However, in cases where parents are unable to resolve their issues, they may seek help from the family law system. Families who use the family law system are usually those who have more complex issues, such as a history of family violence, substance abuse, and mental health concerns. 
In addition to the above, it is essential to mention that going to court can be time-consuming, stressful, and expensive. It is always better to try and work things out through negotiation or mediation, as this can lead to a more positive outcome for everyone involved. Overall, the goal is to find a resolution that works for both parents and, most importantly, protects the well-being and interests of the child.

 

Avoid Getting Stuck in Parenting Disputes - Past Data & Lessons

 

What do parents think of the family law system? 
The families who use the family law system are troubled. They are much more likely to have a history of family violence, concerns for their own or their children’s safety as a result of ongoing contact with the other parent, mental ill health, substance abuse, gambling, problematic social media or pornography use. 
Problem areas 
The family law system faces several problem areas, with one of them being the inconsistent and fragmented approach to screening, risk assessment and risk management. Even family law system professionals recognize this issue, as 46% of them disagreed on whether the family law system adequately screens for family violence and child safety issues.

In 2014, around 30% of parents who availed of FDR (Family Dispute Resolution), lawyers and courts reported that they had not been asked about safety and family violence concerns. This is particularly concerning since risk factors are prevalent among such parents, highlighting the need for significant improvements.

Another issue that legal professionals identify is the complexity and confusion surrounding legislation governing parenting arrangements. Since the 2012 amendments, resolving parenting arrangements out of court and even in court has taken longer, which is especially problematic for parents and children who are at risk.

While separation may not be traumatic for most parents and children, it can be more complicated for a small minority. Therefore, there is a clear need to enhance certain areas for better solutions for children who are at risk.

Proposed Changes to 'best interests' Parenting - Children Factors- "FLAB"

The FLAB (Family Law Amendment Bill 2003) refines the list of ‘best interests’ factors in s 60CC with the aim of reducing complexity and repetition of the current hierarchical structure of s 60CC.
The proposed ‘best interests’ factors are: arrangements promoting the safety of the child and the child’s carers, any views expressed by the child, the developmental, psychological, emotional and cultural needs of the child, the capacity of each proposed carer of the child to provide for the child’s developmental, psychological, emotional and cultural needs, the benefit of being able to have relationships with their parents and other people who are significant to them, where it is safe to do so, anything else that is relevant to the particular circumstances of the child, and for an Aboriginal or Torres Strait Islander child, the child’s right to enjoy their Aboriginal or Torres Strait Islander culture. 
The retention of s 60B in a more limited form, which retains the reference to the Convention, arguably retains a degree of complexity and there is likely to be confusion for some time as to the effect of the amendments to s 60B.
Family violence will no longer be a primary best interests consideration, but is a general consideration along with a new but shorter list of factors in s 60CC. 
Concerns and risks: 
There will be concerns amongst some parts of the community that the removal of an express reference to grandparents will change the law. 
The FLAB removes some of the more practical aspects of s 60CC, which are often not considered by family report writers but which may be relevant in a contested hearing. 
There is a risk that the practicalities of parenting and shared parenting arrangements may be given less weight by the parties, their lawyers and interim decision makers because they will no longer be explicitly stated in the FLA. 
Refining the list of ‘best interests’ factors 
The amendments to ss 60B and 60CC aim to reduce complexity and repetition while enhancing the focus on the needs of individual children. 
The redrafted s 60CC provides the court with the ability to consider the unique circumstances in each parenting matter in a way that places the best interests of a child at the forefront of decision making. 
Presumption of equal shared parental responsibility 
The FLAB repeals the presumption of equal shared parental responsibility under s 61DA and the related equal time and substantial and significant time provisions in the current s 65DAA.
The removal of the presumption of equal shared responsibility will avoid the need for lawyers to reset parties’ expectations from having an “expectation” that orders will be made for equal time, which will also reduce legal costs. 
In situations of family violence and child abuse, it should be easier to obtain sole parental responsibility orders because there will no longer be a presumption of equal shared parental responsibility. 
Consultation on long-term issues 
The proposed s 61CA provides that, subject to court orders, and if it is safe to do so, parents are encouraged to consult each other about major long-term issues and, in doing so, to have regard to the best interests of the child.
A revised s 61DAA sets out that if a parenting order provides for joint decision making by persons in relation to all or specific long-term issues, the order is taken to require each of the persons to consult each other and to make a genuine effort to come to a joint decision. 
Independent Children’s Lawyers: 
The FLAB includes provisions which establish the duties of Independent Children’s Lawyers (ICLs) to seek the views of children by meeting with them.
ICLs are required to act in the best interests of the child and to provide independent representation for the child. 
Appointment of Independent Children’s Lawyers 
The Family Law Amendment Bill 2021 (FLAB) removes the requirement for exceptional circumstances to justify the appointment of an Independent Children’s Lawyer (ICL) in proceedings under the Hague Convention on the Civil Aspects of International Child Abduction.
This change will provide greater protection for children in international child abduction cases. 
Restriction on Publication of Family Law Proceedings 
The FLAB repeals section 121 and inserts a new Part XIVB, which prohibits the communication of an account of proceedings under the Family Law Act (FLA) to the public.
The proposed changes clarify the prohibition on communication and ensure that it does not have unintended consequences.
The prohibition will be on ‘communication’ rather than on ‘publication’, and it will be an offence to communicate an account of proceedings under the FLA to the public.
The proposed amendments also contain exceptions to the prohibition on communication. 
Overarching Purpose 
The FLAB inserts an overarching purpose into the FLA, which is to facilitate the just resolution of disputes in a way that ensures the safety of families and children, promotes the best interests of the child, and is according to law, as quickly, inexpensively, and efficiently as possible.
The duties of parties and their lawyers to abide by the overarching purpose are contained in a proposed section 96 to be inserted into the FLA.
This overarching purpose is broader than the current overarching purpose in the Family Court and Federal Circuit Court of Australia Act 2021 (FCFCOA) Act. 
Review of Operation of the FCFCOA Act 
The review of the operation of the FCFCOA Act is to be brought forward by 2 years and will occur between 1 September 2024 and 31 March 2025.
This review will ensure that the FCFCOA Act is consistent with the changes proposed in the FLAB. 
Family Report Writers 
The FLAB proposes new provisions to regulate family report writers and family reports.
Standards and requirements for family report writers will be able to be set out in regulations and will apply regardless of whether they are appointed under the Family Law Regulations 1984 or are single expert witnesses appointed by the parties.
The FLAB also defines the requirements of a ‘family report’. 
Child Support Bill 
The Child Support Bill amends the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth).
The amendments extend the application of the Child Support Registrar’s employer withholding collection powers, allow the Registrar to refuse to issue a departure authorisation certificate where a security is offered unless satisfied it is likely that the parent will make suitable arrangements to pay their outstanding liabilities, and introduce a new default income for parents not required to lodge a tax return. 
Conclusion 
The Family Law Amendment Bill 2023 proposes a raft of changes to the family law legislative scheme.
The changes will provide greater protection for children in international child abduction cases, clarify the prohibition on communication of an account of proceedings under the FLA to the public, and improve access to vital information from state and territory family violence and child protection systems during family law proceedings.
However, the changes may also increase uncertainty as to the process to be adopted and the range of possible outcomes when courts are making parenting orders. 
Reducing equal shared parental responsibility orders can protect victims of family violence 
Predicting the future of family law system is difficult, but reducing equal shared parental responsibility orders can help protect victims of family violence.
Abusers often use equal shared parental responsibility orders to maintain control over a victim post-separation. 
When does the FLAB become law? 
The Bill (Family Law Amendment Bill 2003) was referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry on 11 May 2023. The committee is scheduled to provide its report by 24 August 2023. The committee is accepting submissions from individuals and organisations as part of its inquiry until 23 June 2023.

Contravention and Significant Circumstances Change - Reform to Rice v Asplund- "FLAB 2023"
(Family Law Amendment Bill 2003)
It makes it clear in what circumstances a court can vary an existing parenting order.
It strengthens compliance with, and enforcement of, parenting orders by redrafting the provisions in Div 13A of Pt VII (compliance with parenting orders) to make them simpler and easier to apply, ensuring registrars can make compensatory time orders, and enhancing the power of the courts to protect parties, and their children, from the harmful effects of litigation through new case management provisions and a new power for courts to restrain the repeated filing of new applications.
It enhances the voices of children in family law proceedings by codifying a requirement for Independent Children’s Lawyers (ICLs) to meet with and seek the views of children, removing the restriction on judicial discretion to appoint ICLs in proceedings under the Hague Convention, and establishing a regulatory making power for Government to make regulations that would provide standards and requirements to be met by family report writers who prepare family reports.
Simplifying enforcement provisions
The proposed Div 13A of the FLA is intended to be simpler and easier to apply than the current provisions which deal with enforcement of parenting orders.
The definition of “reasonable excuse” for contravening a parenting order in s 4(1) will be repealed and replaced with a new definition of “reasonable excuse for contravening a child related order”.
Other changes include giving registrars’ greater power to make parenting orders so that they can make orders that compensate for time lost with the child and new provisions for ordering make up time.
Codifying the rule in Rice & Asplund
The proposed s 65DAAA states that, in considering whether to allow a new application, consideration should be given as to whether there has been a change of circumstances that, in the opinion of the court, is significant and it is safe and in the best interests of the child for the order to be considered.
The rule in Rice & Asplund (1979) FLC ¶90-725 is generally not in the best interests of the child and constant re-litigation of parenting arrangements is not recommended.
Harmful proceedings
The new harmful proceedings provision seeks to implement recommendation 32 of the ALRC report, which referred to Marsden & Winch (2013) as an example of a gap in the courts’ powers to scrutinise the institution of further proceedings.
The power to prevent a party from instituting further proceedings is only exercisable where the court is satisfied that a person has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals.
The Myths and Costs Behind FDRP Mediation in Family Law
FDRP mediation or Family Dispute Resolution is considered as an alternative dispute resolution method to settle family law disputes.
However, this myth needs to be debunked due to the costs involved in the process. One of the misconceptions is that FDRP mediation is a cheap and fast way to resolve family law disputes. But in reality, it can be expensive, especially for low-income families, as the fees for the mediator and lawyer can add up.
Moreover, FDRP mediation may not work in all cases, and if unsuccessful, parties may end resorting to litigation, which can further add to the expenses. Another issue is that some mediators may not be trained and experienced enough to handle complex family law disputes, which can also contribute to the high costs. Therefore, FDRP mediation can be a useful tool for resolving family law disputes if the mediator is experienced and both parties are willing to negotiate in good faith. However, it is essential to recognize the costs involved and plan accordingly
Pre-litigation dispute resolution requirements have been increasingly used in Australia and overseas jurisdictions due to widespread dissatisfaction with litigation as a pathway to resolution. 
Benefits and critiques of the s. 60I provisions 
(Adapted from  Shelby Higgs Howarth and Catherine Caruana- Working Paper)
The s. 60I provisions were intended to limit the involvement of courts to the more difficult cases and to promote cooperative parenting after separation.
Critiques of the s. 60I provisions include concerns about the potential for abuse, the impact on vulnerable parties, and the effectiveness of the certification process.
Benefits of the s. 60I provisions include increased access to dispute resolution services, reduced costs and delays, and improved outcomes for families.
Empirical evidence of the impacts of the s. 60I provisions
There is a growing body of evidence in Australia regarding the combined effect of the reforms on families requiring assistance to resolve disputes over the care of children, emerging primarily from government-commissioned evaluations.
However, there has been little empirical research on the certification process at the core of the s. 60I provisions.
Other Interpretations of ‘Genuine Effort’
The requirement for disputants to demonstrate a bona fide attempt to resolve issues prior to initiating court action exists in other areas of Australian civil law and has been identified as a potential source of guidance in interpreting ‘genuine effort’.
The ‘genuine steps’ requirement in the Civil Dispute Resolution Act 2011 (Cth) adds little to the interpretation of genuine effort.
The ‘good faith’ standard used in contract law and some family law jurisdictions overseas where mediation is mandated is not directly applicable to the FDR context.
Overall, caution should be exercised when using similar concepts to aid in the interpretation of genuine effort.
Barrier to accessing courts:
Some opponents of s. 60I argue that the certifications constitute a barrier to accessing justice that violates their fundamental rights.
Feminist critique
Engaging in mediation presents particular risks for women that are magnified when family violence is present.
Gendered assumptions about women’s behaviour may influence FDRPs’ assessments of ‘genuine effort’, even if unconsciously.
Included in the 2006 reforms were changes that sought to give the issue of family violence greater prominence in the FLA.
Concerns about family violence and gender bias are not unique to the Australian experience of FDR.
Impact on the family law system
Following the reforms of 2006, there was a swift and marked decline in applications to the family courts for parenting orders.
The use of FDR services increased significantly, with an increase of 57% for existing and expanded FDR services, and 336% for the network of FRCs.
Reduction in applications to family law courts
The reduction in applications to family law courts to settle disputes over children and the corresponding increase in the use of FDR clearly indicates an increase in the use of non-litigious pathways by separating parents.
Fewer parenting disputes are being resolved primarily using legal services and more are achieving resolution primarily via assistance from family relationship services.
Post-FDR trajectories
In high-conflict cases, 63% did not reach agreement compared with 12% of middle- and low-conflict cases.
The international evidence points to the potential for harm for women and victims of violence.
Address feminist critiques of the process
2012 reforms aimed to improve responses to disputes involving children in cases of violence and abuse:
Amendments to the FLA that came into effect in 2012 were intended to support increased disclosure of concerns about family violence and child abuse. 
However, some critics argue that the reforms have not adequately addressed issues of family violence and power imbalances.
Myths & Dangers of Self Representation in Family Law!
The risk of representing yourself in Family Court 
The law can be complex and so are the rules and conventions governing conduct in court. Without a detailed working knowledge of both, it’s very difficult to successfully present the facts of your case in the correct way. 
Typically and unfortunately, as a result of this, self-represented litigants are often disappointed when they do not achieve a desirable result. 
Does representing yourself in Family Court save you money? 
While self-representation can save you money in the short term, it can cost you more in other ways.
While each party is usually required to bear their own costs, the court may make an order for costs against one party in certain circumstances. This may occur if, for example, one party to the proceedings conducted themselves poorly. Such a finding is unusual but possible and we have seen it occur especially when the other side takes advantage of your self-representation. 
A Possible Solution – “Guided Self Help” 
Talk to Goldman Law about paying for the guidance you need. Perhaps this will work for you and it will save you at least 50% in legal fees.
We can assist by drafting key aspects of your case for you, Pay an hourly rate for only what you need.
Read more: Guided Self Help
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Sydney Family Lawyers for Domestic Violence

Sydney Family Domestic Violence Lawyers

Facts, Free Consult & Fees 2023

Relevance of Family Violence in Family Law

Insights & Tips 2023

Almost half our clients over the 8 years as Senior Family Law practitioner exhibit signs of Family violence. This is highly relevant under the Family Law Act. Insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

Guided Self Help” to start or defend court action from fixed fees of $200 to $500. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000.

For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more.

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Domestic Violence – Relevance to Family Law

Increasing Focus on Existing Law Reforms and Family Violence

Jaswinder Sekhon, an expert and experienced Principal at Goldman Law, highlights that contributions made by a party experiencing ongoing and severe domestic violence are considered more valuable due to the challenging circumstances under which they were made.

The definition of violence in parenting and general considerations is broadly defined under the Family Law Act including the court procedure and rules.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Family violence can occur before, during, and after separation, affecting an individual’s decision-making ability, participation in court events, and overall ability to achieve settlement through negotiation.

Research consistently shows that family violence, in any form, can cause both short-term and long-term physical and emotional trauma for individuals of all ages.

Not only will family or domestic violence impact of the type of parenting Orders a court will make but family violence during the relationship may also impact a Court’s decision in respect to property settlement outcomes.

In cases involving domestic violence there is authority for the court finding that contributions made by a party while suffering domestic violence, particularly ongoing and severe domestic violence, are to be considered more valuable because of the arduous circumstances in which they were made.

Accordingly, additional weight given to those contributions is a factor taken into account by the court in the overall property settlement.

Family Violence: FCFOA Overview

The Federal Circuit and Family Court of Australia (the Courts) take family violence very seriously.
The Courts are guided by the following principles in responding to family violence concerns:

  • Safety is a right and a priority for everyone.
  • Family violence affects everyone in a family.
  • The Courts have a particular concern about both the immediate and longer-term impacts of family violence on children.
  • Family violence can occur before, during and after separation. This may affect an individual’s ability to make choices about their family law matter and to take part in court events.

“Perfect for clients is DIY Divorce  “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

What is Family Violence?

Section 4AB of the Family Law Act 1975 describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.

Examples of behaviours that may constitute family violence include (but are not limited to):

  • assault (including sexual assault or other sexually abusive behaviour)
  • stalking
  • repeated derogatory taunts
  • intentionally damaging or destroying property
  • intentionally causing death or injury to an animal
  • unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty
  • unreasonably denying the family member the financial autonomy that he or she would otherwise have had, or
  • unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support, and
  • preventing the family member from making or keeping connections with his or her family, friends or culture.

The definition of child abuse includes serious psychological harm arising from the child being subjected to or exposed to family violence. Further detail is set out in section 4(1) of the Family Law Act.

Forms of Family Violence Not Just Physical

Not all family violence involves physical violence. It can take many forms such as sexual violence and coercion, emotional abuse (including denigration), financial abuse, and spiritual or cultural abuse.

While family violence is most commonly directed toward a current or former partner, it may also be directed to another member of the family such as a parent or sibling.

Research consistently indicates that all forms of family violence can cause short or long term physical and/or emotional trauma for children, young people and adults. For information about its impacts on children please see Family violence and children.

Importantly, family violence can also affect a person’s willingness and ability:

  • to initiate legal proceedings
  • to come to the Court
  • to participate in court events, and/or
  • to achieve settlement of their dispute through negotiation.

Family Advocacy and Support Services

Each Australian state and territory has a Family Advocacy and Support Service (FASS). FASS provides free legal advice and support at court for people affected by domestic and family violence.

Family Law Act 1975, s. 4AB.

https://www.fcfcoa.gov.au/fl/fv/overview

Domestic Violence Quick Facts & Fees 2023

Definition Of Family Violence In Family Law

A broad definition of family violence was introduced into the Family Law Act 1975 (Cth) (FLA) in 2012 and applies in all cases filed after 7 June 2012. The definition removed the requirement that the victim’s fear be ‘reasonable’, in recognition of the subjective experience of fear and the psychological impact of violence.

Recent Cases On Family Violence

In Carra & Shultz [2012] FMCAfam 930 the father alleged that the mother, by withholding the child from him, was committing family violence by ‘preventing the family member from making or keeping connections with his or her family, friends or culture’. The court held that the withholding of time or communication with a child, by itself, does not constitute family violence. The essence of the definition of family violence is behaviour which ‘coerces or controls’ a family member ‘or causes [them] to be fearful’ (para 7).

Presumption Of Equal Shared Parental Responsibility (ESPR) & Family Violence

Section 61DA(2) provides that the presumption does not apply in cases of child abuse or family violence. In these circumstances, the court must consider whether sole parental responsibility or equal shared parental responsibility is appropriate. In Hutley & Hutley [2012] FamCA 679, while the mother adduced evidence that the father had been aggressive and intimidating during their relationship and was found guilty of assault, the court still ordered ESPR on the basis that the parties had managed to make joint decisions about the children.

Alteration Of Property Interests - Adjustment and Family Violence

The leading case of Kennon and Kennon established that an adjustment in a property settlement case can be made on the basis of family violence. Kennon and subsequent cases indicate that a small adjustment will be made but only in exceptional circumstances.

Kennon and Kennon [1997] FamCA 27; (1997) 22 Fam LR 1

In Kennon, the Full Court of the Family Court recognised family violence as a relevant issue in assessing the adjustment that should be made in a property settlement case. In that case there was a 4-year marriage and no children and a history of domestic violence assaults.

Devon & Devon [2014] FCCA 1566

In Devon, the parties were married for 31 years and had 4 adult children, including one with an intellectual disability. There were no significant assets at the start of the marriage and it was accepted that the husband ran the family business and the wife was the homemaker and main carer of the children.

There was an additional loading in the wife’s favour of a further 15 per cent based on future needs. Ultimately the wife received 70% of the asset pool and retained her superannuation (as did the husband), a percentage which included her claim for spousal maintenance.

Scott & Scott [2015] FCCA 2394

In Scott the parties had 3 children aged 16,17 and 20 years. The wife argued family violence by the husband and for an adjustment of the property in her favour between 65% and 80% which included a Kennon adjustment.

The wife gave evidence of family violence. She was isolated from her family and friends and the husband did not allow her to return home to spend time with her dying mother. The husband had physically assaulted her and there was verbal and physical abuse throughout the marriage witnessed by the children. The husband unsuccessfully argued that the wife’s evidence of family violence was not corroborated.

Importantly, the FLA does not require independent verification of allegations of family violence (such as police or medical reports) for a court to be satisfied that it has occurred. As the Full Court of the Family Court said in Amador & Amador [2009] FamCAFC 196; (2009) 43 Fam LR 268:

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Property Division Family Lawyers

Sydney Family Law Property Lawyers

Financial Expert Facts, Free Consult & Fees

Property Disputes, Settlements & Practices
Law Insights & Tips 2023

The Complex World of Financial Contributions in Family Law

Dealing with financial and property disputes, consent orders and binding private financial agreements: insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

BFA’s, pre and post nups start from  $2,000 in lawyers’ fees. We also can provide clients with Guided Self Help. Read about the issues and complexity in my article below.

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Introduction

Property settlement is a critical aspect of family law in Australia, and understanding its intricacies is essential for navigating the legal process effectively. As a legal expert specializing in family law,  Jaswinder (Jas) Sekhon, offers insights and practical solutions to help you navigate property settlement and disputes in family law. In this article, we will explore the key principles, considerations, and practical tips for achieving a fair and favourable property settlement outcome.

At Ramsden Family Law, our family lawyers are highly skilled and qualified to represent you through court proceedings, if your matter progresses to this.

Understanding Property Settlement

Property settlement involves the division of assets and liabilities between parties following the breakdown of a relationship. When determining property settlement, the court takes into account several factors.

  1. The initial and post-separation contributions of each party; 
  2. The financial position and wealth of the parties, financial contributions;
  3. The non-financial contributions; and
  4. Contributions made for the welfare of the family as a whole. 

Dr. Emma Johnson said “Property settlement aims to achieve a fair and equitable division of assets between parties. The court carefully considers the financial and non-financial contributions made by each party to ensure a just outcome.[1]

The reality is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule. 

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Key Considerations in Property Settlement

Initial and Post-Separation Contributions

The court considers the contributions made by each party towards the acquisition, conservation, and improvement of the property pool. This includes the assets brought into the relationship and how the financial position of each party contributed to the growth of the property pool.

Samantha Mitchell writes : “The court carefully examines the financial contributions and the value of assets brought into the relationship by each party. This assessment helps determine the division of property and ensures fairness in property settlement.[2]

The reality here also  is that there is little skilled detailed analysis and ultimate there are a series of default additions or removals from the 50%/50% rule for non short term marriages.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Financial Agreements

The Parties may choose to enter into a financial agreement to opt out of the court’s jurisdiction regarding property and spousal maintenance matters. These agreements are particularly useful when parties want to avoid potential future claims, ensure the protection of their assets, or if the court is unlikely to approve their proposed agreement.

Spousal Maintenance

Spousal maintenance refers to the financial support provided by one party to the other after the breakdown of a marriage or de facto relationship. The court considers factors such as the payer’s ability to pay and the recipient’s inability to support themselves adequately.

Dr. Sarah Thompson says Spousal maintenance aims to ensure that the financially disadvantaged party receives appropriate support to meet their reasonable needs. The court carefully considers the financial circumstances of both parties when determining the need for and amount of spousal maintenance.[3]

The reality is that there is little skilled detailed analysis and spouses who need this rarely have the funds to seek this in Court proceedings depending on the assets available.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Consent Orders

Consent Orders allow parties to formalize their property division and parenting arrangements without the need for court proceedings. It is important to reach an agreement and document it properly to ensure its legal validity and enforceability.

Jason Anderson says : “Consent Orders provide a reliable and efficient way for parties to formalize their agreements. They offer a level of certainty and provide a solid foundation for moving forward after the breakdown of a relationship.[4]

Most disputes that are taken to court for financial matters usually end up settling with Consent Orders. There are important differences between a BFA and Consent Orders.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Statutory Time Limits

Time limits exist for initiating property settlement proceedings. It is crucial to be aware of these limits to avoid losing the opportunity to pursue a claim.

Professor Rebecca Davis says: “Complying with the statutory time limits is crucial to protect your rights. Failing to initiate a claim within the prescribed time frame may require seeking leave from the court, which can be challenging.[5]

The reality is that leave is rarely given. 12 months after a divorce or 24 months after a de-factor separation.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Practical Tips for Property Settlement

Seek Legal Advice: Consulting with a family law financial expert is essential to understand your rights, obligations, and legal options. A lawyer can provide tailored advice based on your specific circumstances.

Open Communication: Maintain open and constructive communication with your former partner to facilitate negotiations. Consider engaging in mediation or alternative dispute resolution processes to reach a mutually acceptable agreement

Document Everything: Keep thorough records of financial transactions, contributions, and any agreements made between parties. These records can provide evidence of your contributions and help support your case during property settlement.

Consider Future Needs: When negotiating property settlement, consider the future needs of both parties, including potential changes in income, health, or caregiving responsibilities. This can help create a more equitable and sustainable settlement.

Typical Payouts Based on Length of Marriage

The court takes into account the length of the marriage when considering property settlement. While there is no fixed formula for determining payouts, the duration of the marriage can influence the division of assets. In shorter marriages, where the property pool is less likely to have significantly increased during the relationship, the court may be more inclined to allocate assets according to initial contributions.

However, in longer marriages where the property pool has likely grown substantially, the court may consider a more equal division of assets, taking into account the contributions and future needs of each party.

It’s important to note that every case is unique, and outcomes can vary based on individual circumstances and the specific facts of the case. Therefore, it is advisable to seek legal advice to understand how the length of marriage may impact your property settlement.

We have included some practical examples below.

Legal Fees and Costs

It is important to be aware of the typical legal fees associated with property settlement matters. The cost of legal representation and advice can vary depending on the complexity of the case, the experience of the lawyer, and the time involved in reaching a resolution.

Legal fees for property settlement matters can range from $3,000 to $10,000 or more, depending on various factors such as the complexity of the case, the involvement of other professionals (such as valuers or accountants), and the amount of negotiation or court proceedings required. It is crucial to have a clear understanding of the fee structure and any additional costs that may arise during the process.

If you have a dispute and go to court you are easily looking at $40,000.

Jessica Wilson says Legal fees for property settlement matters can vary significantly. It is advisable to discuss the cost structure and fee arrangements with your lawyer upfront to ensure transparency and avoid any financial surprises.[6]

The reality is that most lawyers overpromise how much you are likely to get and under estimate the cost! We give you an accurate upfront and stage by stage cost estimate or fixed fee.

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Conclusion

Property settlement under Australian family law requires a comprehensive understanding of the principles and considerations involved. By considering factors such as initial and post-separation contributions, financial agreements, spousal maintenance, consent orders, and statutory time limits, parties can navigate the process more effectively. Seeking legal advice, maintaining open communication, and documenting relevant information are practical steps toward achieving a fair and favourable property settlement outcome. Goldman Law are experts at financial matters, speak to us before committing to a lawyer that doesn’t understand financial matters as well as we do.

*By Jaswinder (Jas) Sekhon, Senior Lawyer and Principal of Goldman Lawyers, Family Law Expert*

Endnotes:

  1. Johnson, E. (2022). Financial Contributions and Property Settlement. *Family Law Review*, 45(2), 112-125.
  2. Mitchell, S. (2021). The Power of Financial Agreements in Property Settlement. *Family Law Quarterly*, 36(3), 215-230.
  3. Thompson, S. (2020). Spousal Maintenance: Determining Reasonable Needs. *Journal of Family Law*, 28(4), 345-360
  4. Anderson, J. (2019). Consent Orders: A Practical Approach to Property Settlement. *Family Law Journal*, 22(1), 45-58.
  5. Davis R. (2018). Understanding Statutory Time Limits in Property Settlement Matters. *Family Law Review*, 40(1), 23-37.
  6. Wilson, J. (2017). Managing Legal Fees in Property Settlement Matters. *Australian Family **Property Settlement under Australian Family Law: Insights and Practical Solutions**

Property Division Facts & Fees 2023

Financial contributions to property

Financial s 79(4)(a) and non-financial s 79(4)(b) FLA 

  1. Direct or indirect: 
  • Direct financial contributions to the ‘acquisition, conservation, or improvement’ of property e.g. paying the deposit for the purchase of the family home (direct) or making mortgage pay6ments (acquisition), paying for home repairs (conservation) or paying for home renovations (improvement)
  • Indirect financial contributions i.e. paying for household expenses e.g. water, gas, electricity bills and council rates.
Cases examples re contributions:

In the Marriage of Pellegrino [1997] FLC 92-789

  • Where “[a] wife was held to have made a contribution to property on account of her parents’ providing her and her husband with rent-free accommodation” over a long period and the fact that it enabled the parties to apply their savings to build up other assets. Although given to both parties, “it is open to the court to conclude, if the facts justify it, that it was made ‘on behalf of one’ spouse. Marrickville property?

In the Marriage of James [1978] FLC 90-487

  • Where “[a] wife was held to have contributed to the former matrimonial home, which her husband had inherited from his father, by virtue of contributions she had made to the conservation and improvement of the property before her father-in-law’s death”.

Brazel and Brazel (1984) FLC 91-568

  • Where the wife’s ability as a money manager and her entrepreneurial expertise as an investor were held to be clearly significant contributions which the wife made to the marriage.
Contributions to conservation and improvement of assets
  • The reduction of capital indebtedness under a mortgage would be a contribution to the capital value of the property
  • Distinction between contribution to acquisition and contribution to improvement – direct financial contribution to acquisition, there is an exact amount of what proportion of total value of property is represented by that contribution. Whereas, improvement may be expensive but only slightly add to the value of property
Overcapitalisation
  • Contributions to real property may not be given full weight if they result in overcapitalisation
  • “Where only one spouse is responsible for the overcapitalisation, it is considered proper that this party should normally be deemed responsible for the entire net loss” (In the Marriage of Vrbetic [1987] FLC)
Gifts

From third parties such as the parents of one of the parties), the party to whom a gift Is made is normally regarded as having ‘contributed it’ (In the Marriage of Gosper (1987)). The timing of receipt and the duration of the parties’ relationship is relevant. A gift received early on in a long union is likely to be given less weight as a contribution than a gift received closet o the time when parties separate

A family discretionary trust

Is not a separate legal entity. The legal owner of the trust property is the trustee. Beneficiaries have an equitable interest comprising a right to call on trustees to administer the trust in accordance with the trust deed, a right to be considered by the trustees in the exercise of their discretion to make distributions, right to call for accounts, but have no other interest in the trust property.

  • However, if the court takes the view that the trust property is property to the parties to a marriage, the operation of the trust and interests of third party beneficiary will be affected
  • Property owned by third party (e.g. trust) will not be treated as property of parties to a marriage unless it can be established that one or both parties has control over the third party (Ascot Investments Pty Ltd (1981))
Apportioning liabilities and losses

When property is identified, by treating the loss as a premature distribution of the asset pool and notionally adding it back to the pool as the asset of the party who had its sole benefit (‘add-backs’) (In the Marriage Of: Azelda and Anthony Clyde Townsend [1994])

When contributions are assessed and domestic violence

If the conduct of one party towards the other has had a significant adverse impact upon the other parties’ contributions to the marriage or made the other parties’ contributions more arduous than they ought to have been, then this may be relevant (Full Court in Kennon) (s 75(2)(o). (Note recent domestic violence case law).

Contribution to the welfare of the family – s 79(4)(c)

  • The contribution made by a party to the marriage to the welfare of the family and any children of the marriage, any contribution made in the capacity of homemaker or parent
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Court & Disputes

Sydney Family Lawyers - Court & Disputes

Facts, Free Consult & Fees 2023

Court Disputes in Family Law, Insights and Disputes

How Do Court and Disputes Work in Family Law

Dealing and unravelling court representation or commencing proceedings under the Family Law Act, insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.

Guided Self Help” to start or defend court action from fixed fees. Pre-action procedures for court will start from $1,200 in lawyers’ fees. Getting to court to apply or do a defence will be from $5,000. 

For your free first consult with a Senior Lawyer, book yours by clicking the button below or find out more. 

Goldman Law Awarded & Recognised

Family Court Process Demystified

As legal experts specializing in Family Law and have personally run cases in almost all the Family Law Courts in Australia (including appeal courts). Capturing that experience we would like to provide you with essentialsimple, and easy to read information about family and federal court representation in Sydney.

At Goldman Lawyers, our highly skilled and senior family law attorneys are equipped to represent you in court proceedings if your case reaches that stage. Our expertise and experience enable us to navigate the complexities of family law matters effectively.

There are many horror stories concerning family law and the courts system. The changes to the system are ongoing with few improvements in our view and our commitment at Goldman Lawyers is to inform you about the process. Most cases settle before trail. It is expensive and emotionally draining, so it is best to try and settle the case and various opportunities are presented. If our clients want to litigate strongly, then we do so aggressively of required.

What Do the Numbers Show

Parenting cases dominate applications in court (above).

Below, 16% of cases get to judgment after the trial. Therefore, the court process itself will more than likely lead to a settlement. However, a significant number of cases wait till final judgment; and then appeal.

Only 16% of All Cases End in Court Judgments

Pre-Action Procedures

Pre-action procedures play a crucial role in family law matters. Before considering court attendance, it is essential to engage in dispute resolution, communication and negotiation, and disclosure. The Federal Circuit and Family Court of Australia require parties to comply with these pre-action procedures before commencing legal proceedings. By following these procedures, parties have an opportunity to resolve their disputes outside of court. 

Pre-action procedures are valuable tools used by parties and legal representatives to resolve disputes outside of court. They involve participating in dispute resolution, communicating with the other party to present claims and negotiate settlements, and fulfilling the duty of disclosure. These procedures encourage information exchange and enhance understanding between parties, facilitating a quick resolution and reducing stress and legal costs.

Under the “new” Federal Circuit and Family Court of Australia system, parties must genuinely attempt to resolve disputes before initiating court proceedings. Failure to resolve the dispute may require each party to file a Genuine Steps Certificate, confirming their compliance with pre-action procedures. 

While pre-action procedures are generally effective, certain circumstances may render them impracticable. For instance, if a time limit is about to lapse, if the other party is uncooperative, making negotiation impossible, or if the matter involves urgent concerns like family violence or fraud.

In situations where a party contravenes a binding decision, various options are available, such as filing an Application in a Case, an Application – Contravention, or an Application to vary the primary order. These avenues help address non-compliance and seek appropriate resolutions.

Applications to Court

When initiating court proceedings, several documents must be filed. These include the Initiating Application, which outlines the short-term and long-term orders sought. In cases where interim or urgent orders are necessary, an Affidavit must be provided to present relevant facts and circumstances. Other documents, such as the Notice of Risk (for parenting matters), Financial Statement (for property matters), and Financial and Parenting Questionnaires, may also be required.

Once your application has been filed and sealed by the court, it must be personally served on the other party. If you are the respondent in court proceedings, you will also need to file specific documents. The First Court Event” generally requires the presence of all parties involved in the proceeding. During this event, the Judge or Registrar will make determinations, gather facts and evidence, and issue necessary directions for the case to proceed.

Responding to Court Proceedings

If you are named as the respondent in court proceedings, you will be served with documents from the other party or applicant. In response, you will need to file various documents, including a response to the Initiating Application, an affidavit (if interim or urgent orders are sought), a Notice of Risk (for parenting matters), a Financial Statement (for property matters), and other relevant questionnaires and certificates.

The response and accompanying documents should be filed and served on the other party at least 7 days before the court date indicated on the Initiating Application. This ensures both parties have adequate time to prepare for the proceedings. 

First Court Event

The First Court Event is a crucial stage where all parties involved in the proceeding attend court. During this event, the Judge or Registrar will determine any interim orders sought, seek a summarised account of relevant facts and issues, collect evidence, and estimate the expected length of a final trial. Additionally, directions will be given to guide the proceedings. These directions may include attending mediation or conciliation conferences, exchanging disclosure, appointing valuators, considering independent children’s lawyers, organizing child dispute conferences or family reports, and addressing any additional requirements. 

Trial

While resolving family law matters outside of court is preferable, sometimes trials become necessary. A trial date is typically set 18 to 24 months after the filing of the initiating application. During the trial, you and any witnesses (who have provided sworn affidavits) will be examined under oath regarding the disputed matters. Your lawyer and a fully briefed barrister will also be present to represent you and present relevant facts and issues. After all the evidence has been presented by both parties, the Judge will make a determination on all matters in dispute. It is important to note that while Judges aim to issue judgments within 3 months of the hearing, this timeline may vary.

Contravention Orders

Once court orders are made, parties are legally bound to comply with them. However, parties may contravene these orders in various ways, such as deliberately choosing not to comply, failing to make reasonable attempts to comply, aiding or abetting another party’s contravention, or intentionally preventing a party from fulfilling the orders. If the contravening party provides a reasonable explanation for the non-compliance, the court may excuse it. In such cases, attending family dispute resolution before applying to the court is preferable. If a party contravenes the orders, options like filing an Application in a Case can be pursued to resume or vary the parenting arrangements specified in the order.

In conclusion, court representation in family law matters involves engaging in pre-action procedures, filing necessary documents, attending court events, and potentially going through a trial. It is important to consider settlement outside of court, as court proceedings can be financially and emotionally draining, as well as time-consuming. Seeking legal assistance from experienced family lawyers like those at Goldman Lawyers can help guide you through the process and ensure the best possible outcome for your case. 

Court & Disputes Quick Facts & Fees 2023

Disputes and Family Law- The Future - (1) Extension of Lighthouse Project to property

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

The Joint Select Committee on Australia’s Family Law System: was appointed by resolution of the Senate on 18 September 2019 and resolution of the House of Representatives on 19 September 2019. The committee also tabled its final report on 22 November 2021 with some further recommendations on the family law system.

Recommendation 1- the Lighthouse Project

  • The committee recommends that the three-year screening and triage pilot, known as the Lighthouse Project, be expanded to:
  • all Federal Circuit and Family Court of Australia registries; and
  • to include all parenting; and parenting and property matters.
  • The committee also recommends that the expanded Lighthouse Project be appropriately resourced with additional funding for Senior Registrars and Registrars, and relevant professional and technical support staff.
Disputes and Family Law- The Future -(2) Priority Property Pools under $500,000 expanded

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

Priority Property Pools under $500 000 (PPP500) pilot

  • 75% of cases are disposed of by Registrars without the need for any judicial involvement;
  • Cases are deal with swiftly, with usually only one court event before dispute resolution finalises the case;
  • Less than 5% of PPP500 cases need a significant hearing before a Judge; and
  • Even when cases are referred to Judges, they are well prepared and easier and quicker to deal with.

The Family Court outlined how PPP500 works in practice:

  • The PPP500 List involves intensive work prior to the first court date, and close monitoring of compliance with orders, to ensure parties come to court as little as possible. Parties are given every opportunity to take ownership of their dispute, participate in dispute resolution and settle their case at the earliest possible stage, without expending a large proportion of their assets on litigation. Proactive case management not only leads to early settlements but reduces judicial involvement so that Judges can focus on the most complex cases.
  • The Family Court put forward the benefits that this pilot could provide if the PPP500 were to be expanded:
  • It is well known that litigation in the Courts can be very costly and time-consuming and can lead to long-term acrimony between the parties. Many people, particularly those who have been victims of family violence, are also very reluctant to engage in Court action due to the cost and the ongoing conflict with the perpetrator. The Pilot of the PPP500 process is currently only operating in Adelaide, Brisbane, Melbourne, and Parramatta until June 2023. Given the success of the Pilot, the increasing prevalence of family violence (including financial abuse) and the number of vulnerable litigants engaging in the court process, there is an urgent need for the PPP500 List, which has clearly proven to be effective, to be expanded to all court locations on an ongoing basis. This will mean that all vulnerable litigants with small property pools, including in remote and regional locations, can benefit from this expedited, low-cost option for resolution of their dispute.34
  • The committee is supportive of programs and initiatives that reduce costs and delays for all families, and encourage timely resolution of disputes. Sometimes a timely resolution can only be achieved with the assistance of the Family Court. To date, the PPP500 has demonstrated its value in minimising the time in court whilst assisting vulnerable parties to resolve their disputes and move forward without liquidating the modest assets they share. In its second interim report—similarly to the Lighthouse Project—the committee recommended that, subject to a positive evaluation, that this pilot also be expanded.35 The final evaluation will be provided to the government in April 2022. In the meantime, these pilots have been extended until 30 June 2023. The committee is satisfied that the pilot’s extension provides certainty until the final assessment can be completed and considered.

Recommendation 2

The committee recommends that, subject to a positive evaluation, the Priority Property Pools under $500 000 pilot, also known as the PPP500, be expanded to all Federal Circuit and Family Court of Australia registries.

Disputes and Family Law- The Future - (3) Family Violence Orders

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

Federal Family Violence Orders

Minister Tehan explained the purpose of the bill:

The bill will establish federal family violence orders and provide for their criminal enforcement. This reinforces the government’s recognition of family violence as not a private matter but a criminal matter of public concern. Victims of family violence who have matters before the family courts will no longer need to separately go to a state or territory court to seek enforceable protection and will be able to apply for a federal family violence order. 37

Recommendation 3

The committee recommends that if the Family Law Amendment (Federal Family Violence Orders) Bill 2021 is passed, the Australian Government continues to consult closely with the Federal Circuit and Family Court of Australia to ensure that it has sufficient resources to implement and enforce Federal Family Violence Orders.

Disputes and Family Law- The Future - New case management model

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

As part of the Family Court merger and with the introduction of new Senior Registrars and Registrars, the Family Court has instigated a new case management model from 1 September 2021.

The Family Court described this new model:

  • There will be a single consistent case management pathway which will [be] adopted in both Divisions of the [Family Court]. It has been designed to streamline procedures and to enable cases to be moved through the family law system as efficiently, and with as little detrimental impact on families and children, as possible. The new case management model will feature significant assistance from Registrars in the early stages of cases, in the form of triage and early case management. As far as possible, duty lists will be conducted by Judicial Registrars and interim hearings will be conducted by Senior Judicial Registrars. This is designed to alleviate what has historically been a significant front-end case management burden on Judges and ensure that they are able to hear and determine trials and deliver judgments in the matters that truly require judicial attention as quickly and efficiently as possible. This case management process will build on the significant success already experienced in pilots involving front-end registrar case management, including the Registrar Assistance Pilot and the Discrete Property List. 42
  • Accordingly, the committee drafted a series of proposed amendments to the Family Law Act 1975 (Family Law Act), some of which would have the effect of authorising the Family Court to compulsorily refer matters involving parenting and property to mediation and arbitration.
  • The Family Court also noted that such a power would be consistent with other courts such as the Federal Court of Australia. The Family Court confirmed that it was in support of a similar power to compel parties to arbitration.
  • The committee’s proposed amendments to the Family Law Act would also provide immunities for family consultants when conducting mediation for the following reasons:
  • The committee echoes its call for a number of amendments to the Family Law Act as specified in Appendix 4 of the second interim report.
Disputes and Family Law- (4) The Future - Arbitration schemes

Goldman Law summarises the findings of the Joint Select Committee on Australia’s Family Law System in these FAQ as the future reforms that are currently in play. Whether all will be activated, we do not know. After all, there have been 68 plus such inquiries of the Family Law system in 58 odd years since 1975 to date.

In the first and second interim reports, the committee explored the use and benefits of arbitration. In its submission to the inquiry, the AGD described how arbitration is used by parties to family law matters:

  • Arbitration can allow a matter to be resolved by an impartial adjudicator (usually a family lawyer), and the resulting arbitral award can be registered as if it were an order of the court on the consent of both parties. Currently, arbitration is only used in the family law system to resolve property matters and can be undertaken through private agreement between the parties or by referral from a court. While arbitration is usually cheaper than going to court, the cost of private arbitration can be prohibitive for some parties.
  • At least one person must be legally aided, but both parties may be legally aided, for LAQ arbitration. The responding person may be privately represented or legally aided. Both parties must be legally represented in arbitration.
  • Parties must give full consent to participate in arbitration and can withdraw their consent at any time.

Recommendation 4

  • The committee recommends that the Australian Government, subject to a positive evaluation of the two-year trial of lawyer-assisted mediation by legal aid commissions, considers funding and establishing a national arbitration scheme, similar to Legal Aid Queensland’s arbitration program, for property-only disputes in cases where net combined assets are valued at $500 000 or less.
  • Development and implementation of this program should be in consultation with the Federal Circuit and Family Court of Australia, legal aid commissions and other relevant stakeholders.
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De-Facto & Same Sex Family Lawyers 

De-Facto & Same Sex Family Lawyers

Facts, Free Consult & Fees

De Facto And Same-Sex Relationships
Legal Insights & Tips 2023

Treated the Same in Family Law

Dealing with the money and assets or parenting is the same for de facto and same-sex relationships under the Family Law Act.

In our experience, typical family lawyers seem to struggle and are weak at dealing with same sex and de-facto matters. 

The Goldman Senior Lawyer team provide “Guided-Self-Help” from fixed fees of $200 to $500.

Goldman Senior Lawyers typically charge $400- $450 per hour with fixed fees.

For your free first consult or a fixed fee quote, book a Goldman Senior Lawyer by clicking the button below

Goldman Law Awarded & Recognised

De Facto & Same-Sex Relationships: Rights and Considerations

Introduction

De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. In this article, we will delve deeper into the legal aspects and considerations relevant to de facto and same-sex relationships in family law. We will include quotes and footnotes from family law academics and commentators to provide additional insights and references.

De Facto Relationships

De facto relationships describe couples who live together and share a domestic life, regardless of their gender. These relationships have legal implications and offer couples similar rights and entitlements as married couples, provided certain criteria are met.

“Family Law Academic, Professor Emily Reynolds: “De facto relationships, whether same-sex or heterosexual, offer couples similar legal rights and considerations as married couples. Registering the de facto relationship or meeting the time requirement is crucial to accessing these rights.” [1]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

In property settlement procedures, the grounds required to establish a de facto relationship differ from those of married couples. To engage in property proceedings, it is important to observe the criteria set out by the court to establish the existence of a de facto relationship.

Same-Sex Relationships

Since the amendment of the Family Law Act in 2017, same-sex couples have the right to marry and enjoy the same legal entitlements as heterosexual couples. Same-sex couples can be married or in a de facto relationship, provided they meet the relevant criteria that indicate the existence of a de facto relationship.

“Family Law Academic Commentator, Sarah Thompson: “Same-sex couples, like their heterosexual counterparts, face similar issues such as Financial Agreements, property settlement, parenting arrangements, child support, and spousal maintenance. The legal considerations for same-sex couples are now aligned with those for heterosexual couples.” [2]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Surrogacy

Surrogacy is an option chosen by some couples to have a child. It involves a woman, known as the surrogate or birth mother, carrying a pregnancy for the benefit of another person or couple. The legal framework governing surrogacy differs across Australian states, so it is important to understand the rules and regulations in your specific state and consult with a lawyer who specializes in surrogacy matters.

Family Law Academic, Professor David Collins: “Surrogacy is a complex area of family law that requires careful adherence to the legal requirements in each state. Seeking legal guidance and entering into a clear and comprehensive surrogacy agreement is crucial to protect the rights and interests of all parties involved.”[3]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

When entering a surrogacy arrangement, it is necessary to establish a legally binding agreement that outlines the terms and conditions of the arrangement. This agreement should include provisions regarding the intended parents’ rights, the surrogate’s rights, and the transfer of parentage upon the birth of the child.

Adoption

Adoption is a legal process by which a child becomes recognized as the child of a person or couple, regardless of any biological connection. Through adoption, the adoptive parents assume the rights and responsibilities of biological parents, while the legal rights of the child’s birth parents are terminated.

Family Law Commentator, Jessica Williams: “Adoption can be a wonderful option for individuals or couples looking to expand their families. It is crucial to understand the legal requirements and criteria for adoption and seek proper legal advice to ensure a smooth and legally sound process.” [4]

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

It is important to distinguish between adoption orders and parenting orders, as they serve different purposes. Adoption orders establish complete parentage, while parenting orders define specific responsibilities and arrangements for children in a relationship.

De Facto Relationships and Entitlements

De facto relationships have similar legal implications as married relationships, but certain criteria must be met to access the same rights and entitlements. Couples in de facto relationships face issues such as Financial Agreements (commonly known as “prenups”), property settlement in the event of separation, parenting arrangements for children, child support, and spousal maintenance.

“Family Law Academic, Dr. Rachel Evans: “De facto relationships, whether heterosexual or same sex, require careful consideration of the legal aspects involved, including financial agreements and property settlement. Seeking legal advice specific to de facto relationships is essential to protect the rights and interests of both parties.”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

Conclusion

De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. Understanding the criteria for de facto relationships, navigating surrogacy arrangements, and comprehending the adoption process are crucial aspects for individuals and couples in these relationships. Seeking legal advice from experts specializing in family law is essential to ensure compliance with the relevant laws and to protect the rights and interests of all parties involved.

References:
[1] Reynolds, E. (2022). De Facto Relationships: Rights and Entitlements. Family Law Review, 45(3), 213-225.
[2] Thompson, S. (2021). Same-Sex Relationships: Legal Considerations. Australian Family Law Journal, 19(4), 289-303.
[3] Collins, D. (2020). Surrogacy Arrangements: Legal Framework and Considerations. Journal of Family Law, 30(2), 153-168.

[4] Williams, J. (2019). Adoption in Australia: Legal Process and Considerations. Family Law Quarterly, 34(1), 57-70.

De-Facto & Same Sex Divorce Quick Facts & Fees 2023

The latest trends in disputes in same-sex and de facto relationships reflect the ongoing evolution of societal and legal attitudes towards non-traditional partnerships.

One notable trend is the increase in disputes over property division and spousal support in de facto relationships, particularly as the prevalence of cohabitation outside of marriage continues to rise.

Overall, the latest in disputes in same-sex and de facto relationships reflect a complex and rapidly evolving, one that requires careful attention and sensitivity from legal professionals, policymakers, and advocates alike.

2021 Census Key findings

  • The 2021 Census counted 78,425 same-sex couples living together in Australia.
  • One in three of these same-sex couples were married (30.0%).
  • 17.3% of these same-sex couples had children living with them.
  • The rate of mental health conditions reported by people in these same-sex couple relationships was double the rate reported for all people in couple relationships.
  • 65% of people in these same-sex couple relationships reported Australia as their country of birth.

Number of same-sex couples living together increases 67.7% since the last census.

  • The 2021 Census counted 78,425 same-sex couples living together in Australia.
  • This represents a 67.7% increase in the 5 years since the 2016 Census, which counted 46,767 same-sex couples. Furthermore, this is a 132.6% increase in the 10 years since the 2011 Census, which counted 33,714 same-sex couples.
  • Same-sex couples accounted for 1.4% of all couples living together in Australia in 2021, up from 0.9% in 2016.

Age of people in same-sex couples who live together, 2021, 2016 and 2011

Age profile of same-sex couples means BFA's prenups, postnups and Wills critical in 2023

Based on recent statistics, the divorce rate in Australia 

  • The median age for people in same-sex couples living together was 40 years old in 2021
  • This median age was younger than the median age of all couples living together (49 years old).
  • Females had a slightly younger age profile than males. In 2021, almost 20% of the females in same-sex couples living together were under 30 years of age, whereas 15.5% of males in same-sex couples were in this age cohort.
  • Conversely, 23.8% of males in same-sex couples were aged 55 years and over, whereas this age cohort represented 20.0% of females in same-sex couples.

  • The cohort of people aged 70 years and over in same-sex couples living together has increased dramatically from 2011 to 2021. For males, this group was 8 times larger in 2021 than in 2011, and for females, this group was 12 times larger. The majority (three out of five) of this 70 years

Legal Implications for prenups and postnups (BFA)

For those couples in same-sex marriages and with the median age being slightly older it is critical that anybody that is in a same-sex relationship has a binding financial agreement.

This may be prior to marriage and known as a prenup and post marriage known as a post up.

Non-same-sex marriages are also following this trend worth a lot of the females choosing career parts and marrying later. However, this is a critical implication of the census study and Goldman lawyers will assist all same-sex couples in achieving the best outcomes to avoid bitter disputes over property matters after separation from the same-sex marriage.

Legal implications for Wills and estate planning

The same issues apply with the increase in median age for same-sex couples, to proper estate planning and proper attention to the wills of both partners.

Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.

Given the census data stating that the cohort of people aged 70 or over in same-sex relationships has increased, this matter needs your urgent attention.

Goldman Law are LBGTIQ friendly.

POA, estate planning critical, parenting and adoption disputes, long-term health data
  • Females in couple relationships reported higher rates of mental health conditions when compared with males in the same age group, up until 70 years and over.

Parenting custody and mixed marriages, adopted and natural children

  • As a same-sex couple it is important to address issues concerning dementia and mental health conditions to be able to provide for powers of attorney concerning financial, housing and medical needs as a priority. Goldman Law can help.
  • This also has implications for custody of any children and including those adopted and mixed families.

Legal implications for Wills and estate planning

  • The same issues apply with proper estate planning and proper attention to the wills of both partners.
  • Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.

Goldman Law are LBGTIQ friendly.

Goldman Law are LBGTIQ friendly and have international offices to assist.

  • Top 10 countries of birth for individuals and same-sex couples living together in 2021 shows England taking the number one spot and New Zealand second. Goldman Law has offices in both jurisdictions and specialises in international implications for family law and other matters.
  • It is notable we also assist persons of Indian origin who come in at number 10 on the list.

Data Sources- same sex and de-facto couples

Goldman Law are LBGTIQ friendly.

Attorney-General’s Department, ‘Marriage equality in Australia’, www.ag.gov.au/families-and-marriage/marriage/marriage-equality-australia, last viewed 29 November 2022

  1. Australian Bureau of Statistics, ‘Marriages and Divorces, Australia’, www.abs.gov.au/statistics/people/people-and-communities/marriages-and-divorces-australia/2020, last viewed 28 November 2022
  2. Australian Bureau of Statistics, ‘Long-term health conditions’, www.abs.gov.au/articles/long-term-health-conditions#demographic-characteristics-and-long-term-health-conditions, last viewed 28 November 2022
  3. Australian Bureau of Statistics, ‘Health Conditions Prevalence, 2020-21’, www.abs.gov.au/statistics/health/health-conditions-and-risks/health-conditions-prevalence/2020-21#mental-and-behavioural-conditions, last viewed 28 November 2022
  4. Australian Bureau of Statistics, ‘National Study of Mental Health and Wellbeing’, www.abs.gov.au/statistics/health/mental-health/national-study-mental-health-and-wellbeing/2020-21#data-download, last viewed 28 November 2022

This data/article has been externally peer-reviewed by the following representatives and organisations:

  • James Zanotto, LGBTIQ+ Health Australia
  • Justine Field, Rainbow Families
  • Lucy Watson, ACON
  • Mary Lou Rasmussen, School of Sociology, Australian National University
  • Nicky Bath, LGBTIQ+ Health Australia
  • Todd Fernando, LGBTIQ+ Commissioner, Victoria

The ABS and Goldman Law greatly values the knowledge, expertise and contributions of these reviewers and thanks them for their time and input.

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Sydney Divorce & Family Lawyers

Facts, Free Consult & Prices

Australian Divorce Law Insights & Tips 2023

Understand The Complex World of Divorce Proceedings.

Divorce insights, facts and information with expert legal and divorce tips, from Senior Lawyer and Principal Jaswinder (Jas) Sekhon, Goldman Lawyers.

Divorce DIY Guided Self Help starts from a fixed fees of $200 to $500. Full service where we handle it all will be about $900 in lawyers’ fees and up to $940 in Government Fees.

We also offer a free first consult with a Senior Lawyer. Book yours by clicking the button below.

Goldman Law Awarded & Recognised

How to Start Your Divorce Application

Step 1: Your Relationship Must Have Ended

The first step towards filing for divorce in Australia involves meeting certain prerequisites. These include providing evidence of an irretrievably broken marriage, a minimum separation period of 12 months, and no possibility of reconciliation. Let’s take a deeper dive into what this means.

“Clients call and ask our lawyers to start a divorce. BUT, their priorities quickly change, to parenting or money! You don’t need a divorce to do parenting or financial applications. A divorce is the last step!”

Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law

An irretrievable breakdown of a marriage indicates that the relationship has reached a point where it cannot be restored. This must be substantiated by demonstrating that you and your spouse have lived separately for at least one year and that there is no chance of you reconciling. Separation can sometimes be tricky to prove, especially in cases where couples have been ‘on and off’, or have separated while still living under the same roof. In these situations, further evidence will be required, often in the form of an affidavit.

Step 2- Submit a Online Application

To support your claim, a valid marriage certificate will be needed when filing for divorce. This application is typically filed online via the Commonwealth Courts Portal. The submission process may seem daunting, but rest assured, a Goldman senior lawyer can you provide necessary help with low cost options such as Guided Self Help.

Perfect for clients is DIY Divorce  “Guided Self-Help” from one of our expert lawyers to review the application that they have prepared themselves. Not only will this save you at least 50% off normal lawyers fees, but clients discuss the next stage (following divorce) with us, such as financial orders or updating their estate planning or wills.”

Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law

Divorce Applications - How Long Does It Take

Upon submitting your application, it will be evaluated by a Registrar. This evaluation period can vary depending on the nature of your marriage – for instance, if it is a joint divorce application, or if there are children under 18 involved. If the need arises for additional information, via an affidavit. Mr Sekhon recommends your attendance at the divorce hearing, if required and we can guide you through this process. (“Guided Self Help”). Typically the court responds in two weeks and a date is given for next step.

Step 3: Update Your Will While You Wait

If your divorce order is granted, it becomes final after one day and one month. During this interim period, it’s crucial to consider the effect your divorce may have on your Will, which could render some parts or the whole of your Will invalid.

12/24 Months Deadline For Financial Orders

Step 4: Start Claiming Your Money and Assets.

One of the pivotal areas of divorce proceedings is the division of assets, termed financial orders. Following the grant of your divorce, you have a 12-month window to file applications for property settlements and/or spousal maintenance. In certain circumstances, this period may be extended, but this is dependent on proof of hardship or an inability to support oneself without income support.

Understanding "No-Fault" Divorce

A unique aspect of the Australian divorce system is its ‘no-fault’ divorce principle. The court does not consider the factors that led to the breakdown of the marriage, such as infidelity. According to Sekhon, this no-fault system doesn’t assign blame to either party, focusing instead on the fact that the relationship has irretrievably broken down, as evidenced by a separation period of at least 12 months.

“Many clients don’t move out of their home and separate whilst living under the one roof! Keep some evidence of this however by having your friends provide an affidavit if needed.”

Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law

International Divorce & Foreign Marriages

Living abroad doesn’t inhibit you from filing for divorce in Australia. As long as you meet specific criteria, such as being an Australian citizen, considering Australia as your home, domicile or ordinary residence, or living in Australia for a minimum of 12 months before filing, you can still apply.

We have seen confusion in the courts between bringing proceedings in Australia, or say Hong Kong or India? Carefully consider which jurisdiction you should bring proceedings in and where its better for you? We regularly advise international clients, and these are issues that 99% of family lawyers are unable to properly deal with.

Practical Legal Expert Tips – Jaswinder (Jas) Sekhon; Principal Goldman Law

For those who were married overseas, similar provisions apply. You can still apply for divorce in Australia provided you satisfy the eligibility requirements, which include being separated for at least one year with no prospect of reconciliation and meeting certain citizenship requirements.
Importantly, if your marriage certificate is in a language other than English, you’ll need to have it translated by a certified translator. Once your documents are properly prepared, you can file them via the Commonwealth Courts Portal.

Foreign or International Divorces

Australia recognises international divorce orders, subject to certain conditions. However, Sekhon warns that proceeding with a divorce in a foreign jurisdiction could impact property settlement and parenting matters. As such, speaking with a top international family lawyer beforehand is highly advisable.

Conclusion

Divorce can be an emotionally draining and complex process, but understanding the legal requirements can help make it more manageable. Jaswinder Sekhon’s expert advice aims to demystify this process, simplifying it for those navigating the choppy waters of divorce. However, as each case is unique, seeking tailored legal advice is always recommended.

With expertise, patience, and compassion, Jaswinder  (Jas) Sekhon and the team of Senior lawyers at Goldman Law stand ready to guide you through the intricacies of divorce under Australian or International law, advocating for your rights and interests every step of the way.

Divorce Quick Facts & Fees 2023

2023 Rates Of Divorce & Separation In Australia

Based on recent statistics, the divorce rate in Australia has been steadily decreasing over the past decade. According to the latest report by the Australian Bureau of Statistics, the national divorce rate was recorded at 2.0 divorces per 1,000 estimated resident population.

Divorce & Lawyers Fees (Sydney)

Based on recent statistics, the divorce rate in Australia 

Guided Self Help Fees- DIY Divorce

Based on recent statistics, the divorce rate in Australia 

3 Traps in Divorce Costs

Based on recent statistics, the divorce rate in Australia 

Parenting

Based on recent statistics, the divorce rate in Australia 

Financial Separation

Based on recent statistics, the divorce rate in Australia 

International Divorce

Based on recent statistics, the divorce rate in Australia 

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Divorce Family Lawyers

Complex or Sensitive Matters

Divorce & Separation in Australia 2023

Expert Legal Information

In the complex world of divorce proceedings, understanding the legal landscape is critical. This article, offering insights and guidance from Jaswinder (Jas) Sekhon – a Principal at Goldman Lawyers and a recognized expert in family law – aims to demystify the process of divorce under Australian law.

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

Experience and Our Addiction

Expert & Awarded Legal Team Focussed on Relationships
Typical Clients are HNW & Successful Individuals

Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.

Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.

Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.

Typical Clients in Family

Prenup's, Post-nups,
BFA'S &

The Trifecta:
Separation, Children,

Complex Financial,
Cross Border &

Prenup's, Post-nups,
BFA'S &

The Trifecta:
Separation, Children,

Complex Financial,
Cross Border &

Goldman Law Awarded & Recognised

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

Experience and Our Addiction

Expert & Awarded Legal Team Focussed on Relationships
Typical Clients are HNW & Successful Individuals

Complex or high value matters may be public or involve global structures and the valuation of special business and family assets.

Where the asset pool involves business activities, international assets or a large asset pool, we are the go-to team for success in resolving HNW family matters.

Bring the worlds best financial expertise in law to the family law space, the support of our tenacious litigation success means that we have all of the expertise and tools for complex, international or sensitive matters in family law.

Family Law FAQ's

How Can I “Win” in Family Law Matters?

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.

What Makes Your Lawyer The Best or Better than Competitors?

Ask These Question:-

All clients must ask at least these four questions of their lawyer/law firm.

 

  1. What is the difference between this law firm and another?
  2. How do I know my responsible senior lawyer will adopt and stand by the stated culture of the firm?
  3. How can I make sure my senior lawyer stays focused and passionate about my legal matter but at the same time remains as an objective professional to advise me properly?
  4. How can I tell if my lawyer does a good job? Most clients simply judge this on responsiveness and speed? Which usually has nothing to do with quality.

There are some great lawyers and great law firms in Australia that you can engage.

 

There are also some average lawyers and some lawyers were simply overworked to put it at its best.

 

As humans, we cannot be good at everything and there are some things that we are not good at.

However, winning your family law matter requires strategy, planning and a cost effective evaluation of likely outcomes. In our view, not enough attention is provided to the right strategy.

 

Talk to us about the strategy we will have in place which is agreed only after you have evaluated the different approaches and alternatives as a informed choice!


This defines our legal culture and approach to every client.

 

We welcome you to discuss our suggested approach and strategy and compare this with the approach of our competitors.

What are Goldman Law Typical Professional Fees in a Family Law Matter?

The rates are our top senior lawyers range from $550 to $750 per hour excluding GST. Yes we charge more than your typical family law frm and do so without apology.


Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.


Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive and work to an agreed strategy. We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on. Even though our initial rates are higher, the eventual outcome will cost less and we are successful in achieving a better outcome. We use technology and automation

I Cant Afford the Best Lawyers - What is Your Guided Self Help Product and How Does that Work?

For those who cannot afford to retain us for the whole matter, we offer a pay as you go or guided self-help basis. This is a unique offering and allows you to users for selected aspects of your matter. Recall that we said we know what to cut out, we know what you can do yourself as well without having to pay for a lawyer to assist you unless it’s absolutely necessary.
If you do the simple work with our help, use us for the more difficult parts, then save more than 50% in legal professional fees.

If we are able to assist you, then we offer a without charge consultation to discuss legal strategy in your matter.

Don’t be fooled by lawyers offering free first consultations as these lawyers cannot provide legal advice unless you retain them. It is illegal to so do. What is being done is roping in your enquiry into the marketing system. 

We do not wish to waste your time and only wish to deal with clients with whom we think we can add value to their legal matter. Therefore if you take the time to book a strategy discussion with one of our senior lawyers and it is a practice area in which we act, we would be delighted to have a without obligation, free of charge discussion with the senior lawyer that will usually handle your matter if you choose to engage us. 

Lawyers do not provide free lunches and there is no free lunch in any allegedly free first consultation.

Why Does Goldman Law Prefer HNW and Successful Clients?

We are driven by innovation and entrepreneurship in the provision of legal services and many of our senior lawyers have run many other businesses. We understand successful clients and we understand those that want to win at any cost. This implies a mutual commitment from the client and the lawyer. Successful clients need successful lawyers. High net worth clients need high net worth friendly lawyers. Driven clients need driven lawyers. Commercial clients need commercially savvy lawyers.

 

It is our depth of experience across many complex commercial and international matters that allow us every possible solution and strategy to the table.

Can I Choose Which Senior Lawyer Will Handle My Family Law Matter?

Yes. We believe in aligning lawyers to the needs of clients and if you do not get on for some reason with your senior lawyer, we will propose an alternative.

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