Family Law Property Disputes – What a mess!

Posted: June 5, 2018 2:39 am Categories: Leave your thoughts

Family Law is currently in a mess –

  • Long delays
  • Courts clogged up with cases
  • No compulsory requirement to make a genuine and reasonable attempt to resolve the dispute through negotiation and/or mediation before filing in court
  • Nothing to deter lawyers from trying to use this broken system to increase their revenues from family law litigation
  • Exposure to high legal fees that reduce the net equity for division between divorcing or separating couples

No one is immune from the current failures in the family law court system.

The federal government has pledged to fix it, but this will take months, if not more if there intended shake up of the court system is challenged by family court judges relying on arguments under the federal constitution. They want to protect their current positions, status and salaries.

Family law property disputes, if protracted and acrimonious, lead to a whole raft of negative outcomes –

  • The longer it takes to resolve the more time for disputes to escalate and alienate the parties to the dispute;
  • If parties are also fighting over shared parenting and time with their children there is enormous potential for a total breakdown in personal communication with disastrous consequences for any children involved;
  • Escalation of legal costs;
  • Exposure to high levels of stress that impacts every aspect of quality of life and ability to cope with life’s challenges;
  • Increased risk of family violence breaking out.

Are there alternatives to all this?

Is there a way to escape these adverse outcomes?

Most definitely Yes.

Whitelaw Legal Group (WLG) and CDMC National specialise in EDR (early dispute resolution) in many types of disputes, including family law property.

It’s all explained on WLG website – just navigate to family law content.  Download our free e-book.

The key elements and benefits of this other way are –

  • Early intervention to contain and deescalate the dispute;
  • Manage the communications between the parties to enhance prospects of early resolution;
  • Adopting an approach that educates both parties about the law, but also helping them to give prominence to coming up with their own solutions based on what they feel is fair and just;
  • Avoiding taking an overly legalistic and competitive approach where each party strives to get more so the other gets less, by opening the door to a more cooperative, creative and collaborative approach based on mutual respect;
  • Minimising personal stress all round;
  • Minimising time delay and costs;
  • Facilitating parties reaching their own binding agreement so that they can move on with their lives.

 

Christopher Whitelaw

Director and Principal

30 Cattley Street Burnie Tas 7320

Tel: 03 6431 7674

 

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