Choosing Alternative Dispute Resolution methods over litigation in family law case
Alternative dispute resolution methods, such as mediation or collaborative practice, over litigation in family law cases can offer several benefits to clients. Clark Panagakos Family Law encourage clients to choose alternative dispute resolution for some of the following reasons: Cost-Effectiveness Litigation can be a lengthy and expensive process. Court fees, solicitor and barrister fees, and […]
Does it matter whose name assets are held in?
While the name in which assets are held is a relevant factor, it is not the sole determining factor in property division. The Family Law Act 1975 (Cth) in Australia takes a broad and holistic approach to property division, focusing on the overall asset pool and the principles of contributions, future needs, and justice and […]
Factors Considered by Courts in Determining the Best Interest of Children
When it comes to making decisions regarding care arrangements, the Court must regard the best interests of the child as its paramount consideration. The Family Law Act 1975 (Cth) sets out the factors relevant to determining the best interest of the child. The Court also has the discretion to consider anything it thinks is relevant […]
How to choose the best family lawyer?
Choosing the best family lawyer is crucial when facing legal issues related to family matters. Here are some key considerations to help you select the best family lawyer for your needs: Specialisation and Experience Look for a lawyer who specialises in family law and has extensive experience in handling cases similar to yours. Family law […]
Inheritance and Family Law: Navigating the Intersection of Family and Estate Matters
Inheritance can be a significant factor in family law proceedings, adding complexity to matters related to property division, financial support, and the overall resolution of family disputes. Understanding the interaction between inheritance and family law is crucial for individuals facing relationship breakdowns or other family law issues. Inheritance refers to the assets, property, or financial […]
Navigating Property Division in Family Law: Understanding the Process
When a marriage or de facto relationship ends, property division is often one of the most complex and emotionally charged aspects of family law. Property division in family law refers to the process of distributing assets, liabilities, and financial resources accumulated during a relationship. This includes real estate, investments, businesses, vehicles, household items, debts, superannuation […]
Parental Alienation and Family Law: Understanding the Impact and Legal Considerations
Parental alienation is a distressing issue that can arise in family law cases, profoundly affecting the parent-child relationship. Parental alienation refers to a situation where one parent manipulates a child to harbour unjustified hostility or rejection towards the other parent. It involves tactics such as denigration, manipulation, or unjustified restrictions on the child’s relationship with […]
Recording a Property Agreement reached by Consent in Family Law
When it comes to property agreements in family law, documenting the terms and conditions is essential for clarity, enforceability, and future reference. Various options are available for recording property agreements by consent, each with its pros and cons. It is essential that a specialist family lawyer is consulted to ensure you are protected from future […]
The Power of Collaboration: Benefits of Using a Full Team in a Collaborative Family Law Case
In family law cases, where emotions run high and the stakes are significant, collaborative law offers an alternative approach to dispute resolution. Collaborative family law emphasises cooperation, open communication, and problem-solving, aiming to reach mutually beneficial outcomes without resorting to traditional litigation. One key aspect that can enhance the collaborative process is utilising a full […]
The Role of a Financial Neutral in Collaborative Family Law: Enhancing Resolution and Financial Clarity
Financial Neutral in Collaborative Family Law: Enhancing Resolution and Financial Clarity Collaborative family law offers an alternative approach to resolving family disputes with a focus on cooperation, communication, and problem-solving. In many collaborative cases, incorporating a financial neutral can be invaluable. A financial neutral is a financial professional who works with the collaborative team to […]