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Where circumstances allow, we advise clients on options available to avoid going to Court as it can be a costly, stressful, and a time consuming exercise. However, depending on the complexity of your matter and your particular circumstances, sometimes going to Court is the only way to achieve your desired outcome.
Our Family Lawyers are highly skilled in the area of family law litigation, and will work closely with specialist family law barristers to assist in complex Court matters aiming for your desired outcome.
Litigation refers to the use of Court proceedings to resolve a dispute. All family law disputes are determined by the Federal Circuit and Family Court of Australia. Matters typically heard before the Court include disputes about parenting arrangements, property settlement, spouse maintenance, and child support.
If the matter can be negotiated and dealt with outside of Court, then we will typically recommend this approach. However, if negotiations are not in your best interest, or where you have reached an impasse with the other party, and it is not in beneficial to continue, then we may advise you to proceed with litigation.
There are many advantages to family law litigation. If you find yourself in a position where you need to resolve a matter urgently, then litigation may be the most helpful. Litigation ensures that parties will disclose information, make offers, and negotiate in good faith. If one party fails to disclose certain financial information, then there are options available to obtain this information so that you can make an informed decision about how you wish to proceed with your matter. However, there are certain disadvantages commonly associated with litigation which are sometimes unavoidable, such as delays, being time consuming, and costs.
Our Family Lawyers can advise you on the various options and processes available and provide a personalised strategy for you following an initial complimentary consultation to understand your specific circumstances and objectives.
It depends on the complexity of your matter, as no two matters are the same. After an initial complimentary consultation with one of our Family Lawyers, we will provide you with our estimated costs before any works are undertaken. We will provide you regular updates and will refine our estimated costs as appropriate so that there are no surprises.