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  • Family Law - Alternative Dispute Resolution

Family Law - Alternative Dispute Resolution

Date: January 13, 2012

Authors: Angelita Manlangit LL.B.

Alternative Dispute Resolution

We all know that the court process can be costly and time consuming. It also can, more often than not, damage and irreparably fracture a relationship. This is the reason why people tend to seek other alternatives to resolve their issues without going through the court's intervention.

As the name connotes, alternative dispute resolution is an alternative to the court process. It aims to assist parties to resolve their dispute without the need to go to a hearing. Alternative Dispute Resolution (ADR) process can assist parties to achieve better resolutions, maintain a harmonious relationship (this is significantly important in a parent-child relationship), and diminish the delay and legal expenses.

Advantages of Alternative Dispute Resolution

  • Opportunity to settle the parties' dispute without going to court;
  • Decisions are made by the parties;
  • Less formal;
  • Less stressful;
  • Negotiation is done privately;
  • Less expensive;
  • An opportunity for parties to express one’s point of view and for both parties to come to a mutual agreement;
  • The relationship tends to work better because the communication is open.
Types of Alternative Dispute Resolution Services

The Family Court offers an array of ADR including counselling, mediation and conciliation. The purpose of ADR is to assist parties to resolve their disputes before going to court. Many matters can be resolved through adept negotiation and does not require the intervention of the Court.

Counselling

It refers to a wide range of processes designed to assist parties to solve personal and interpersonal issues and problems. In fact, it is a requirement for parties to attend family dispute resolution and make a genuine attempt to resolve their disputes prior to commencing court proceedings in respect of a parenting matter.

Mediation

Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner, pin-point and analyse the disputed issues, foster options, formulate alternatives and aim to obtain an agreement.

The mediator, who aids the dispute resolution, has no absolute role in regard to the outcome of its resolution, but may give advice or select the process of mediation in which resolution is attempted. Mediation may be done voluntarily, under a court order, or subject to an existing contractual agreement.

Conciliation

Similarly to mediation, conciliation involves the intervention of a third party, namely the Conciliator. The conciliation will assist the parties to identify the issues in dispute and develop options. Unlike a mediator however, the conciliator can provide expert advice.

ADR has been increasingly used during the past years and is considered as an important part of the justice system. It is fast becoming a choice to those who would like to settle disputes privately and cost efficiently. It also brings greater satisfaction to both parties, for it allows the resolution to address deeper issues that has the possibility of being excluded in the court.

In order to obtain a better understanding of ADR, you should seek advice from our Family Law Solicitors who can assist you in determining the most appropriate form of ADR.

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Date: May 03, 2013
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De Facto Law - Property Law - New South Wales - Relationship Breakdown

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Family Law - Contesting Wills - Family Law Provision Claims - Case Note - Successful judgment of claimant of deceased lover and son

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Family Law - Conciliation Conference and Procedure

Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
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Family Law - Age of Consent

Date: January 13, 2012
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Date: January 13, 2012
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Date: January 13, 2012
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Family Law - Parental Leave

Date: January 13, 2012
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Author(s): Angelita Manlangit LL.B.
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Family Law- Children and Criminal Responsibility

Date: January 13, 2012
Author(s): Angelita Manlangit LL.B.
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Family Law - Binding Financial Agreements - Pre-Nuptial Agreements - Will a court enforce a BFA that is a bad bargain for one of the parties?

Date: January 11, 2012
Author(s): LAC Lawyers
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Family Law - Binding Financial Agreements - Spousal Maintenance Provisions - The power of courts to order spousal maintenance regardless of binding financial agreements

Date: November 29, 2011
Author(s): LAC Lawyers
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Family Law – What can I do if my partner has given away or transferred property during the relationship, separation or divorce?

Date: November 29, 2011
Author(s): LAC Lawyers
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Criminal Law - Child Abduction

Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Abduction is defined as the unauthorised removal of a minor from the custody of the child’s natural or legally appointed guardians. Australia is party to the Hague Convention, an international agency that battles the prevention and eradication of child abduction. The Hague Convention is a multilateral legal treaty signed by Australia, as well as many Asian countries, European countries and the US in which they agreed to assist one another when possible child abduction may arise.

Criminal Law - Child Abuse

Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.

Criminal Law - Fatal Child Neglect

Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.

Family Law - The Legal Obligation of Full And Frank Disclosure

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
As at 1 June 2009, the Family Law Rules provides that each party to a case has a duty to the Court and to each party to give full and frank disclosure of all information relevant to a case, in a timely manner. Such obligation is of particular significance to proceedings relating to spousal maintenance; declarations of interests in property; alterations of property interests; setting aside property orders; maintenance agreements and their termination.

Family Law - Binding Financial Agreements - some Frequently Asked Questions

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
A Binding Financial Agreement is a written contract between two individuals who are either married or in a de facto relationship. It contains a reached agreement between two parties in relation to their finances, division of assets and financial resources and other issues such as spousal maintenance and property settlement in the event of a marriage breakdown.

Family Law - Hidden Assets: How can the law protect you?

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
Obtaining a property settlement due to divorce can be a very complicated procedure which often causes great angst and stress amongst all parties involved. Our Family Law Solicitors understand that as a result, people are often led to hiding their assets, in order to ensure that their former partner does not receive a just and equitable amount. However, this is a breach of their statutory obligations to make a full and frank and disclosure and our Family Law Solicitors will ensure that all information are brought to the table by your former spouse.

Family Law - Property Financial Statements

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
In financial cases, parties are required to file a financial statement with their initiating application. A financial statement contains a detailed summary of an individual's financial condition. The parties must also file an amended financial statement later in the proceedings if their circumstances change.

Family Law - Property Settlement Proceedings

Date: November 08, 2011
Author(s): Angelita Manlangit LL.B.
The parties to the marriage are under a legal obligation, under the Family Law Rules, to try and resolve and differences between them by way of an alternative dispute resolution (ADR). ADRs may include negotiation, family counseling, conciliation or arbitration. In the event that ADR is unsuccessful, try writing to the other party, setting out your claim and perhaps making proposals for settlement.

Family Law - Divorce - Irretrievable Breakdown

Date: October 27, 2011
Author(s): Angelita Manlangit LL.B.
Divorce is something that no couples would wish for, but in reality, it happens. It can be extremely distressing and the complex procedure required by the law can further enhance the emotional burden on both parties.

Family Law - Relocation of Children

Date: October 13, 2011
Author(s): Angelita Manlangit LL.B.
LAC Family Lawyers are able to advise parents of children who wish to relocate or whose former partners wish to relocate and hence affect the location or visitation rights of the parents. Our Family Lawyers are able to provide compassionate advice in order to protect the best interests of the child and ensure that you as the parent maintain access to your children.

Asperger's Syndrome

Date: June 09, 2011
Author(s): LAC Lawyers
At LAC Lawyers we consider ourselves to be Asperger's aware and offer legal services to client's who either have Asperger's Syndrome or who have been affected by someone with Asperger's. We are sensitive to your needs and welcome any enquiry in relation to legal services for people affected by Asperger's.

Family Law - Duty Exemptions in New South Wales for Transfers Between Partners

Date: May 18, 2011
Author(s): LAC Lawyers
Couples may wish to transfer property between them to various reasons. They may be motivated by tax minimisation, risk management, family breakdown or other reasons. Many transfers attract duty and any decision as to transferring applicable assets should be made with parties being mindful of the potentially substantial duty liability that may emerge.

Family Law - Requirements of a Binding Financial Agreement (BFA)

Date: March 07, 2011
Author(s): LAC Lawyers
In 2000, the Family Law Act was amended to introduce a new type of agreement called the Binding Financial Agreement.

Family Law - The legal rights of de facto couples versus married couples

Date: December 20, 2010
Author(s): LAC Lawyers
Since June 1999 the term De Facto has been used to describe the relationship between the two adults (over the age of 18 and including couples of the same sex) who...

Family Law - What is Child Support?

Date: December 08, 2010
Author(s): LAC Lawyers
When families go through changes and parents separate as a result thereof, arrangements are made for the continued care, welfare and development of the children of the family. These arrangements normally are made for children until they reach an age of 18 years. This payment arrangement for the children is referred to as child support.

Family Law - Binding Financial Agreements, are they necessary?

Date: October 08, 2010
Author(s): LAC Lawyers
Binding Financial Agreements can be made either before, during or after marriage. These agreements take account of property settlement, payment of spousal maintenance, division of superannuation funds, etc when a marriage comes to and end. Both parties are required as a prerequisite to obtain independent legal advice prior to entering into a binding financial agreement in writing.

Family Law - International Parental Child Abduction

Date: October 08, 2010
Author(s): LAC Lawyers
Given the multicultural society in which we live, it has become more frequent that children are being removed by a parent from the country in which they reside and taken to another country in which their parent was born and may still have relatives and/or friends.

Family Law - Rights v Interests: the family law experience

Date: October 07, 2010
Author(s): LAC Lawyers
When you first see your family lawyer, there’s a jumble of information you need to provide and even more information for you to receive. You’re understandably emotional and perhaps confused about what lies ahead for you.

Family Law - The Consequences of Unplanned Pregnancy

Date: October 07, 2010
Author(s): LAC Lawyers
An unplanned pregnancy is a difficult experience, even if you’re happily in a long term relationship or are married. The choice about your next step is complicated by health, family values and dynamics, religion and practical considerations. If you’re not in a long term relationship, your decision may be even harder.

Family Law - What Is A De Facto Relationship

Date: October 06, 2010
Author(s): LAC Lawyers
In the case of Pike & Howlett [2010] FMCAfam 802, the Federal Magistrates Court of Australia was recently asked to decide what constitutes a de facto relationship under the Family Law Act 1975 (Cth) (‘the Act’)?

Family law - Separation

Date: August 09, 2010
Author(s): LAC Lawyers
Separation is very common in todays’ world. Separation is somewhat described as the end of an intention by parties to continue to live together. The intention to separate is communicated to the other and often one party moves out of the home or they start leading separate lived under the same household.

Family Law - Binding Financial Agreements Under the Family Law Act 1975 (Cth)

Date: June 15, 2010
Author(s): LAC Lawyers
If you’ve recently entered a new relationship, have been in a new relationship for a time, or are considering ending your relationship, you should consult a lawyer to learn your rights and obligations under the Family Law Act 1975 (Cth) (‘the Act’).

Family law - Spousal relationships - What's the law got to do with it?

Date: June 15, 2010
Author(s): LAC Lawyers
Whether your new spousal relationship is a married, de facto or same sex relationship; at the beginning, consideration of the law is the last thing on your mind.

Property Law - Family Law - The concept of joint land ownership when family relationships break down.

Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Joint land owners hold land either as joint tenants or as tenants in common. Joint tenancy is far more common. Through this method of ownership, the interests of one spouse or partner are deemed by law to flow automatically to the surviving spouse or partner irrespective of whether the deceased spouse or partner has left a will or other testamentary document.

Family Law - Considering Seperation? Here are your next steps

Date: March 31, 2010
Author(s): LAC Lawyers
Whether you are married or have been living in a domestic relationship, if you are considering separation you should also consider your family law obligations and entitlements before you finalise the decision to separate. At such a difficult and crucial stage in your life, it will be important for your transition to a new life to be as calm and smooth as possible.

Family Law - The Competing Issues of Bankruptcy and Family Law

Date: January 13, 2010
Author(s): LAC Lawyers
Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.

Family Law - De Facto Spousal Maintenance

Date: August 17, 2009
Author(s): LAC Lawyers
A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.

Family Law - Assets - disputes

Date: August 04, 2009
Author(s): LAC Lawyers
Australasian family law cases concerning a party’s initial contributions, or separate property, brought into the relationship appear far from clear when settlement is litigated in court.

Family Law - Marriage Separation or the break down of a long term de facto relationship is always difficult. At LAC Lawyers we can guide you through the legal process

Date: May 19, 2009
Author(s): LAC Lawyers
Separation is a major step for everyone. It's a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances. It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!

Family Law - Children - Recovery Orders

Date: May 19, 2009
Author(s): LAC Lawyers
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children. It is a good idea once you have made the decision to separate to get legal advice. Unfortunately children often become embroiled in a tug-o-war situation when their parents are living separately, but both parents need to remember that they need to put the child’s best interests before any other concerns.

Family & De Facto Law - Changes in De Facto Law and its effects on Property

Date: March 07, 2009
Author(s): LAC Lawyers
In legal terms, a de facto relationship is essentially a relationship between two individuals who are not married and who live together as a couple on a ‘genuine domestic basis’.

Family Law - The importance of a instructing a lawyer when applying for divorce

Date: February 04, 2009
Author(s): LAC Lawyers
Many people believe that they can undertake a Divorce on their own without legal assistance. However cost effective this may seem most Divorce cases are complicated involving children, property and other financial matters. At LAC Lawyers we will provide you with a quality and efficient service designed to ensure your Divorce and other related matters become final in the eyes of the Court.

Family Law - Pre-Nuptial or Co-habitation Agreements

Date: January 22, 2009
Author(s): LAC Lawyers
We are increasingly being asked to prepare financial agreements for couples who are about to “take the plunge” or “walk down the aisle”. However, financial agreements are also available for couples who are living together whether or not they are married, and for couples who have separated.

Family Law - Child Relocation, Child Custody, Parenting Plans

Date: January 16, 2009
Author(s): LAC Lawyers
Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.

De Facto Relationships, A New South Wales and Victorian Perspective

Date: December 31, 2008
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Originally de facto relationships in NSW were governed by the De Facto Relationships Act which was replaced in June 1999. The term “de facto relationship” has been significantly widened to cover all relationships between two adults over the age of 18 years who live together, are not married and who are not related to each other. This definition now covers gay couples providing them with a level of protection which had not existed previously.

Family Law - Spousal Maintenance

Date: September 18, 2008
Author(s): LAC Lawyers

Family Law - Are you Eligible to Obtain a Divorce and What is Involved in Obtaing One

Date: February 24, 2008
Author(s): LAC Lawyers

Family Law - Where to Apply for a Divorce and the Costs Associated With Divoirce Proceedings

Date: February 24, 2008
Author(s): LAC Lawyers
Marriage breakdowns is a very sad, yet regular incident in our Australian Society. Some surveys have indicated that over 40% of families in Australia undergo divorce each year. During such a stressful time of marriage breakdowns, many parties do not have any background knowledge about the procedures for obtaining a Divorce and what is involved, and when their marriage does irretrievably breakdown, they often feel lost and alone and do not know where to seek help from.

What to expect when you call LAC Lawyers

Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.

Family Law - The Divorce Process

Date: September 14, 2006
Author(s): LAC Lawyers
Applications for divorce are processed by Registrars of the Federal Magistrates Court, who sit in the federal court buildings at Sydney and Parramatta . The court process is quick and easy for most people, and if there are no children under the age of 18 attendance at court is unnecessary for either party.

The Benefits of Hiring A Lawyer

Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.

Family Law - Who gets the kids?

Date: August 14, 2006
Author(s): LAC Lawyers
The vast majority of separating couples who have children under 18 are generally able to work out their own arrangements in relation to the amount of time their children will spend with each parent.

Why stay with your lawyer

Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.

Family Law - Responsible parents: the legal approach to raising children

Date: September 21, 2005
Author(s): LAC Lawyers
Being a parent can be a wonderfully rewarding experience. However, often parents will face difficult circumstances such as divorce or separation that may detract from attending to the full responsibilities and duties towards a child according to law. At LAC lawyers, we can provide a clear guide as to your full rights and responsibilities as a parent under the family law system.

The Role of the Family Lawyer: Putting the “Proper” back into Property settlements

Date: September 20, 2005
Author(s): LAC Lawyers
Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.

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