Mediations Australia

What is a Family Report? The court may direct a family consultant to submit a family report on subjects the court deems relevant under Section 62G(2) of the Family Law Act (1975) . But what exactly does this imply? A Family Report is a document written by a court-appointed psychologist or social worker (typically one of these two professions) for the purpose of advising the court on the best course of action for children involved in a case. Why should you utilise a Family Report? Experts are consulted by judges. They rely on forensic scientific evidence, eyewitness reports, and other evidence in criminal cases. There is frequently no concrete evidence in family matters. School records, psychologist reports, and domestic and family violence orders are examples of supporting documentation, although they are not proof by themselves. But, more often than not, one parent’s account of events is pitted against another’s. A family report is intended to provide an expert opinion on the pe...

What Happens if Your Spouse Won’t Sign the Papers? Divorce is a relatively simple procedure in Australia. However, there are situations when one partner refuses to sign the divorce documents. If you’re planning to start the divorce process but are worried that your ex-partner will object, you should speak with a divorce lawyer. At Mediations Australia, our family lawyers can help you understand the legalities surrounding divorce. Making an Application for Divorce According to the Family Law Act of 1975, a divorce is granted “on the ground that the marriage has irreparably broken down.” To prove irreversible breakdown, the following evidence is required: The court is satisfied that the parties are divorced and have lived apart for at least 12 months; and The parties’ inability to reconcile. A divorce application can be filed by any party. A divorce lawyer can assist you in preparing this documentation. If you submitted an application on your own, you must serve it on your spou...

What is Child Custody Mediation Many people have questions about the mediation process. It is a compulsory step when there are parenting matters in dispute, hence the question, what is child custody mediation? Separation and divorce are difficult for everyone involved: you, your ex-partner, your children, and your extended family. When emotions are high and the future is uncertain, there can be a lot of disagreement in the decision-making process, which can lead to one or both partners being unwilling to compromise or reach a conclusion that is in the best interests of the children. In this context, mediation is by far the best means of resolving parenting issues, because it can happen quickly, is inexpensive and allows you and your children to get off the emotional merry-go-round and get on with your life. The Family Law Act 1975 (Cth) in Australia recommends that couples avoid using the courts wherever feasible and instead engage in mediation before going to court. Even if a paren...

With the heightened emotions (and sometimes anger) that accompany the end of a marriage or de facto partnership, many people believe that hiring a lawyer to put on the proverbial boxing gloves and to fight for them is the only way to go proceed through the maze of family law. Nothing could be further from the truth. The objective of resolving a family law dispute is to get in and out as quickly as you can with an outcome that you can live with. That said, there are of course circumstances where this isn’t going to happen and you’re in for a long and expensive road ahead. So, if you’re in the former situation, what’s best a divorce lawyer or mediator? Mediation or Litigation It is important to note that having assertive and smart legal representation can aid parties in limiting the points in dispute and empowering clients to feel comfortable settling matters, resulting in a good outcome. It may be the case that all you initially need is some legal advice. So, what’s the best optio...

Trial Separation A trial separation is not the same as a real separation or divorce, but it can be just as unpleasant and frightening for the spouse who does not want to separate. Living apart but preserving your marriage status allows you and your partner to honestly assess your concerns and issues without completely pulling the plug. Furthermore, it will enable you to comprehend the financial and emotional consequences of divorce while also allowing you to reverse your decision if it does not work out. Though some trial separations end in divorce and can be extremely stressful for both parties, if you take the time to define and plan your separation, it may be precisely what your relationship requires. Here are some suggestions on how to prepare a trial separation to avoid too much emotional pain and relieve the concern of a non-initiating spouse. Trial Separation Benefits Draw Breathe It goes without saying that there can be significant advantages of a Trial Separation.  In...

The Family Court Process A court application can be brought in the Federal Circuit and Family Court of Australia if the parties cannot reach an amicable agreement through a parenting plan, consent orders, and/or a financial agreement. A variety of rules control the family court process. When the parties have exhausted all efforts, through their respective legal representation, to achieve an agreement on the matter, which can subsequently be formalised by consent orders, court procedures should always be seen as a last resort. If you and your former partner cannot agree on issues relating to property and parenting, we strongly recommend that you consider mediation as an alternative to litigation. The Family Court System If legal action is taken in the Federal Circuit & Family Court of Australia, the following is a synopsis of what will happen and how the court procedure will work (as opposed to an out-of-court settlement). On September 1, 2021, the Federal Circuit and the Famil...

Important Things to Consider Before Separation Separation, in the worst-case scenario, involves a person leaving the marital or de facto home in haste and not returning. Conversely, the best-case scenario is when someone leaves after exploring all the options, both in regard to reconciling the relationship and of course, in the event that it’s unlikely, separating with things in place. In this article, we identify a number of things that you should be considering prior to separation. The first stage is to determine whether your relationship has irreversibly broken down or whether the issues may be resolved. Remember that once you’ve started the separation process, there’s often no going back. If you’re on the fence regarding separation and divorce, we strongly advise you to seek marriage, family, or individual counselling. A counsellor can assist you in determining whether divorce or separation is the best solution to your problems or whether they can be resolved through counselli...