Court & Mediation in Family Law

Most couples who are separating or divorcing will take part in a form of mediation, either together as a couple or in a formal setting with a mediator, or as negotiations between their family lawyers. The majority of family law matters (over 90%) resolve without needing to go to court. There are several options available to help you to resolve your matter without needing a judge to make a decision for you.

Reaching your own agreement with your former partner or negotiating an agreement with the help of a family lawyer is preferred to an outcome imposed by a court.

It is important when going through this sensitive and emotional time that you have the right legal advice from a professional family lawyer. The more experienced and prepared your divorce mediation lawyer is, the better the outcome will be for you in your divorce or separation.

Our family court lawyers can assist with mediation or court proceedings for a range of family law matters, including:

• Intervention orders and family violence
• Custody arrangements
• Property settlement
• Spousal maintenance
• Child support
• Divorce applications
• Court orders – applications & breaches

Mediation in Family Matters

Reaching agreement can be difficult, and even harder if you are not sure of what you are entitled to or what you should be looking out for. Obtaining legal advice about your situation can help you negotiate in mediation, as it helps you to establish a framework of how to proceed.

Mediation in family law is an opportunity to try to come to an agreement. It is a way of resolving your dispute before costs get larger and emotions run higher.

Attending Mediation

Mediation can be court ordered or attended prior to going to court. The point of divorce mediation in Melbourne is to try to come to an agreement with your former partner. To get the most out of mediation, it is important to be prepared and have a clear outline of what you desire. The outcome may be different, but you should have a clear plan and goal posts outlined.

Mediation is usually a process attended by you and your family lawyer and barrister. Your former partner will most likely have the same level of representation. A mediator that has usually been pre-agreed between you will be there to hear from both sides and help facilitate an agreement between you.

It is easy to think you are getting a good deal and then later reflect and see that you have missed or overlooked a crucial element that may cost you dearly financially or restrict the time you have with your children.

Court

Preparing for Court

Before you reach the Family Court, you will need a well prepared and organised case. This will involve the production of many documents such as:

• Affidavits
• Notice of Risk
• Application
• Financial Statement
• Financial records

Both parties will need to prepare their own documents. This is seen as the story for the judge and is your chance to say what is relevant.

This part of the process also relies on seeking expert opinions, and often times a barrister will be engaged as part of your legal team.

Careful preparation and professional presentation of your case will ensure that you have the best chance possible of a successful outcome. This is the same for child custody issues for mothers, fathers, grandparents or other family members or significant others. It’s also the case for property related matters or intervention orders.

Going to Court

You will have both your family lawyer and barrister with you at court. We take great care to ensure that you have the best possible legal representation on your day in court. We also make sure that you are as comfortable as possible with the process and fully understand what is involved at every stage.

Settling Complex Family Law matters

Family law matters can be complex for a host of reasons, which means they can take much longer to reach a resolution.

For those in business or with more complex assets structures, more expert help may be required to reach a property settlement. With contested custody cases, it may be that the last decision is the court’s.

Whatever the situation, our mediation family law lawyers work hard to ensure that these cases are carefully considered and organised. Being thorough is an important component of a successful strategy, helping to obtain a satisfactory outcome and settle our clients’ matters faster.

Our family law firm also has extensive commercial and property experience as part of our knowledge base, which can be helpful where there are complex property pools and family businesses involved.

How We Can Help

Getting the right advice is key to getting the best outcome and making the process smoother for you. Our family lawyers are skilled in all aspects of negotiation and divorce mediation in Melbourne and will work with you to devise a strategy to suit you. Our legal team are experienced in family law and take care to ensure you have the best legal representation possible.

Our firm is based in the Melbourne CBD, but we can conduct meetings at any of our suburban offices. Call us today to speak to a family lawyer and get advice that is right for your circumstances.