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Legal Forums » Legal » Family Law and Relationships
Started Dec 07 2012, 04:35
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Dec 07 2012, 04:35
The vast majority of separating couples are able to reach agreement in relation to the arrangements for their children, and financial issues. Even in cases where one party has found it necessary to commence proceedings in Court, approximately 94% of cases are finalised by an agreement being reached.
There are many services available to assist parties in reaching an agrement. Click here for a list of some of these services.
From 1 July 2006, Family Relationship Centres opened in various loatins around Australia to provide families with information about relationships and separation. Click here for a list of Family Relationship Centres. These Centres provide up to 3 hours of free mediation and thereafter they charge a fee.
Before commencing court proceedings (other than in certain circumstances, such as urgency) parties are required to make a genuine effort to resolve matters by agreement. The Family Court has endorsed "pre-action procedures", setting out the steps which parties are expected to take to try and resolve matters by agreement, and without commencing court proceedings. A copy of the pre-action procedures is available on the Family Court website.
As Family Relationship Centres are phased in around Australia, the steps which parties must take to try and resolve matters regarding children by agreement before commencing court proceedings will alter.
Until 30 June 2007, parties will need to at least comply with the "pre-action procedures."
From 1 July 2007, most people will need to have a certificate from a family dispute resolution practitioner as to whether a genuine effort has been made to resolve the parenting matter, before they will be able to start court proceedings about their children.
Even when Court proceedings have commenced, the Judges and Federal Magistrates place a heavy emphasis on the need for parties to make a genuine effort to reach agreement. Various steps in the court process are designed to give parties an opportunity to reach agreement with the assistance of the parties' lawyers and input from a Mediator or Registrar.
Outside the court process, the parties can seek assistance from legally trained mediators and arbitrators, to economically achieve a private resolution of their matter. The Australian Institute of Family Law Arbitrators and Mediators maintains a list of qualified family law arbitrators. Click here to find an arbitrator.
Lawyers play an important role in assisting parties to reach agreement, both by providing the necessary advice so that parties can make informed decisions, and by assisting in negotiations.
ID#12637695
Samuel R
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