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Having your day in court

3 Non-Litigation Strategies for Resolving Family Law Matters

by Beverley Lopez

As the most basic unit upon which society is built, the institution of the family is the fabric of society. The desire of society to protect its fabric is what has led to the existence of family law in Australia and almost every part of the world. 

Family law is a branch of the law that deals with all sorts of family and marital matters, ranging from divorce, separation and annulment to child custody, child visitation rights and child support to spousal maintenance, distribution of marital property and many more.

One of the things that make this branch of the law unique and interesting is the fact that legally divorced or separated couples can elect to resolve pending matters without going to court. This can help them avoid lengthy court processes, which can be pretty expensive and may end up not delivering the desired outcomes. 

Here are the main non-litigation strategies to pursue if you have a family law issue.

Informal Agreements

In situations where the divorce or separation is amicable, parties can come to their own arrangements as to how they want to handle their family matters. It's important to note that such arrangements are considered as a gentleman's agreement and are, therefore, not enforceable by the court. It may make more sense to have consent orders made.

Consent Orders

Even if the odds of a split couple turning against each other in the future is slim, it's always prudent to get any arrangements they may have made approved by the court. A consent order is a formal agreement written by an attorney and approved by the court when the two parties have reached a consensus on parenting and financial matters. It has the same effect as a court order.

Family Dispute Resolution (FDR)

FDR is a mediation process that is presided over by specially accredited practitioners. It is designed to help separating families to reach amicable agreements with the assistance and guidance of an unbiased professional.

Under Australia's family law system, separated parents are encouraged to attempt FDR before they can seek the court's intervention in parenting matters.

Despite the obvious advantages of not going to court, there are situations when litigation is your only option. If you have a family law problem and don't know whether to litigate or avoid litigation, talk to a family lawyer in your specific state or area to figure out the best settlement option for your situation.

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