Litigation in Family Law is considered the last resort for those needing to divide property and make arrangements for parenting. However, families are complex and separation often increases the conflict between parties already stained relationships. In these cases, litigating your matter can be the most efficient way of finalising arrangement both financially and on a time scale basis. At Salerno Law our Family Lawyers are experienced in making applications to the court and advocating for our clients in both property, spousal maintenance, and parenting matters. We brief Counsel as required and provide our clients with efficient use of our expertise to finalise the matter.
For parenting matters, the court requires that parties attempt to resolve the issues by agreement in mediation with an accredited Family Dispute Resolution Practitioner. If this is not successful, the FDRP will provide a certificate so that the matter can be filed in the court. Even when the matter is filed is it most likely that at some point the parties will make agreements with the help of their lawyers and those agreements are filed as orders of the court.
For property matters, again the goal is to have the parties come to agreements and this is often achieved by the lawyers negotiating and or the parties sitting down together in mediation and making agreements.
The mediation process can be used jointly for both property and parenting. However, there are many circumstances beyond one parties control or even both whereby there will be few agreements made and the assistance of the court is required.
How long will it take to have my matter finalised in Court?
Your matter may take up to two years to be resolved through the court and some matters even longer. Litigation can be costly and stressful and often parties are left feeling that there was one winner and one loser. This is because parties who require the intervention of the court often have polarised views and intractable conflict.
At Salerno Law our Family Lawyers encourage our clients to consider the cost vs outcome balance of the matter as it progresses, and we will provide you with real feedback as well as legal advice. We support you throughout the litigation process with precise drafting of your applications and court representation. Our Family Lawyers continue to look for and encourage avenues to resolve your matter throughout the litigation process allowing parties to regain control of their property division and parenting decisions.
What if I don’t want to go to court?
We understand that it is stressful and even frightening for our clients to have to go to court. If one party has made an application, you should make a response to that application and attend any scheduled court dates on time. If you do not respond or attend, orders may be made by the court that are binding upon you, without the court hearing your side of the situation.
Although going to court may feel intimidating, it can often leave client’s feeling heard and empowered. The court considers evidence rather than just claims and tests that evidence to come to a decision. Often it is the first time clients have been assisted with effective remedies to protect them or their children from the harmful behaviour of the other parent. Sometimes, one parent has been sidelined or had their time with children restricted maybe even for years. In these cases, court orders setting out time with children may be first time a parent feels needed and important in their child’s life.
At Salerno Law we understand that our clients need more than legal assistance when facing their court matter. Our Family Lawyers provide you with the legal support required and seek the best Counsel for your matter as required. We can also assist with practical advice and referrals to assist you before, during and after your trial.