Family Law Sees Biggest Change In A Generation
Family Law Changes: The Courts are Re-Vamping and making the Biggest Changes seen in a Generation – how will this Immediately Affect You and your Family Court Proceedings?
As of the 1st of September 2021, the Family Court and the Federal Circuit Court are to merge. This will be a massive change in the jurisdiction, and with it will come new rules for everyone.
The Court has now instigated a new website, and with it a four-minute video under the heading of “Separating Smarter”, and all those taking proceedings in the Family Court will be required to view this video and assess whether or not taking those proceedings will provide the best outcome for themselves and/or any children of the relationship.
The purpose of the video is to ensure that all parties are well advised of their positions, consider whether the process will be productive under their circumstances, and whether they should instead seek a quicker settlement process.
Statistically, 1 in 3 marriages fail, and it is reported that 47,000 separating couples go into the Family Law system every year. The new structure and rules surrounding the revamped Family Law Court are striving to provide a more efficient system overall, while also:
- emphasising clarity as to the pitfalls of proceeding,
- avert unrealistic ambitions, and
- provoke thought as to whether or not it is the best course of action to take.
To enhance the efficient running of the Court going forward, an additional 42 registrars have been hired, and after a first appearance before a registrar, the aim will be for parties to go to mediation within five months. If this process fails, the further aim is to reduce the number of cases currently backlogged in the Court from 40 to 10 per cent.
A very worthy ambition, and a quantum leap for all concerned should it be achieved.
Family Law issues are always fraught with heightened emotions and often lead to a tendency to lose sight of finding a middle ground, which enables the parties to get on with their lives. Your Family Law advisor needs to play the role of both advocate and experienced negotiator to help you make the best decision for your unique circumstances.
Every situation will require considered decisions, and the job of your legal representative is to provide you with clear pathways and choices to achieve the best overall resolution of any dispute.
Clearly, the new-look Family Court is striving for this approach.
Very few get everything they anticipated or felt was their due in legal proceedings. Get sound advice, listen to it carefully, and keep your focus on your future and on when you want to get on with it.
We would be pleased to provide sound, practical, and balanced advice.
