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 make sure that all parties are well advised as to their position, consider the process will be productive under their given circumstances, and whether or not they should alternatively 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 is 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 then fails, the further aim is to reduce cases currently backlogged through 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 a tendency to lose sight of finding a middle ground, enabling 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 bring with it considered decisions, and the job of your legal representative is to provide you with clear pathways and choices to get 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 in a considered way, and keep your focus on your future and when you want to get on with it.
We would be pleased to provide advice that is sound, practical and balanced.