For Better or For Worse
Two things are abundantly clear in Family Law proceedings:-
- Getting a grasp on the principles is like trying to get a grasp on a bowl of jelly;
- You’ll never fully comprehend what a minefield this area of the law really is.
Talk about going where even angels fear to tread! Sorry, there are two more things that are sure certainties:-
- There will be a considerable increase in the stress or distress you are already experiencing;
- The experience is going to cost you heaps.
This Sandgate Family Lawyer has been practising Family Law for over 49 years – since when it was called Matrimonial Causes, when adultery “raids” by Private Investigators were common and before other Sandgate Family Lawyers were even born. I’ve done all the usual cases numerous times – Divorce, Property Settlement Trials, Injunctions (i.e. Restraining Orders), Parenting Trials, Recoveries, Relocations, Contraventions and Contempt, Consent Orders and Binding Agreements.
At first, Property Settlement actions could be adjourned until payment of Superannuation to achieve fairness but now Superannuation Entitlements can be split because its value is deemed “property” along with everything else.
Maintenance – that too! I practiced spousal and child maintenance law under the former Maintenance Act 1949 (Qld), and now under the Family Law Act 1975. Child Maintenance is now called Child Support under the Child Support (Assessment) Act 1989 for children under 18 years of age, but still exists under the Family Law Act 1975 for “adult” children, i.e. at least 18 years old. Under Family Law, Property proceedings are not linked to Divorce as in the “old days”, and lump sum spousal maintenance as an additional percentage of the property split is now preferred to weekly maintenance.
I have been there for the numerous evolutionary changes to the law: the simplification procedures, the Case Management, the Mediation.
What all of this means in the practice of Family Law today is not only just a knowledge of the law but an understanding of it: an ability to identify the core issues and the likelihood of your ability to prove relevant facts rather than just peripheral unimportant matters (the ones more likely to be gnawing at you); an ability to assess your prospects of success; an ability to discuss the result and the money you will spend trying to achieve it; an ability to recommend a compromise which would minimise stress and expenditure.
The other thing I know about matrimonial disputes is that it takes two to tango. Be prepared for the possibility that no matter how compromising you may be, how much you may bend, how much you may give, sometimes there is no avoiding the long hard haul. Remember those words “for better or for worse ”.
Perhaps I can help you with the legalities should you be one of the 50% who are confronted with Family Law?
Consult this legal firm with nearly half a century of knowledge and experience first and get it right!
Need help with the law?
If you need a Lawyer for a matrimonial dispute of any sort or have an enquiry about any legal matter, contact G. R. Brown Solicitor and Notary Public between 8.30am and 5.00pm Monday to Friday by visiting the office at Suite 5, Sandgate Arcade, cnr Brighton Road and Second Avenue, Sandgate, Qld 4017 or by telephoning on 07 3269 8511 or emailing email@example.com .