Family Law Solicitors Brisbane
Family Lawyers And Solicitors In Brisbane – Australian Family Law In Brisbane
The most common area of Family Law is in the divorce, dissolution of marriage or the termination of a marital union, the ceasure of legal duties and responsibility of marriage between a married couple. If the divorcing couple cannot come to some sort of agreement then a contested divorce needs to be heard by a judge in a court of law but these expensive adversarial situations are not the norm as most divorces are processed without the need for court action.
These less adversarial approaches to divorce settlements are very successful, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. It is in both parties interest that these settlements are carried out speedily and with minimum expenditure. But of course sometimes a contested divorce situation occurs and legal representation is required for judgment.
Family Law is primarily dealt with in the Family Law Act 1975 concerning such areas as:
- Domestic partnerships, de facto relationships
- Property settlements
- Division of debt
- Child custody and visitation rights
- Child Support
- Spousal maintenance agreements
- Paternity testing and fraud
The above list is by no means exhaustive.
Some Interesting Statistics
Studies suggest that every third marriage ends up in divorce although the figures are dropping since 2001 at 2.7 percent to 2.3 percent in 2007.
Main causes of divorce (figures 2004):
- Adultery – whereby husbands engaged in extramarital affairs 75% of the time and wives 25%.
- Domestic violence.
- Midlife psychological issues.
- Addictive behaviours.
- Work issues – 70% husbands and 25% wives.
Statistics show that 93% of divorce cases were initiated by wives. The first five years tend to have stronger relationships and divorce rates are lower, from there the divorce rates escalated whereby 40% of divorces were in the five to ten year period, and 53% in the ten to fifteen year period. If the marriage lasts up to twenty years it is unlikely to end in a divorce.
Divorce can and always is a very stressful situation that affects finances, living arrangements, household jobs, schedules and much more. If the family includes children they are normally negatively affected by the situation even after a family life that was exposed to many months or even years of stressful fighting and violence. Parent child relationships suffer during the post divorce time frame but stabilization occurs somewhere around two years post divorce and parenting skills and parent child relationships return to a more healthy equilibrium.
The parents may reach their own private agreement or the Australian government Child Support Scheme can be used to administer the required monetary support to the primary carer of the children. Family Law Act. Special considerations for children’s interests have a framework which is applicable to arrangements that work toward ensuring the child or children are not at risk.
Some Important Criteria For The Selection In Family Lawyers Brisbane
Family Law Experience
You would probably agree that Australian law is complex and there are numerous fields that pertain to each area. It would therefore be prudent to seek a lawyer that is experienced in Queensland Family Law and even someone that has a focus in handling cases within Family Law such as divorce. Such a lawyer for example would have knowledge in the jurisdiction (Brisbane) and the tendencies of judges that frequent this particular area. A successful conclusion is therefore enhanced by having representation skilled in your area of need and jurisdiction.
Look for testimonials by past clients of your chosen lawyer. Some lawyers are more successful than others and past clients can supply valuable insights as to whether you will be a good fit. Although client confidentiality is important you could ask the lawyer you are considering for a list of clients who have given permission for them to be contacted to vouch for their abilities.
It is a common complaint from clients that their lawyer can be difficult contact. It would be one of the questions you would ask from any testimonial clients you may be supplied with. As your lawyer you should expect a certain level of response from phone calls and emails. During any time you are needing representation in a legal arena you do not need the frustration of constantly following up on previously left messages and emails.
One of the more important aspects of hiring a lawyer is the charges you will incur. After your initial appointment you should be very clear as what you are going to be charged for, not just their hourly rates but any other fees that fall outside the hourly structure.
Be candid about your expectations and open about your financial situation. Sometimes a retainer is required before any works will be carried out and this is to be kept topped up to a certain level as the case progresses. Any quote you receive will most likely have an escape clause for the lawyer to ask for more funds when needed. Always insist that a detailed invoice is supplied, the invoice is very important to you it is your only record of time and expenses that your lawyer intends to charge you for, it needs to be concise and detailed.
The human element is one that sometimes is overlooked. You need to feel comfortable and confident with your choice of lawyer. Ask yourself that question if you can confidently say you are comfortable with them then you seem to be on the right track but if you are doubtful and unsure it would be wise to check out some more family law solicitors in Brisbane until you do feel confident they are right for you.