In relationship disputes, it is often a better (and more cost effective) approach for parties to consider alternative forms of dispute resolution including private mediation and arbitration.

Mediation

Mediation is a dispute resolution process where parties are assisted by an independent third party to help them reach agreement.

Mediation can take place before, or at any stage after, court proceedings are commenced. Parties may agree to attend mediation to resolve part or all of their financial and/or parenting issues.

Family Dispute Resolution (FDR) is a specific type of mediation which must, with limited exceptions, be undertaken prior to the commencement of court proceedings in parenting matters.

If no agreement is reached the matter may have to be resolved by the Court.

Arbitration

Arbitration is a process (other than a judicial process) in which parties to a financial dispute present arguments and evidence to an independent arbitrator, who makes a determination to resolve the dispute. This determination is legally binding.

It is often calmer and more cost effective to seek the resolution of your matter through alternative dispute resolution, such as mediation or arbitration, than to embark upon court proceedings.

Stephanie Doyle is an AIFLAM qualified mediator and arbitrator. She has the knowledge and expertise to guide you through the alternative family law dispute processes.

Throughout relationships, assets accumulate, including superannuation. Under the Family Law Act 1975 (Cth), superannuation is treated as property, and married and defacto couples may divide superannuation between them by agreement or Court Order.

If you and your partner decide to divide superannuation between you as part of an overall property settlement, it is important to remember that your superannuation will not convert into a cash asset. Superannuation held or received by either party remains subject to superannuation law.

In a separation, superannuation and non-superannuation assets do not need to be divided in the same percentages. Whether superannuation will be divided between you and your former partner, and on what percentage, will depend upon the unique circumstances of your relationship.

In summary, the division of property and superannuation assets is often a complex and challenging area of law. Stephanie Doyle will be able to advise you on the most appropriate way of dividing yours and your former partner’s superannuation entitlements.

When a couple separates, considering parenting arrangements can often be fraught with antagonistic and emotive discussions.

In considering what Orders are appropriate to make for parenting arrangements, the Family Law Act 1975 (Cth) (Act) directs that the Federal Circuit and Family Court of Australia must consider the best interest of the child as the paramount consideration.

The Court determines what is in a child’ s best interest by reference to primary and additional considerations detailed in section 60CC of the Act. These considerations are not hierarchical and each consideration will stand on its own merits.

Once you have reached agreement as to parenting arrangements, you may consider entering into parenting Orders or a parenting plan.

A parenting plan is a written record of an agreement between a child’s parents about the care of the children that is also signed and dated. However, it is not a legally enforceable agreement. There is no required format for a parenting plan.

A parenting Order is a formal document which is filed with, or made by, the Federal Circuit and Family Court of Australia. It can be made by consent between parties, or it can be made by the Court.

If the parenting Order provides that you and your former partner have equal shared parental responsibility, any decision about a major long-term issue in relation to a child must be made jointly with one another. This requires each person to consult with the other person and make a genuine effort to reach a joint decision

Reaching agreement as to children’s arrangement can be difficult. You and your partner must ensure that the best interests of your children at the forefront of all parenting discussions. Stephanie Doyle is an Accredited Family Law Specialist and can guide you in all aspect of parenting matters.

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