When you separate, the first sensible step to take, if possible, is to negotiate with your former partner. When feelings are flying high, it’s wise to have a calm, experienced, practical advocate on your team to advise you. If you cannot -or you choose not to- negotiate on your own behalf, we can negotiate for you.

In most family law matters, negotiations happen through letters between the parties and/ or their legal representatives and they can also be done in person. Negotiation can avoid expensive and time-consuming litigation

If you are feeling overwhelmed and you want to know your rights,  it’s time to visit our relaxed office at the Noosa Marina, Tewantin, Sunshine Coast. You’ll see a friendly face, find a wise ear and experience a steady step-by-step approach to resolving your separation, divorce and your parenting and financial settlements. While we prepare thoroughly, as if your matter would end up in Court, our negotiation skills will serve you to settle as quickly and painlessly as possible, if possible, in your circumstances.

Our family lawyers are motivated by a positive, pragmatic approach to separation and divorce to enable you to move forward as fast and smoothly as possible. We appreciate how painful and stressful separation can be, and help you to determine your best options for your unique circumstances, negotiating for you according to your needs and knowing the optimum outcomes for you at law.

Under Australian family law, separated parents must attempt mediation, before filing in court for parenting orders. If you are separated and you have children, Section 601(1) of the Family Law Act 1975 (Cth) compels you to make a genuine effort to resolve your family dispute by Family Dispute Resolution before applying to the Federal Circuit and Family Court for an order.

You must participate in arbitration, conciliation, counselling, mediation or negotiations and comply with your duty to disclose relevant facts, reports and concerns.

There are some exemptions, which include: urgent issues; circumstances involving family violence or child abuse; if you are responding to a court application; if you are seeking Consent Orders; where a person cannot effectively participate or if a person has breached and demonstrated disregard for a court order made in the previous year.

Mediation has specific connotations at law. There are several ways for you to come to your own arrangements to care for your children including:

• informal general mediation
• discussion with your former partner
• engaging a friend or family member to help
• participating in a special family mediation process referred to in the Family Law Act 1975 (Cth) known as Family Dispute Resolution (FDR).

If you are separating from your former partner, then it is never early enough to find out what you may or may not need to do about attending mediation.

Your circumstances will dictate certain mediation musts, whether you cannot safely attend mediation at all, and a host of options in between. To find out more about your mediation obligations and what to do about them, Call our family lawyers Nadine Love or Dr John Cronin on 07 5455 6347 or email admin@anumis.com.au for your complimentary chat and we will be happy to assist you.

Outside of the Court system, Family Dispute Resolution (FDR) provides parents with a low cost, practical approach to nut out future parenting arrangements, with professional assistance. An accredited, neutral Family Dispute Resolution practitioner is engaged to facilitate the process. During FDR, parents are encouraged to focus on the best interests and needs of their children, issues in dispute are discussed and options are considered.

Family Dispute Resolution is offered as part of the Federal Circuit and Family Court pathway to assist families who are separating to come to their unique parenting arrangements. The main focus of Family Dispute Resolution is to help parents to come up with a parenting agreement that lays out all of the future parenting arrangements in order to bring certainty and clarity to the care arrangements for your child or children.

Parenting Arrangements can be highly emotional and our family lawyers have extensive experience in assisting you to come up with options specifically suited to your circumstances. We will advise, assist and at all times respect that while we know the law, you know your family best. We will work together with you to find solutions in the best interests of your child or children and we will advocate tirelessly for you, if need be.

If you cannot come to an agreement with your former partner regarding a just and equitable split of your assets between you, and you have entered the Federal Circuit and Family Court system, then to assist you to find a way to settle, you will need to attend a Conciliation Conference. Conciliation Conferences are offered and ordered as part of the Court pathway to resolution of your property dispute.

In preparation for the Conciliation Conference, you will have to disclose all of your assets and liabilities at the start of your relationship and to the current date and you will need to address your future needs.

Our family lawyers offer a wide range of services to assist you with the steps you need to take to prepare for conciliation. We will advise you on your options and the likely outcomes, as well as your best course of action to take in order to reach a resolution. Of course, we are happy to represent you in court if necessary.

When it is impossible to reach an agreement regarding the property, financial and parenting matters after separation, then the Federal Circuit and Family Court of Australia offer a pathway to gaining finality. Even if you file your dispute, there are options along the way to settle, including Family Dispute Resolution and Conciliation Conferences.

You are encouraged to find agreement, but if you cannot, a judge will hear your matter and make Orders that are legally binding. The Court will make decisions according to case law and legislation regarding your circumstances. The Court will concern itself with what is in the best interests of the children, and with the division of your assets.

Court proceedings are costly, often lengthy and they are a stressful route to take, but if family mediation and all other forms of dispute resolution have failed, then going to court will bring resolution where otherwise you might be disadvantaged or without closure. Our team of family lawyers are ready to represent you, should family litigation be the best option for you.