Family Litigation on the Sunshine Coast
In some circumstances, if agreement cannot be reached and it is impossible to reach certainty or finality with regard to the property, financial and parenting issues between you and your former partner, then going to court will bring resolution where otherwise you might be disadvantaged or without closure.
While litigation is a good option in some cases, going to court is a costly, lengthy and stressful route to take. The Court will make decisions for you according to caselaw, and legislation giving regard to your circumstances. The Court will concern itself with what is in the best interests of the children, and with the division of your assets. Depending on your circumstances, an Independent Children’s Lawyer may be appointed to ensure that the needs and best interests of your child or children are front and centre in the consideration of your parenting arrangements.
When you need comprehensive, respectful, robust representation for your Family Law Litigation
The time-served legal team at Anumis is available to assist with all aspects of family litigation for Sunshine Coast clients. We cover family litigation matters including the following:
Your Legal Champions, Ready to Fight
When tough decisions need robust legal backing, Anumis Legal steps up to the challenge. We combine assertive legal strategies with compassionate client care, ensuring you feel supported while aggressively pursuing your interests in any forum, from negotiation tables to courtrooms
Examples Of Family Law Litigation Cases We Manage
Here at Anumis Legal, we can assist you with all types of family law cases. Expand the dropdown boxes below to learn more about some of our more common litigation cases:
Why It’s Vital To Have An Expert Litigator On Your Side
The breakdown of a relationship is almost always an emotional time, so making decisions that have long-lasting consequences for you and your children can be a challenge. An experienced litigator ensures your views and wishes are adequately represented throughout negotiations over access, who the child or children live with and spend time with, and maintenance. Experienced, family law litigators will know what type of settlement is most likely to be accepted by the court, as well as provide the advice support and information you need during this trying period.
In court, a seasoned litigator will know what questions to ask of the other party, ensuring your case is put forward in the most convincing manner. In order for you to know your options and obligations and to get a realistic idea of what the court is likely to find, instruct a family law litigator you can trust. Experienced legal professionals provide high-grade advice, recommendations and provide you with the information you need to optimise your chances of getting the outcomes you are looking for.
If you chose to embark on litigation, it is wise to fully understand what the Court can deliver and the emotional and financial cost of court proceedings. Sometimes, commencing Court proceedings is the only way to achieve closure and a game plan to move forward. Even if Court proceedings have started, there are multiple opportunities to settle your dispute and to find unique solutions that work for you, your children and your family. If litigation is the path you are on, buckle up for a potentially bumpy ride that will take time, patience and resources.
We Can Advise, Negotiate And Litigate For you.
At Anumis Legal, our Sunshine Coast Family Lawyers are well versed in the art of advocacy and will prepare to represent you in Court fairly, fiercely and formidably. Where necessary we may advise that you appoint Counsel. If this is right for you, we work with barristers experienced in the specific areas of law and litigation, depending on your specific needs.
On 1 September 2021, the Federal Circuit Court and the Family Court merged to form the Federal Circuit and Family Court of Australia (FCFCoA). The ‘new’ FCFCoA has not only appointed additional justices and registrars, it has also implemented fresh central principles, aimed at delivering a more cost effective, efficient and faster family law system. There are new forms, procedures and rules to follow, and so now, even more than previously, it is imperative that you get the most up to date legal advice in your family law matter.
Situations Where We Recommend Litigation
Although we advocate negotiation and mediation where possible, we also recognise that there are some situations where litigation is the most suitable course. In court, our legal professionals will use their knowledge and expertise to represent you in a respectful, robust, determined manner. Some of the circumstances where litigation is appropriate include:
Why It’s Important To Try To Avoid Litigation
Where possible, we recommend attempting to settle your parenting arrangements including access, with whom your child or children live and spend significant time and your maintenance issues through mediation and negotiation. Unfortunately, litigation tends to perpetuate an adversarial attitude between the parties, which in turn can mean that the settlement process can drag on for months, even years delayed by court appearances. Furthermore, litigation is expensive and may not always deliver the outcomes you are looking for.
Once a family matter reaches court, there is less room for flexible solutions to be found and relationships between the parties often worsen, which is a poor result when children are involved.
In Australia, there is a no-fault system. The Court does not interest itself in blame or taking sides. The Court is not there to slap your former partner on the wrist for having an affair, squandering marital funds or feeding your children sugary foods. The Court cannot give you back the years you spent working hard, without appreciation. The Court cannot censure your former partner for behaving badly, betrayal or bossing you around.
At Anumis Legal we have a meticulous approach to litigation as well as all areas of family law. We strive to lay out your options in ways that you understand. We welcome your questions. You are kept informed all the way and we take your instructions seriously. We appreciate that you know your life better than anyone else. and we know and apply the law. That means you will always get frank advice. Every step of the way we are fully transparent so you know how much court proceedings are likely to cost you.