Why family law is a good thing.

You didn’t expect to read that.

No one like family law.

Not even family lawyers. Right?

So, instead of listing off the things that frustrate me about Australia’s current family law system, let me put it to you in another way. Let us, instead, imagine an Australia with… no family law.

No legislation. No courts. No lawyers.

When you split up, you packed your few things and got out of the house. You went to stay with your parents. He, on the other hand, stayed in your house. With your furniture and other belongings. And your cat. The house was in his name because you were only working casually when you bought it and it was easier to do it that way. Twenty years ago.

Maybe, instead, she stayed in the house. With the kids. She’s having an affair, and she kicked you out of the house on the basis that ‘the kid’s need stability, and it’s closer to their school’. You haven’t seen the kids in weeks. You miss them.

But there is no family law system, or lawyers, or court.

What do you do, and where do you go from here?

Don’t get me wrong. There are other laws and other ways of addressing some of your family law issues. Definitely. We are fortunate to have domestic violence laws in Queensland and throughout the states. There are property laws which allow you to transfer a property from one person to another.

In the meantime, you don’t have any way to see your children. You have no money, and few belongings, and no access to the asset of a home you have invested in for decades despite your name not appearing on the title.

The law is complex and there are a multitude of avenues by which certain issues can be addressed and potentially resolved. However, the Family Law Act 1975 (Cth) provided Australian’s with a statutory protection against injustices which can occur when families break down. Basically, an epically huge document which gives you rights and scope to seek remedies which otherwise just wouldn’t be available.

And whilst the administration of these laws is arguably much more difficult than any of us would like, it is really important to remember that the foundations are there to provide you the opportunity to seek just and equitable outcomes for yourself, and your family. Including your children. Especially, your children.

A growing number of family lawyers are focused on changing and improving the way the family law system works in Australia, I am one of them, and before you worry about putting yourself and your children through the soul sucking hell that the system is believed to be, reach out to one of us. See what we can do for you to make things better. Because we can, and we must, make things better.

Give us a chance. Separate better.

JP

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