From the category archives:

Mediation

Zoe Paterson As Adele says in her top selling song “Someone Like You”, “sometimes it lasts in love and sometimes it hurts instead.” While the solicitors at Armstrong Legal have expertise in the legal aspect of people’s separations, we understand that for clients, the emotional aspect of the separation is at least equally important. The reality is that almost everyone has… Read more

{ 0 comments }

Hatred for ex-partner prevents shared care

by Zoe Paterson on February 1, 2012

Zoe PattersonAn article published in the Australian and written by Carolyn Overington on 24 November 2011, reports on a recent Queensland case in which the full bench of the Family Court found that shared care was not appropriate in relation to a five year old girl.

Allegations of violence and emotional abuse were made by both parents, however the Court found that given the… Read more

{ 0 comments }

Collaborative law: an alternative way to handle divorce

by Lucinda Bordignon on December 11, 2011

Lucinda BordignonDo you want to retain as much control as possible over your Property Settlement? Are you able to communicate and be in close proximity with your estranged spouse/partner? Perhaps you could consider engaging the services of lawyers who practice Collaborative Law. Collaborative Law is distinct from the traditional approach to property settlements adopted by lawyers. The hallmark of Collaborative Law… Read more

{ 1 comment }

Sharda RamjasRecently, I have received a number of legal enquiries from people who said they felt they were forced to agree to be supervised by another adult or a paid supervisor when spending time with their children because the other parent had expressed safety concerns or made allegations about them.

Sometimes it is preferable for a parent to agree to supervised… Read more

{ 0 comments }

Sharia law. Could it affect your divorce?

by Cristina Huesch on October 4, 2011

You may have read about “Sharia Law” which  has been discussed in the news a bit in Australia lately.  What is this law, and how could it impact families undergoing separation?

Sharia Law is a legal system commonly seen in Islamic countries. Not all Islamic countries embrace Sharia Law. Some migrants come from a Sharia law culture which they wish… Read more

{ 0 comments }

Collaborative law: Could it work for your divorce?

by Zoe Paterson on March 28, 2011

Zoe Paterson, Family LawyerSeveral of our family lawyers have recently completed collaborative law training, with the rest of the Armstrong Legal family lawyers to be trained within the next few months.

Collaborative law is a new method for resolving disputes.  It is not litigation, nor is it mediation.  Rather, collaborative law involves each party having their own lawyer and the two clients and… Read more

{ 0 comments }

Mediation works says the Chief Justice

by Peter Magee on February 4, 2011

Over the last three years the number of cases diverted to mediators from the NSW Supreme Court has grown by 128%.  40% of those cases were diverted to private mediators according to the Supreme Courts annual review.  Of the cases referred to mediation the overall majority relate to cases involving claims for family provision.  Justice Spigelman the Chief Justice… Read more

{ 1 comment }

A cooperative approach to separation

by Peter Magee on January 28, 2011

Separating couples looking to avoid the antagonism and costs that comes with litigation are turning to a cooperative approach to resolving their disputes.

Collaborative law is a relative new approach which involves both lawyers and parties all agreeing to attempt to resolve the dispute and avoid courts – except to formalise the final agreement reached.  The approach involves the parties… Read more

{ 0 comments }

Mediate or go to court? The pros and cons.

by Peter Magee on December 31, 2010

I am all in favour of parties to a dispute reaching an agreement about the outcome rather than letting the courts decide.  Particularly in family law matters where children are involved or people’s financial futures hang in the balance, in most cases it seems illogical to hand responsibility for decisions about these things over to a third party, like a… Read more

{ 1 comment }