Fairness in Family Law

 I just want what’s FAIR. This is not an uncommon position taken by parties who become embroiled in Family Law property settlement disputes following family law separation or divorce…

In my experience, fairness involves an element of one’s subjective opinion. What might seem fair to one person might be totally unreasonable to someone else.

You won’t find the word fair anywhere in the Family Law Act in Australia. The legislation stipulates that a Court shall not make an order for family law property settlement UNLESS it is satisfied that it is “just” and “equitable” to do so in all of the circumstances. This involves a vigorous and thorough consideration of all of the relevant factors under the Family Law Act which ultimately determine the division of the assets to each party.

A just and equitable division of property in family law settlement can often look very different to what parties initially think is fair. It has always been important to me to have these sometimes difficult conversations from the outset with family law clients to ensure that their expectations are properly managed, they are kept fully informed at every stage of their case and they are aware of the range of outcomes that might apply in their family law matter. It is always vital that anyone involved in family law conflict consults an experienced family law lawyer as soon as possible to ensure their rights are protected.

We are experienced family law lawyers based in Maryborough, Queensland. We assist clients with family law matters, property settlements, parenting disputes, acting for parties in family law mediation and domestic violence cases in Maryborough, Hervey Bay, Gladstone, Bundaberg, Childers, Gayndah, Gympie, the Sunshine Coast, Brisbane and beyond. If you or someone you know are looking for an experienced and compassionate family law lawyer to assist no matter how difficult or complex the problem or case, please call our Maryborough lawyers office on (07) 4191 6470.