Nov292023

Minimising legal costs in your family law matter

Family Law, Family Law Property Division

If you are separating from your spouse, you may experience significant financial impact. Instead of two parties sharing the same household costs, you and your spouse will now have to pay for separate accommodation and will have to fund separate households. Two households will mean more expenses for you.

Besides funds for the additional household costs, you may need the services of a lawyer to represent you to secure a fair share of the assets in the property division or to obtain court orders protecting your child’s interest in parenting disputes.

How can you then minimise your legal costs?

Be calm

Being calm and making rational decisions are easier said than done as it is only normal to be affected emotionally when a dispute arises with the person you have shared your life with. When dealing with separation, it is time to take a deep breath, attend counselling if required for support, and attempt to discuss the property split and children related matters in a calm manner with your former spouse. Rather than jumping straight into the family court, consider alternative dispute resolution as a means to resolve the dispute. This includes seeking the assistance of a mediator to act as an independent third party between you and your spouse. A skilled mediator can help parties focus on the issues at hand to reach a resolution. If you and your spouse can communicate and work through the issues impacting on the separation, you will be able to enter into consent court orders to record the terms of the property split and the parenting arrangements. This will save you loads of money in legal costs in having the dispute litigated in the family court. It is however important to seek legal advice before you enter into negotiations with your former spouse so that you understand your rights and entitlements under the family law.

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Oct102023
Family Law and PPP500 – a simpler pathway for property splitting for small asset pools

Family Law and PPP500 – a simpler pathway for property splitting for small asset pools

Family Law Property Division

In property settlement disputes between separating couples, a major concern is the complexity of court proceedings and the amount of legal costs they will be paying to work through the process in the Family Court. These concerns are intensified when there is only a small asset pool in dispute.

There is now some relief for separating couples with only a small asset pool for property division.  The Family Court of Western Australia is instituting a new pathway from 1 October 2023 called “Priority Property Pool under $500,000” or “PPP500” in short, where there is now a quicker and more cost-effective pathway to resolve property settlement disputes for couples with a net asset pool under $500,000 (excluding superannuation).  This is for both married and de facto couples going through a family law property settlement matter.

The aim of the PPP500 pathway is to achieve a just, efficient and timely resolution where the costs to the parties is reasonable and proportionate in the circumstances of their case.

Benefits of the PPP500 pathway

A case that falls under the “PPP500” pathway will have the following benefits: –

  1. Simplified court documentation to be prepared and filed by the separating couple.
  2. Simpler court procedures for the parties: –
  • To obtain procedural orders such as the exchange financial disclosure, valuation of assets and other procedural orders, within days of filing the court application.
  • To attend a Conciliation Conference before a Registrar of the Family Court where the Registrar will assist the parties to attempt a resolution of the dispute by agreement. (A Conciliation Conference is a form of a court led mediation which provides the parties with the opportunity to make a genuine effort to settle their dispute by agreement.)
  • To proceed to trial before a Magistrate of the Family Court where the Magistrate will determine the outcome of the dispute between the parties if no resolution by agreement can be reached. (A trial is the final hearing of the dispute before a judge where parties produce evidence of their case with the judge making a final determination of the matter.)
  1. Shorter time frames for court procedures. For example, the first listing of the case will be held within approximately 6 weeks from the time the case is filed and a Conciliation Conference is to be held within 90 days thereafter. This means that there is a chance for parties to attend a Conciliation Conference and attempt a resolution by agreement within 6 months from the date where the matter is first filed in the Family Court.
  1. Intensive monitoring of the parties’ compliance with orders and reminder correspondence from the court when orders have not been complied.
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