Social media posts can be used as evidence in family court proceedings and may influence parenting decisions, financial outcomes, and credibility. As social media use continues to grow, this type of evidence is becoming increasingly common in family law matters and is assessed alongside other material before the Federal Circuit and Family Court of Australia.
What Is Considered Social Media Evidence?
Social media evidence can include any online content that can be presented to the court, which can be used to support or challenge a party’s position.
This commonly includes:
- Posts, photos, or videos shared publicly or privately
- Direct messages, comments, or replies between parties
- Location data, check-ins, or tagged activity
- Content shared by others that involves or references a party
For example, a photo showing travel during a period of claimed financial hardship, or messages demonstrating conflict between parties, may be relied upon as evidence.
When relevant to the issues in dispute, this material may be treated as documentary evidence and assessed alongside affidavits and other documents.
What Role Does Social Media Play in Family Court?
Social media evidence considered in family law matters can sometimes provide insight into behaviour, financial positions, and communication.
It most commonly arises in:
- Parenting disputes
- Property and financial matters
- Contravention or enforcement proceedings
How the Court Uses Social Media Evidence
Social media evidence can be presented through screenshots or records attached to an affidavit or handed up during hearings in certain circumstances. Once filed, it becomes part of the evidence before the court.
The court can assess whether the content supports or contradicts a party’s evidence, what weight ought to be attached to any such evidence, among other things. Where inconsistencies arise, this may affect credibility. Social media is rarely decisive on its own and can be considered alongside the broader evidence.
When Social Media Becomes Relevant
Social media becomes relevant when it connects directly to the issues in dispute.
In parenting matters, content may be used to assess behaviour, risk issues, and decision-making. Posts that raise concerns about lifestyle or judgment may be considered.
In property matters, social media may provide insight into financial circumstances, including spending, travel, business activity, or assets not reflected in formal disclosure or court documents.
Communication between parties may also be relevant. Messages or comments can demonstrate cooperation, conflict, or inappropriate conduct.
Social Media Issues That Can Affect Your Case
Certain types of social media activity are more likely to influence family court outcomes.
Examples include:
- Posts showing excessive alcohol use, drug use or unsafe environments
- Evidence of travel or purchases inconsistent with financial disclosure
- Messages that are aggressive, threatening, or inappropriate
- Content that contradicts statements made in an affidavit
In many cases, the issue is not the existence of social media, but whether it aligns with the evidence presented to the court.
Can Deleted or Private Content Be Used?
Deleting a post does not prevent it from being used if it has already been captured. Screenshots or saved records held by another party may still be relied upon.
Privacy settings also do not guarantee confidentiality. Content shared with others can be reproduced and presented as evidence where relevant.
What Does the Family Court Consider?
The court assesses social media evidence based on timing, relevance and consistency along with other material and evidence.
| Factor | What the Court Assesses |
| Timing | When the content was created and whether it aligns with events in dispute |
| Relevance | Whether the content relates directly to parenting, finances, or conduct |
| Consistency | Whether it matches or contradicts affidavit evidence |
| Impact on children or party | Whether the content affects a child’s safety or wellbeing, or that of a party |
Social media is considered as part of the broader evidentiary picture rather than in isolation.
How to Manage Social Media During a Family Court Matter
Social media use during proceedings requires active management to avoid creating evidence that may undermine your case.
Key considerations include:
1. Consider the impact of online activity that is contrary to your evidence
There may be potential issues for your case if content shared online is inconsistent with your affidavit and financial disclosure. Posts that contradict your evidence can affect credibility.
2. Avoid discussing the proceedings
Comments about the case, the other party, or the court can be relied upon and may escalate conflict or reflect poorly on conduct. In some circumstances, such conduct may be deemed a breach of certain provisions in the Family Law Act 1975 (Cth) relating to communications.
3. Be mindful of indirect content
Photos, check-ins, or tagged posts may reveal information about lifestyle, spending, or relationships, even if not posted directly by you.
4. Understand that others can share your content
Content sent privately or shared with friends can be screenshotted and produced as evidence.
5. Consider pausing or limiting use
Reducing activity during proceedings may minimise risk, particularly in contested matters involving parenting or financial disputes.
How Legal Support Assists With Social Media Evidence
Legal support provides clarity on how social media content may affect your case and how it is likely to be interpreted by the court.
A family lawyer assists by:
- Identifying content that may present risk or inconsistency
- Considering the impact of any content on filed court documents, such as affidavit evidence
- Advising on what material should be disclosed or addressed
- Responding to social media evidence relied on by the other party
- Guiding appropriate conduct during proceedings to avoid further issues
Early legal advice can allow risks to be addressed before they affect credibility, financial findings, or parenting outcomes.
Speak With Daykin Family Law About Your Matter
Social media activity can affect the outcome of a family court matter in ways that are not always immediately apparent.
If you are involved in proceedings or anticipate a dispute, early legal advice assists in identifying risks and ensuring your case is prepared effectively.
Contact Daykin Family Law to discuss your situation and take a structured approach to your matter.
Preparing for what is commonly referred to as “Family Court” in Queensland requires understanding of the court process, organising evidence, and complying with procedural rules. Structured preparation improves clarity, strengthens your position, and reduces avoidable delays in the Queensland family court system, which is in fact an Australia-wide court except in Western Australia.
What Is the Family Court QLD?
The Family Court in Queensland operates under the Federal Circuit and Family Court of Australia, which determines family law disputes across Queensland as well as other States and Territories in Australia.
The court hears matters including:
- Parenting orders, including living arrangements and parental responsibility
- Property settlement disputes
- Spousal maintenance applications
- Divorce applications
- Enforcement and contravention proceedings
These matters are determined under the Family Law Act 1975, which governs parenting and financial disputes in Australia.
Where Are the QLD Family Court Located?
Family law Court matters are heard at registries of the Federal Circuit and Family Court of Australia across Queensland.
The Brisbane registry is the primary location for family law court services within Southeast Queensland.
Queensland Family Court Registry Locations
Location | Address | Registry Type |
119 North Quay, Brisbane QLD 4000 | Full-time registry (largest in QLD) | |
Level 3, 104 Grafton Street, Cairns QLD 4870 | Full-time registry | |
Level 2, 143 Walker Street, Townsville QLD 4810 | Full-time registry | |
46 East Street, Rockhampton QLD 4700 | Full-time registry | |
Cornmeal Parade, Maroochydore | Circuit-only location (filing not available) | |
159 Hume Street, Toowoomba | Circuit-only location (filing not available) | |
Hervey Bay Court House, Cnr Queens Road & Freshwater Street, Hervey Bay | Circuit-only location (filing not available) | |
Mackay Magistrates Court, 12 Brisbane Street, Mackay | Circuit-only location (filing not available) | |
44 Quay Street, Bundaberg | Circuit-only location (filing not available) |
Hearings may also be conducted electronically via Microsoft Teams, depending on the nature of the application and court directions.
The 6 Key Steps in Preparing for Family Court Queensland
Preparing for family law court requires structured organisation, procedural compliance, and clear evidence. The following six steps outline how to prepare effectively for the Queensland family court process.
Step 1: Identify Your Application Type
Preparation begins by identifying the type of application before the family court.
Common application types include:
- Parenting matters, including living arrangements and parental responsibility
- Property settlement proceedings, involving division of assets and liabilities
- Divorce applications, seeking formal dissolution of marriage
- Spousal maintenance applications, requesting ongoing financial support
- Urgent recovery orders, such as applications for the return of a child
- Interim applications, seeking orders before a final hearing
Each category carries distinct documentary requirements, disclosure obligations, and evidentiary standards. Clear identification ensures preparation aligns with court rules.
Step 2: Gather and Organise Required Documents
Family law court preparation requires complete and organised documentation. The Court determines matters based on sworn evidence and financial disclosure.
Key Documents Commonly Required
Document Type | Examples |
Financial documents | Bank statements (12 months), tax returns (3 years), superannuation balances |
Parenting evidence | School reports, medical reports, psychologist reports, communication records |
Asset evidence | Property valuations, business valuations, mortgage statements, vehicle registrations, business financials |
Communication records | Emails, text messages, parenting app correspondence |
Step 3: Prepare Your Affidavit
An affidavit is a sworn written statement of facts relied upon by the Court.
A well drafted affidavit:
- Presents events in a certain order that is easy to read and digest
- States facts rather than opinions or arguments
- Clearly refers to annexures and supporting documents
- Remains concise and structured
Step 4: Comply With Pre-Action Procedures
Most family court QLD matters require compliance with pre-action procedures before filing.
These include:
- Attempting genuine dispute resolution
- Exchanging financial disclosure
- Providing written notice of intention to commence proceedings
Failure to comply may result in cost consequences or procedural delay.
Step 5: Understand Interim vs Final Hearings
Understanding the type of hearing improves preparation strategy.
Interim Hearing | Final Hearing |
Orders during a case before final hearing | Final determination |
Determined on affidavit material largely, some cross-examination in fairly limited cases | Includes cross-examination of witnesses and affidavit material |
Shorter duration | May run for multiple days |
Focused on urgent or more short-term issues | Determines final parenting or property outcome |
Step 6: Understand Courtroom Expectations
Preparation includes practical awareness of courtroom conduct.
At family court:
- Arrive at least 30 minutes early
- Dress conservatively
- Address the Judge as “Your Honour”, Senior Judicial Registrars and “Senior Judicial Registrar” and Judicial Registrars as “Registrar”
- Remain calm and respectful
- Avoid interrupting the Court or the other party
Judicial officers can assess conduct alongside evidence. Conduct and presentation can support or damage credibility in some cases.
Common Mistakes to Avoid in Family Court
Family court proceedings require strict procedural compliance. Avoiding common mistakes can strengthen your credibility and reduce the risk of adverse outcomes.
Common errors include:
- Failing to provide full and frank financial disclosure
- Filing affidavits that argue rather than state facts, or annex large amounts of documents
- Ignoring court directions or deadlines
- Breaching interim orders
- Attempting to rely on informal or unfiled evidence
The Court expects compliance with procedural rules at every stage. Non-compliance may affect prospects, credibility, case progression, and lead to cost outcomes.
Why Legal Representation Strengthens Your Position in Family Court
Family law court proceedings in Queensland involve strict procedural rules, evidentiary standards, and interpretation of the Family Law Act 1975. Errors in preparation can affect prospects, credibility, delay proceedings, or weaken outcomes.
Engaging a, expert family lawyer provides:
- Strategic assessment of your legal position
- Structured preparation of affidavits and evidence
- Compliance with disclosure obligations
- Risk identification before court dates
- Guidance through interim and final hearing stages
- Practical advice on settlement options and each step, and ways to save costs
How Daykin Family Law Supports Clients in Family Court QLD
Daykin Family Law focuses on structured preparation and strategic case management.
We assist clients by:
- Developing clear case strategies aligned with legislative principles
- Preparing precise, fact-based affidavits
- Managing full and frank financial disclosure
- Coordinating expert reports and briefing Counsel where required
- Gathering evidence
- Conducting principled negotiations to resolve matters efficiently
Speak With Daykin Family Law About Your Family Court Matter
Preparing for family law court in Queensland requires more than documentation. It requires clear strategy, procedural compliance, and informed decision-making at every stage.
If you are commencing proceedings or responding to an application, early legal guidance strengthens preparation and reduces avoidable risk.
Daykin Family Law provides structured advice tailored to your circumstances, whether your matter involves parenting arrangements, property settlement, or interim applications.
Contact our team to discuss your next steps with clarity and confidence.
When a relationship ends, pets are now treated differently under Australian family law.
Since 10 June 2025, the Family Law Amendment Act 2024 (Cth) amended the Family Law Act 1975 (Cth) (the Act), giving courts power to make specific orders about companion animals during property settlements.
The key issue is whether your pet meets the legal definition of a companion animal.
What Is a Companion Animal?
A companion animal is an animal kept by parties to a marriage or de facto relationship primarily for companionship.
A companion animal does not include:
- An assistance animal under the Disability Discrimination Act 1992
- An animal kept as part of a business
- An animal kept for agricultural purposes
- An animal used in laboratory testing or experiments
If your pet does not fall within these exclusions, it may qualify as a companion animal under the Act.
What Orders Can the Court Make About Pets?
In property settlement proceedings, the Court can make interim or final basis, including by consent, about companion animals.
The Court is limited to the following orders:
Order type | What it means |
Ownership to one party | One person becomes the legal owner of the companion animal |
Transfer to another person | Ownership transfers to a third party who consents |
Sale of the animal | The companion animal is sold |
These are the only orders available under the Act.
The law does not allow shared ownership or time-based arrangements. Only one person retains ownership of the pet.
How Does the Court Decide Who Keeps a Companion Animal?
When considering what orders, if any, should be made about a companion animal, the Court can consider the following factors:
- The circumstances in which the companion animal was acquired;
- Who has ownership or possession of the companion animal;
- The extent to which each party cared for, and paid for the maintenance of, the companion animal;
- Any family violence to which one party has subjected or exposed the other party;
- Any history of actual or threatened cruelty or abuse by a party towards the companion animal;
- Any attachment by a party, or a child of the marriage, to the companion animal;
- The ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party; and
- Any other fact or circumstances which, in the opinion of the Court, should be taken into account.
There are a lot of considerations when determining where a pet should live, which seems appropriate given the love that we have for our pets!
Contact Daykin Family Law
The amendments that commenced on 10 June 2025 allow courts to make clear, enforceable decisions about certain pets following separation.
If you need advice or assistance regarding companion animals as part of a separation or property settlement, contact Daykin Family Law for expert family law legal guidance.
This is one of the first questions we are often asked by our business owner clients. You spend years building an empire, whether it be large or small, and you are understandably anxious about how separation will impact on what you’ve built and what the future holds.
The first step is to ensure that there can be no immediate impact on the running of your business. Any fallout from the inter-personal relationship with your former partner or spouse must be managed so that it does not impede its operational running or damage its reputation. We assess the risks with you as some urgent matters may need to be attended to, particularly if your ex has access to business accounts, important documents or the premises or staff generally.
In more severe cases where attempts to curtail damaging behaviour have been exhausted, or urgent and swift action is required, there a range of remedies available from the court. This can include restraining a person from taking certain steps which may cause loss to you or the business. In our experience, a firm approach from the start can assist in resolving such issues quickly without litigation. However, where harm to business operations is imminent, an application may need to be filed with the court without delay to protect your business and assets.
Once any urgent issues are identified and dealt with, attention should be focussed on crafting a settlement to finalise the financial aspects of your separation. Settling matters early can save on legal costs and the emotional strain associated with protracted negotiations or litigation.
An initial step towards this finality is making disclosure of your financial circumstances. In our experience, the quickest way to create tension, distrust and a sharp escalation in fees is to be opaque in the way someone discharges their duty to make full and frank disclosure. If an opposing lawyer deems that the other party is refusing to make disclosure or is not being forthcoming with the documents needed to advise their client, chances are they are advising on their end to file proceedings in the court to obtain an order for disclosure. This should be avoided as there are lengthy queues in the court and litigation can be costly. We will guide you on the necessary documents to disclose having regard to the nature of your entities and extent of your assets, liabilities, superannuation and financial resources.
It is often a good idea to involve your trusted accountant at an early stages if they were not already involved from the outset. We have had many initial meetings with clients and their financial advisors to gain clarity at the first meetings about what clients want to achieve and how value can be added to their affairs through restructuring as part of the family law process. It is also important to be across any potential taxation consequences of a proposed settlement, Division 7A issues, the structure itself (including trusts interests of the parties and associated issues), future asset protection and other important matters.
In some cases, the accountant is also trusted by the former spouse or partner and can play a positive role in achieving a settlement sooner, such as facilitating the efficient exchange of disclosure and even in reaching agreement on a valuation for a business to avoid the cost of an independent valuation as part of the family law process.
Coupling anxiety about what the future holds for your business with the emotional stress of a relationship breakdown itself can take a significant toll. We take a no-nonsense and pragmatic approach to advising our clients, guiding them on the path that will best achieve their goals and allow them to get on with the important job of running their business or home or whatever it is that they want to do next. Contact us today for a reduced fixed fee initial consultation with Shannon Daykin, an Accredited Family Law Specialist, to discuss your business, protecting your interests and how we can assist in resolving your property settlement as efficiently as possible.
People can often find themselves in situations that involve risk and urgency, often prior to the clear-cut end of a relationship. During these times, you will not have time to waste on finding the right lawyer who will give you the most effective pathway to resolve the issue.
Daykin Family Law has the resources to assist you with any urgent family law matter and give you efficient, reliable advice on your options and assist you in taking the essential steps you need to take.
These sorts of situations could include, but are not limited to, the following:
- Child abduction: someone taking a child away (or planning to take a child away) from you without your consent, either within Australia or overseas
- Imminent risk & domestic violence: someone is posing a threat, or risk of harm, to you or a child
- Travel: the other parent or person with legal responsibility refusing to allow a child to travel outside of Australia
- Disposal of assets: someone has threatened to, or you suspect that they might, take steps to sell, diminish, or dissipate in any way marital or relationship assets
There are many avenues that Daykin Family Law can advise you on. It may be that urgent proceedings must be initiated without delay in the Federal Circuit Court of Australia, or a Protection Order from the Magistrates Court is necessary to protect your family.
Daykin Family Law can assist you with your urgent needs.
For more information or to make an appointment for a consultation with Daykin Family Law by phone or at our Fortitude Valley, Brisbane City or Toowong locations, contact us today by email [email protected]
What is child support?
Child support is a payment made by one or both parents to the other to assist in the cost of looking after children until they reach the age of 18 or complete high school.
The Department of Human Services (DHS) utilises a formula to calculate how much child support you should pay or receive. This is worked out based on:
– How many children you each have;
– How old the children are;
– How much money you need to support yourself;
– The income of the parents; and
– The percentage of care each parent has for the children.
The cost of the child is based on the research about how much parents spend to raise a child in Australia. These figures are updated each year to ensure they stay current. These amounts are also different for different people as the research has established that people that earn different incomes spend different amounts on their children.
This is a complex formula that leads to much confusion. The DHS has provided a child support estimator online to assist parents with this process.
How is child support paid?
You can choose to manage the payment of child support between yourselves. This does not involve the DHS at all. Parents who choose this option decide how much and how often child support is paid. This can affect your Family Tax Benefit if you receive any. This can also be risky as the DHS cannot enforce payment of an amount you have agreed to with the other parent.
The next option is private collection. To do this, you can ask the DHS to undertake an assessment for you. This can also be utilised if you have registered a child support agreement with DHS. This calculates the amount of child support that one parent needs to pay the other. A private collection arrangement would mean you and the other parent decide when and how this is paid.
The DHS would not become involved in this type of arrangement unless you asked them to be. If a parent falls behind in their payments, the agency can collect up to three months of arrears or nine months in extreme circumstances. This system works well for parents who are amicable.
If parents are unable to communicate, if there are issues with reliability in payment or if there are domestic violence issues, you can ask the DHS to collect on your behalf. This is called Child Support Collect. DHS can collect if a child support assessment has been made, if they have accepted a child support agreement or if there is a registered court order for child support.
For Child Support Collect, DHS collects the money from the paying parent and pays it to the receiving parent. The dates of these payments are set by DHS. If a parent fails to make payments, the DHS can take enforcement action including deducting money from a paying parent’s pay, intercepting tax returns and/or bank account deductions.
It is important that both parents continue to update the DHS regarding their circumstances to ensure that over or under payments are avoided and issues of debt recovery do not occur.
What if I want something specific in place for child support between the other parent and I?
You can enter into a private child support agreement with the other parent and this can be made binding and enforceable.
You may agree to cash payments, non-cash items such as health insurance or school fees, or a combination of these. These arrangements can be formalised by a Limited Child Support Agreement, which can have a limited life span, or a Binding Child Support Agreement which can remain in place for longer. Both parties need to have legal advice for a Binding Child Support Agreement.
If you would like to consider one of these options, we can provide you with the necessary advice. Many people negotiate property settlement, spousal maintenance and/or child support agreements at the same time.
Here are some examples of how a simultaneous settlement could work:
- The child support recipient parent agreeing to take less property from property settlement if all expenses are paid for the children until they turn 18 or finish high school, such as private health fees and associated costs and all health related costs.
- The child support recipient parent agreeing to take more property from property settlement than they might otherwise be entitled to, on the basis that they be paid no or relatively low child support in the future.
- The child support recipient parent agreeing to a settlement where they are paid certain child support (periodic amounts every week plus school fees and health costs paid for by the other parent), certain periodic spousal maintenance payments for a period of time and an agreed percentage of property.
The above arrangements can be negotiated and, once agreement is reached, drafted into binding and enforceable agreements by Daykin Family Law.
What if we do not agree with how much child support is being paid?
Parents often disagree with the estimation for child support. This can be as a result of not agreeing about the arrangements for time children spend with each parent or disputes about income. You can apply to DHS to have the assessment changed. If you still do not agree with the decision, there are other avenues you can take, and we suggest you seek legal advice from us about these issues.
I have a plan for what child support I would like for my children. What’s my first step?
The first step is to make an appointment for an initial consultation with us to discuss your options, your proposals and how your goals can be achieved in the most cost effective and amicable way. Daykin Family Law are experts in the Brisbane family law field and can assist you to resolve your issues so you can move on with your life sooner. Contact us today to discuss your situation and the options that can be specifically tailored for you.
When a couple separates, it can be all too tempting to just make a quick and informal agreement about property to move forward as early as possible, away from the anguish surrounding the relationship breakdown.
What many people don’t know is that informal agreements dividing assets are not necessarily enforceable. When there is no enforceable agreement recording how property is to be dealt with at the end of a marriage or de facto relationship, the door remains wide open for the other person to have “another bite at the cherry”. That means that either party to the broken-down marriage or de facto relationship can make an application to the Court for property orders in the absence of court orders or a binding financial agreement.
It can be particularly risky or complicated in circumstances where one person moves onwards and upwards, continues to accrue assets or grow their own property after separation, or even mixes their finances with a new partner. This is because all property is included in the “pool” available for adjustment as at the time of trial or agreement. Whilst you may be able to argue you should keep all or the lion’s share of a particular asset due to your contributions to it after separation, there is no hard and fast rule and your assets may well be vulnerable. Many factors will be taken into account by the Court, however post-separation earnings and accrued assets are not necessarily safe from the reach of the other person.
Married people have up until 12 months after a divorce order takes effect to make an application to the Court for property settlement and/or spousal maintenance. The time limit for people to file an application for property settlement or maintenance after a de facto relationship ends is 2 years after the date of separation. Even after these time limits, an application can be made to Court on certain grounds to proceed with an application even when it is out of time.
Finality with financial affairs after separation is important to allow you to make decisions with certainty that will benefit you and those you care about moving forward. Recording a binding and enforceable property settlement can assist with this finality, to ensure that what you keep remains yours and you are free from any claim for property in the future. There are a couple of ways to record an agreement, with the most cost effective often being an application for consent orders through the Court. Neither party will need to attend Court as the application is considered in-house, unless the Court considers the agreement reached is unjust or inequitable to one party.
There are also ways to limit your spouse from making an application against you in the future for spouse maintenance, with the same options applying to de facto couples after separation.
We have helped many clients record their property settlement agreements cost effectively and efficiently. Usually, we can draft all of the documents you need within a matter of days if we have all of the relevant information and an agreement has been reached. Contact us today to discuss how we can help you move forward with finality.
First published 24 August 2017
Whether it has been your decision or the decision made by your partner, the road stretches out at the time of separation and forks off in several directions.
Emotions can run at an all-time high and this can sometimes cloud those first crucial decisions that are made. In more severe cases, people make decisions which can have a long-term impact on their children, their ex, their broader family and how their lives will unfold from there. Decisions where there were better alternatives, and negative outcomes that could have been avoided. That’s where family lawyers can do their best work, preventing potential disasters.
Engaging a good family lawyer at the time of separation can save you a lot of time, expense and pain later by accessing advice you can rely on from day one that sets you up for success. A person’s separation can involve many elements, such as parenting, child support, spousal maintenance, property settlement and domestic violence. There might be more urgent issues that need to be dealt with right away, with others that can be left to a later time once some of the dust has settled. Us family lawyers give advice based not only on legislation and rules, but our experience in the courts knowing how Judges and Magistrates are likely to view the things that people do and do not do when they separate, and how a particular issue might be dealt with.
With this knowledge and experience, the first meeting with your family lawyer should cover how to:
- minimise conflict
- promote your children’s best interests
- protect your assets
- preserve your rights
- ensure that you can provide for yourself and/or your children
- avoid joining the many, many people queued in the court system waiting for decisions to be made about their property and family
- save costs
Armed with this advice and information, you can make solid decisions on which path to take. Straight after separation, many people do not need anything drastic to change. There are certain steps to follow to work through a property settlement and/or an agreed parenting arrangement. While those occur, agreements can be reached along the way to keep joint expenses paid such as the mortgage, utilities, school fees and those related to the running of the home. Ideally, the exchange of documents can take place relatively early so that offers can be made and a binding agreement drawn up once consent is reached.
Some matters though can escalate quickly, landing people in court with legal costs increasing sharply. In many cases, there are alternatives to instituting court proceedings. This can involve raising any urgent or concerning issues as they arise, setting out a pathway to resolve those issues and following through to ensure those issues do not arise again. This is where pragmatic advice is particularly useful. Talking through the issues with you, how things might play out and how this might impact on you is an important part of what we do. We call it reality testing and it is vital.
The involvement of a family lawyer is ideally only a brief part of your story. We should not be the stars of your show. You should be front and centre, making your own decisions and forging your new path. Talk to us today about how we can help you find the right path to suit your circumstances and your family after separation.
First published 9 July 2017
There are far better things in life to put your hard earned money towards than unnecessarily high legal costs. We have had too many clients who have been up the river and back with high legal fees that have gotten them virtually nowhere but disenchanted with the legal process and family law in general.
We pride ourselves on being the problem solvers. We want to get you from A to B, with your dignity and finances in tact wherever possible. At the very first meeting with your lawyer, you can and should discuss with them how you can keep your legal costs down. With our clients, we talk about the end game at the start and the different options to get there to suit their budget and their needs.
Here are 5 top tips on how to keep your legal costs down:
1. Reach agreement.. and do it early!
It’s no secret. Protracted negotiations can be extremely costly, lead to entrenched positions and spin the parties into the already congested court system.
We will always explore with our clients avenues to reach an early settlement wherever possible and save costs. This can take many forms, such as supporting you to negotiate yourself and make informed decisions negotiating around the kitchen table with your ex or at a mediation. Another way is to fast track the exchange of necessary financial documents and make an early offer to settle.
You may be able to get more if you went to Court, but we encourage clients to think about the financial and emotional cost of not settling early. Not just on you but your family as well. It can be too easy sometimes to get stuck in old conflict patterns and dig your heels in. Our job is to give you independent advice, a trusted advisor who can step back, assess the situation frankly and guide you.
We encourage our clients to explore the benefits of an early, clean break. If you can, get to a settlement fast. It will free you up to focus on your bright, new future.
2. Be up front with your lawyer about what you want out of the process, what’s important to you
This one is best explained with an example. Let’s say you tell your lawyer from the outset you are happy to move to a shared care arrangement for the kids with the other parent. Negotiations ensue, legal costs are expended. Then, the client starts putting up road blocks all over the place. Wanting to take issue with the ex’s care of the kids, the new partner’s involvement, what the other parent puts in the kids’ lunchbox.. all things that are not new and have long been an issue. After lot more legal costs and a strained co-parenting relationship with lawyers lobbing letters back and forth, the conflict is increased further with only the lawyers benefitting. No settlement is in sight. Court looks like the only option.
A way to avoid this increase in legal costs and tensions is to tell your lawyer up front about your concerns, your fears and what the roadblocks might be to you signing off on an early agreement and making lawyer’s fees a thing of the past. A big part of our job as lawyers is reality testing. Stepping through with you how certain issues, if handled certain ways, can play out and how they might increase tensions unnecessarily and put you further away from your goals.
This reality testing early on allows you to choose the path that best suits your purpose. If your lawyer isn’t signposting your matter, letting you know how you can quickly move past issues to save costs and headaches, something may be wrong. Be upfront with your lawyer at every step. It will save you time and money.
3. Assess your own skillset. What stages of your matter can you do yourself, and what do you need assistance with?
Some people are comfortable in negotiating themselves. If this is the case, we can tell you what documents to ask for, what documents to hand over. Then we can help you formulate a strong offer and draw up the agreement. This is the best way to keep costs down and we’ve had many happy clients tell us they have been pleased with how little the whole process has cost them.
When Court is inevitable, there are still options to keep costs down. Not everyone is comfortable addressing a Judge in Court as a self-represented litigant. Some people are, with a little help from their lawyer. If Court is the only way to move your matter forward, you can save legal costs by getting your lawyer to assist you in drafting some succinct court documents that address all of the necessary legislative factors. This will place you in better stead to run some steps of the matter yourself if you choose.
Many matters do not end in a trial. Litigants can be assisted by the preparation of expert reports in property and parenting matters, mediation and the exchange of disclosure. Offers can be put forward at almost any time in the court process before the end of trial. Your lawyer can help you craft a solid offer to end litigation and draft the consent orders.
4. Give timely, considered instructions
When lawyers need instructions from clients, it should be for a purpose. To get you closer to what you want. Sitting on giving those instructions can increase costs unnecessarily, as issues can snowball which leads to even higher fees.
A lot of issues, which would have otherwise lead to a flaring up of the matter (and costs), can be nipped in the bud with timely instructions and a well crafted response to take the heat out of the situation. If the lawyer on the other side is litigious, the other party might be getting advice that your lack of response and action can be construed as a disengagement from the process, leaving Court the only option. This path will likely end up costing you much more, financially and emotionally.
If you are going to be away or hitting a busy time at work, tell your lawyer so they can get on the front foot so any lack of response cannot be unreasonably misconstrued.
Think through your instructions before you give them to your lawyer, and ask whatever you need to so you can make informed decisions. Changing your mind later can increase costs and build conflict.
5. Choose the right lawyer
It’s important that you trust your family lawyer and the advice they are giving. If your lawyer is not giving you pragmatic advice and talking with you about how to navigate your matter with the least fees, you may want to reconsider your choice. We often meet with people to discuss a change of strategy to finalise a matter quicker, or give a fresh perspective.
Our business is built on our reputation. There is no greater compliment to us than our clients and former clients referring us their family members, friends, work colleagues, knowing they will be well looked after. The family law community is relatively small. We are not known for increasing our client’s legal spend unnecessarily or building conflict to generate fees. Quite the opposite. Daykin Family Law has built its practice on giving pragmatic advice at every step with the client’s interest at the forefront, with options to keep costs down where possible and move to the end of the process efficiently.
Book an appointment with us today to start the conversation on how you can resolve your family law issues efficiently and cost effectively.
First published on 19 January 2017
