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The impact of COVID-19 on Family Law Matters

HomeEducationalThe impact of COVID-19 on Family Law Matters

Last month has seen a dramatic change come into our life. This changes our way of living like how we live our lives: what we eat and how we get the food, whether we can socialize with friends and relatives, if we’re going out to work and how much we’re out with the dog.

Virtually every aspect of daily living has changed in some form or shape. One thing that hasn’t shifted, however, is that controversies over family law still need to be resolved.

But don’t think of this disaster scenario, family lawyers Brisbane will help you to respond to your concerns.

Family Lawyers Brisbane discusses some of the questions you may have about the effects of COVID-19 on family law issues in this blog, in the midst of the coronavirus pandemic.

How can you help me

The first question most clients generally have for a lawyer is

How can you help me?

This says what the legislation will do for them. After the Covid-19 pandemic broke out ‘Will you help me? ‘It has so many perspectives: how actually law helps them at the time of crises? and even law is still in power? or they are working for us in a lockdown situation?

The Brisbane Family Lawyers is recognized as one of the fundamental pillars of a successful and productive society, the idea that each person is subject to the law, its guiding principles, and its restrictions. For such a reason, the government has put in place measures to ensure the judicial system continues to function despite the Covid-19 clutches of the nation.

Following the closure of a large number of courthouses, electronic work that has been done rapidly over the past fortnight ensures that the legal system and family courts remain open for business.

What can you do about our Divorce case?

Our latest research has shown that since the lockout, divorce cases launched via the web registry have been released and advanced. However, with the reduction of available judges and significant practical difficulties for administrative staff working remotely on these sensitive matters, it can be assumed that cases of divorce will be severely delayed.

How about plans for our kids?

According to the administration’s guidance, where a child’s time is divided between two parents, the child will continue to see both parents subject to any general limitations that could circumvent existing arrangements. The overriding importance of a child’s wellbeing will now be analyzed through the prism of the wellbeing of the broader community.

Parents have been encouraged during this tough period to use common sense, cooperative approach to agreements but it is not always feasible for parents to resolve agreements themselves (for a number of reasons). Where that is the case, the law can be applied either by instructing lawyers to discuss and resolve disputes or by appealing to the Family Court. This is clear that any decisions, whether taken jointly between parents or enforced by a court, would need to satisfy two scenarios: transitional measures for the time before the ‘lockdown’ ends, then, if possible, returns to normal the longer time after existence. The latter may not currently be conceivable, so that the plans may need to be reconsidered further down the street.

What’s happening regarding our financial settlement?

In concept, a financial settlement may continue to be negotiated and then settled during this difficult period. A significant number of settlements are negotiated by consensus, and in no case do they require a court date hearing. There are, however, two major issues commonly arising at the moment in relation to financial settlements. The first problem is with enforcing financial settlements in practice. Through a court order, a contract is formalized.

Violation of a court order is an extremely serious issue and fines are imposed for doing so. Difficulties may occur where the terms of a settlement clearly cannot be given effect. For example, if an order specifies that a property should be sold within three months, considering the closure of the offices of estate agents and the limitations on viewing properties resulting from the limits on gatherings of more than two individuals, it might be difficult to achieve a sale.

In certain situations, the problems may be solved by searching for expert evidence or drafting fallback provisions into any settlement. In a few cases, however, it may be more prudent to delay the negotiated deal by a few days until a longer-term perspective of the markets can be taken.

Summary

From the advice of family lawyers Toowoomba & Brisbane, the current practical knowledge (at time of coronavirus pandemic) of the team, it is clear that divorce, financial issues, and matters involving private children are not current priorities of the courts. We don’t know how long this uncertainty will last and we also have to face the facts that there will be a backlog and a legacy of delay even if the restrictions are lifted.

If you would like some more advice please do not hesitate to contact one of the Family Lawyers Brisbane. We operate remotely and can hold hearings and meetings via a video connection. Since social distancing is critical at this time for managing pandemic situations. Courts are closed but hearing proceedings will be performed in urgent need.

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