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The breakdown of a marriage can be overwhelming. It can be hard to think about how to move forward. This is especially so if your family law matter is complex. If you have a complex family law matter, you should consult a family law solicitor as quickly as possible, because particular considerations apply to cases before the court that involve difficult asset or child custody arrangements. These are best managed by an experienced family law lawyer.
What makes a case complex?
Family law matters that have extenuating circumstances, and do not fit the general criteria for settlement, will generally be considered complex. Unfortunately, family law is not a one-size-fits-all, and cases that may appear routine can become complex due to the behaviour of one or both parties. This means that combative behaviour by either party can cause the complexity of the matter to escalate.
While the conduct of both parties can have an effect, there are other factors, such as a complicated asset pool, or custody matters involving the relocation of children, that can also escalate complexity.
If you answer yes to any of the following questions, your case may be considered complex, and it would be in your best interests to seek advice from a very experienced family law lawyer as quickly as you can.
Areas of Law
What is an asset pool?
The asset pool includes all property and assets within the marriage, including but not limited to, cars, real estate, businesses, companies, trusts and superannuation. Complex cases generally have a large pool with multiple assets. A family court settlement will usually involve the settling or transfer of assets and liabilities. Consideration must be given to the financial impact on the parties, including capital gains tax, of such settlements.
If the value of assets is in dispute, or it appears that one party is attempting to reduce the value of the assets within the pool, a forensic accountant may be engaged to track missing assets and income.
Consent orders for children
As a general rule, the relocation of the children will usually be regarded as complex, due to the fact that both parents will have opposing positions and may be unable to come to an agreement. The Family Court looks at a variety of factors to evaluate the best solution for the custody of children. A psychologist report may be required to assess the mental health of one or both parents, along with their capacity to properly care for their children.
What to do next
A complex family law matter may involve experts such as forensic accountants, psychologists and/ or psychiatrists, tax professionals, valuers, financial planners, and any other expert advisors the court deems necessary to bring the matter to an equitable conclusion.
If you think you may have a complex family law case, it is important to get expert advice as soon as you can. When you first meet with your lawyer, be sure to ask how much experience they have with complex family law, and what strategies should be undertaken to ensure the best outcome for you.
Queensland Family Law Practice is well placed to help with your complex family law matter. We offer a team of senior family law lawyers, under the direction of our director, Tracey McMillan, who has over 20 years of experience in all areas family law.
If you feel overwhelmed, please don’t! Take advantage of our free ten-minute consultation with an experienced lawyer today.
Our Lawyers
Please feel free to read about our people who will help you throughout the application for divorce and manage your family law matter. Our team will try to give you a little insight into what is important to them so that you can best select the family lawyer team that is right for you. Check out our family law information or book a reduced rate consultation to discuss your family law needs.
