Pre-filing family dispute resolution for financial disputes: Putting the cart before the horse?

Abstract

The Labor federal Attorney-General's plan, announced in May 2010, to extend the pre-filing requirement to attend family dispute resolution from parenting disputes to financial (property and spousal maintenance) disputes has encouraged us to think about the assistance currently available for separating parents who seek help to resolve financial issues. Our review of services currently available suggests that, despite the key significance of financial issues for separating parents, sources of assistance on these issues across the family law system are limited and where they do exist are usually issue-specific (eg, child support), are available once a dispute has already crystallized, and primarily relate to the administration of policy rules and legislation rather than providing advice and support. We suggest that for the current position to be improved and the risk of unjust outcomes following any future introduction of compulsory family dispute resolution for financial disputes reduced, further consideration needs to be given to the diverse financial issues faced by separating parents and the range of skills likely to be needed within the sector to help resolve them. Show more