Family Law
Family law clients can be preoccupied and in emotional distress. They require particular care for the best outcome and to avoid claims.
Just as you can’t rely on bank account details in external emails from clients and others, it is also risky to rely on payment directions in emails from people within your office without phone verification. A matter recently reported to LPLC highlights the risks in relying solely on emails, particularly in today’s increasingly remote working environment.
Drafting and advising on financial agreements can be fraught with difficulty, particularly if they are pre-marriage agreements. Drafting errors and lack of communication about the legislative requirements causes errors when drafting these documents. Failing to adequately advise on the advantages and disadvantages of a proposed financial agreement, or not documenting the advice are the main causes of claims we see in this area. The section contains detailed information about common errors and how to avoid them when advising on and preparing financial agreements.
Property settlements in family law are a constant source of claims The mistakes include simple errors in consent orders, failing to advise clients about how to protect their assets, delaying lodging orders, not addressing superannuation properly and more.
Child support issues make up a small portion of our family law claims and mostly centre around drafting errors in child support agreements and delays in dealing appropriately with those agreements.