Over the past few weeks, there has been significant media attention on the rising cost of family law disputes. The stories are confronting. Families are spending hundreds of thousands of dollars. Assets are disappearing into legal fees. Years of litigation. Children caught in the middle. (ABC News)
As someone who has practised exclusively in family law for more than two decades, I don’t read those stories with surprise. I read them with sadness.
No one gets married expecting to end up in court.
Yet when relationships break down, people are often navigating one of the most emotionally difficult periods of their lives. Fear, grief, anger and uncertainty can make even straightforward decisions incredibly difficult. Unfortunately, those emotions can also make disputes longer, more complex and significantly more expensive.
The public conversation often focuses on legal fees.
But in my experience, legal fees are often a symptom rather than the cause.
The real drivers of cost are usually:
- unresolved conflict;
- lengthy court delays;
- repeated interim applications;
- inadequate disclosure;
- unrealistic expectations; and
- parties becoming entrenched in “winning” rather than solving the problem. (Parliament of Australia)
Every additional affidavit, valuation, subpoena or court event adds cost. Every month, a matter that remains unresolved increases not only the financial burden but also the emotional burden on parents and children.
That doesn’t mean lawyers have no responsibility.
We do.
Good family lawyers should not simply prosecute conflict. We should actively manage it.
That means:
- giving clients realistic advice, even when it is difficult to hear;
- identifying the issues that genuinely matter;
- encouraging sensible settlement opportunities wherever appropriate;
- avoiding correspondence that generates more heat than light; and
- remembering that every dollar spent on litigation is a dollar no longer available for the family’s future.
Of course, some cases genuinely require litigation. Issues involving family violence, child safety, serious financial misconduct or entrenched non-compliance cannot simply be negotiated away. The court exists for precisely those situations.
But many matters could be resolved earlier if the focus shifted from positions to outcomes.
One issue that deserves greater attention is access to justice.
Recent changes limiting eligibility for Legal Aid in many parenting and property matters will inevitably leave more people attempting to navigate an already complex system without representation. At the same time, court filing fees have increased again from 1 July. These changes raise important questions about whether the justice system remains accessible for ordinary Australian families. (Legal Aid NSW)
As a profession, we should continue asking ourselves an important question:
How do we help families achieve better outcomes, sooner?
Because success in family law should never be measured by the length of a trial or the size of a costs agreement.
It should be measured by helping families move forward with dignity, preserving what they can of their financial future, and protecting the well-being of the children who did not choose the dispute in the first place.
The legal system cannot remove the pain of separation.
But all of us working within it have a responsibility to ensure we do not unnecessarily add to it.
If you’re facing divorce, you don’t have to face it alone. At Barker Evans Lawyers, we’ll guide you through with strength, clarity, and compassion, so you can move forward with confidence.
If you want expert family law advice from a leading family lawyer, please contact the team at Barker Evans on (02) 8379 1892 or info@barkerevans.com.au.