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Interim issues

Interim issues

Interim issues here means anything that does not deal with the matter as a whole. Such issues can result in argument, solicitor involvement and court involvement and this can be wasteful and expensive. It can also affect the kind of cooperation that might help resolve a family law matter more efficiently and cost-effectively – see Cooperation.

Interim issues are often unnecessary and often based on misunderstanding.

The most common example of an interim issue is where one party feels unable to meet a continuing expense after separation without assistance from the other party and the other party is disinclined to help.

Misunderstanding about interim issues can arise from the general proposition that applies in most family cases – that, in an unresolved family law matter, there isn’t so much ‘his’ or ‘her’ assets so much as a pool of net assets (made up of the assets and liabilities of both parties) available for distribution between the parties under family law (section 79(1)(a), Stanford, Bevan, Biltoft, Pastrikos, Lee Steere, Hickey). This can often mean that there is little point arguing (and potentially losing cooperation that might assist in resolving a matter efficiently and cost-effectively – see Cooperation) about who pays expenses in a family law matter because it generally makes little difference who’s bank account has been reduced by an expense payment because, under family law, all assets and all liabilities of both parties are added before distribution.