That might be true, and negotiating an agreement certainly has many advantages, but it is not always possible.
Some people are unwilling to negotiate, or they take provocative steps, with money and children, which leave the other party with no option but to go to court.
Trying to find creative solutions can take many months of emotions and thousands of dollars spent on legal fees without advancing your case.
Ultimately, there are only two ways a dispute can be resolved;
Going to court does not mean you are closing the door on negotiation and reaching an agreement.
That option is always available, and it is encouraged and requires before initiating applying to the court and throughout the entire process.
Most people do not know that of 100 cases that start in the Family Court, only approximately 7 are ultimately determined by a Judge.
The other 93 settles.
Litigation provides urgent relief
By initiating application at court, you are actually telling your former spouse that you mean business.
If there is a risk that the property pool may be depleted, or there is a risk that a child will not be returned if he/she travels overseas, immediate action may be needed.
The outcome of the litigation will provide you with a legally enforceable document.
Non-compliance with the Court order will have serious consequences to whoever does not comply.
Family law matters can generally be divided between issues relating to property and those relating to parenting.
In both areas, people make mistakes that can easily be avoided.
Let’s consider the following:
As I have said before,
litigation might be unavoidable and necessary to reach an outcome.
However, there are certain pitfalls that you must be aware of, such as
Any form of litigation is expensive. Don't dive cold when you don't have to.
The courts have limited resources and it can take up two years from filing your Initiating Application until you obtain a final determination by the court.
the outcome is never certain
There are no mathematical formulas for working out what the outcome will be. Judges have an inherent discretion when considering your matter and deciding on final Orders and directions. and, because of this, it is impossible for anyone to predict with absolute accuracy what the outcome of such proceedings will be.
You need to consider the potential pressure and the emotional toll litigation can have on you, as well as the fact that litigation can be destructive for any post-separation relationship with your ex-partner.
This could have a significant impact on parenting matters.