Going to court to resolve
Most lawyers will advise you to avoid court if possible. In some circumstances however this is not possible. This can be for a number of reasons:
- The other party simply will not engage in the process;
- The other party engages in the process but fails to abide by their duty to provide full and frank financial disclosure;
- Negotiation or mediation has failed due to an issue that cannot be resolved other than by determination by a Judge.
Where court proceedings are necessary you will need to have attended mediation if the matter involves parenting. Once court proceedings commence it can be a number of years before a trial is reached and a judge actually hears the case and makes a determination. Fortunately most matters do not make it to a final trail and agreement is reached between the parties beforehand and the matter settled.
Most definitely! Most matters do not require you to attend court. Mediation can be arranged and when agreement is reached it can be lodged with the court without either party actually having to attend court.
This is by far the most common way matters are resolved and is definitely our preference as it saves considerable cost, both financial and emotional.