Is taking your matter to the Family Court really the only answer?
It might be, but then again it might not be.
Cryptic we know.
Let us tell you from experience, the only thing you will get from Court is finality as well as a large bill for legal fees.
Of course we understand there are matters that simply must go to final hearing, but before you decide court is your only option, consider what we have to say.
Advantages of going to Court
1. You know your matter will move forward.
2. A timetable will be set, which parties have to comply with (time in the court system will confirm this timetable can be flexible).
3. A hearing day will eventually be allocated.
4. Someone will make a decision.
Doesn’t sound bad does it, trouble is, will you get the outcome you seek or need? Probably not, with the decision not remotely resembling what you wanted.
Going to court, most people would agree is a bit like slamming your fingers in the top draw of your desk and waiting for the pain to subside, which it will in due course.
Disadvantages of going to Court
1. It is expensive, with costs ranging from twenty to fifty thousand dollars or more.
2. Whilst a decision will be made one day, it can take time, with some matters taking two years (or longer) to be finalized.
3. A third person that knows almost nothing about you and your ex partner will make a decision on what to do with your property and children.
4. It is time consuming. There will be numerous court appearances you will be required to attend.
5. Emotionally the experience can be draining and damaging to your health, work and maybe even new partner in your life. Often new relationships do not withstand the rigor of Court.
6. At each court appearance you will be confronted with your ex partner, which may or may not go well.
7. Long days in Court with nothing happening can be dreary.
8. You cannot focus your attention on moving on with your life as Court often consumes people.
9. It can be confronting.
10. Your life will be examined inside out.
This is not an exhaustive list and only given as an example of what might happen at Court. Each case is different. Your experience might be a better one than the doom and gloom predicted by us. Most people we have encountered did not like the experience nor did they think the outcome was worth it.
In fact, a lot of people likened the experience as being tied to a wooden pole naked. beaten senseless and eventually being released with a pair of socks as well as several insults, while having to pay a fortune for the experience and outcome.
Who is to blame for this?
No one and everyone, with the people working in the system trying their best to make it work for the people who need to use it. A shortage of funding for the Court means a shortage of people to hear cases, thus the backlog starts.
The ‘beating’ you will suffer along the way will mostly come from your ex spouse who will have nothing nice to say about you. Years of hurt will be unleashed by everyone.
What is the alternative?
Believe it or not there are alternative options available.
A movement has taken momentum called Collaborative Law. It is about focusing on outcomes both parties come up with as opposed to slogging it out in the Court arena.
According to Lawyers who practice in this area it empowers people if they have control over the outcome, ultimately leaving people feeling much better about the separation process. During this process additional professionals including psychologists, financial planners and accountants are consulted to assist in coming up with workable solutions in both property and children disputes.
Of course you do not have to use a collaborative lawyer; you can ask your own lawyer for other options, including mediation. Or you can simply start by consulting a financial planner or your accountant to find out what it is you need to move forward instead of going to a lawyer to ask ‘what am I entitled to’.
Final words
Before you storm off to find out what you are entitled to and start the usual war of words between solicitors take a moment to step back. Think what, if anything, this will achieve as well as how it will impact on your life over the next few months/years, then see if there are other avenues open to you. Perhaps it is time to take the road less travelled.
Whichever way you go come back to visit our site to see if there are other posts that might help you along the way.
Good Luck
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