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Why You Won’t Like Going to Court


You won’t like going to Court unnecessarily in order to reach an outcome with your partner, whether that be about dividing your assets and reaching an agreement in relation to “custody” of the children —who they live with and how much time they spend with the other parent. Put simply, in going to Court:

  • You have control over nothing.
  • There is the feeling of endless legal bills.
  • There are no certainties or guarantees over anything—the legal fees, the outcome or what your partner might say about you and your extended family.
  • You are handing over control to a stranger to make life-changing decisions on your behalf.
  • You probably won’t like how long things take and the delay. From the start of proceedings until a trial, it may take you anywhere between 12 months to two years for your case to be finished. The Judge’s decision once a trial has happened may take anywhere between a few months to two years or more to be handed down. In that timeframe, you’re left in limbo without a resolution of your family law matter.
  • There can be mudslinging that goes on. Some lawyers and their clients consider it appropriate, worthwhile and beneficial to throw mud at the other party in order to succeed in Court. Whilst not all of the mud might stick, it can nevertheless be hurtful, nasty, completely inappropriate and unnecessary.
  • You may have to take time off work and attend Court unless you’ve been excused.
  • It can be emotionally draining and stressful, not only on you but your family members and support network.
  • Your spare time will be taken up gathering together what feels like endless financial documents and reviewing your Affidavits and responding to your partner’s.
  • You’ll be aware that there are alternate process options that are much faster and more affordable and significantly less expensive than litigation lawyers’ fees. A good lawyer will talk to you about these options and guide you through the separation process.

We can assist in this regard and provide you with independent legal advice to help you reach an agreement with your partner without going to Court. Call us today on (02) 6100 3629 for an appointment.