Kiddipedia
Going through a separation is difficult, especially if kids are involved. It can get messy, sometimes spiteful, not to mention emotionally challenging for all who are involved.
There are benefits to putting your differences aside and trying to settle out of court if you can.
Here are some of the key ones.
Rising fees
Last year, there were concerns over a bill that proposed the merger of the Federal Circuit Court and the Family Court, with worries about increased costs, stress, and delays for families (See note 1 from the Law Council of Australia).
Six months later, unfortunately, some of these concerns have been justified, with an average 30% rise in legal fees since the merger due to changed processes and additional steps involved in pre-action procedures. Seeking legal guidance from experienced family law firms such as Cooper Grace Ward Lawyers can help you understand your options and navigate these changes efficiently.
A non-profit firm such as New Way Lawyers can also assist with settling both in and out of court for less. However, settling out of court will generally always cost less.
Decrease the stress on your family
A break-up is often hardest on the kids and dragging them through a separation and custody battle can put a lot of stress on them. Settling privately and trying to keep the peace can be best for their mental health. Make sure you ask them how they are feeling and if they want to speak to a counsellor to help them through this time. Lots of couples struggle to put their own emotions aside and instead of doing what’s fair can take swipes at each other which can impact the kids and draw the costly process out for longer.
Greater Certainty
No one knows and understands the needs of your family and individual situation better than you. Resolving issues amicably means the individual needs of family members can be considered and better accommodated. There is less ability for the Court to fully understand and accommodate the varied needs of all family members.
Quicker outcomes
The court process can be slow. Once an application is filed with the Court it can take up to 8 weeks until the first court appearance, and the whole Court process can go on for 1-2 years before a final resolution is achieved. Resolving matters amicably is much quicker. Mediation can be arranged with minimal waiting times, allowing everyone to move on sooner.
Seek free advice
Before you start any family law processes, consider jumping onto the Lunch with a Lawyer Facebook group. This is a free group by New Way Lawyers that allows you to ask your legal questions for free. That way you can be pointed in the right direction before you spend a cent.
About Carolyn Devries
Carolyn Devries is the founder of a non-for-profit law firm called New Way Lawyers that specialises in domestic violence and family law.
New Way Lawyers is Australia’s first non-profit law firm. 12 years ago, New Way Lawyers was established with a non-profit structure to offer Australian’s an alternative approach to family law, whereas most family law firms structure their business model around generating profit. Founded by Carolyn Devries, New Way Lawyers provide full family law advice and representation based on the principles of excellence, care, accessibility and innovation.
