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Garner Canning - Family

Family

Alternatives to Court - FAQ

I want an amicable settlement. Are there alternatives to going to Court?

Yes, Court Proceedings should only be considered if other attempts to resolve your dispute have been unsuccessful or you are advised that other options are not suitable due to your particular circumstances. You can attempt to resolve matters in any of the following ways:

 

Direct discussions

You can try and discuss issues with your former partner or spouse directly.  If you feel that this is something you want to try, we would always strongly advise that you consult with a family lawyer who can offer you professional advice and guidance to help you along the way, especially to consider whether a Court Order is needed to ensure your agreement is legally binding and where appropriate, achieves a financial clean break, ensuring neither of you can make future financial claims against one another.

 

Negotiations through lawyers

In many cases, matters can be resolved through lawyers, usually by corresponding and without going to Court.  If you require our advice in relation to an appropriate  financial settlement, we will ask that both you and your spouse provide a full schedule of financial disclosure detailing income, assets and debts. At Garner Canning, we encourage lateral thinking during negotiations by keeping the focus on the solutions rather than past problems in order to achieve a fair outcome.

 

Mediation

Mediation is recognised as being a more cost-effective route to achieving settlement of a dispute.  Mediation is a process in which a professionally trained and neutral third person assists separating or divorcing couples to reach their own agreed and informed decisions in a safe, secure and confidential environment.  The mediator does not take sides and does not offer legal advice, but is there to identify those issues you cannot agree on and to help you try to reach agreement.  A referral can be made to a suitable mediator and our lawyers can advise you through the process.  If an agreement is reached through mediation, your family lawyer can then prepare a financial Order or agreement to ensure that you and your former partner or spouse are legally bound by the agreement reached.