What are your options to reach an agreement in your family law property or parenting matter?

There are six different ways to resolve your parenting or property matter. You can choose just one or a combination to reach an agreement with your spouse (or get help from the Federal Circuit and Family Court of Australia).

1. Kitchen Table

This is exactly how it sounds; you sit down together around the kitchen table and work out what you what you are going to do, together. You may or may not formally document your agreement.

2. Mediation

With the assistance of a mediator, you work through what’s important to you both and reach an agreement. Mediation can be with or without lawyers. Your mediator may prepare a parenting plan for you which isn’t binding but provides an outline to move forward.

3. Lawyer assisted negotiation

A lawyer can help you negotiate an agreement with your spouse and then formalise it with the Courts by way of Consent Orders. This can be done after a mediation or kitchen table agreement or with the lawyer negotiating with your spouse’s lawyer.

4. Collaborative Practice

Collaborative Practice involves family lawyers and other trained professionals that allows parties to negotiate a settlement through a series of meetings to reach their identified goals. 

5. Arbitration

This occurs once Court proceedings have started and the parties choose (in property matters only) to have a trained arbitrator determine their case rather than a Judge. The decision is binding on the parties and follows the legal process of giving and preparing evidence but has the advantage of being faster and more cost effective than waiting for the Federal Circuit and Family Court of Australia to allocate a hearing date. 

6. Litigation

Parties go to the Court and a Judge determines the issues in dispute. The parties prepare and give evidence, often over a number of days before waiting for judgment to be delivered. This is the most time consuming and costly pathway and the decision making control lies with the Judge only. 

To find out more about family law pathways telephone Alison on 02 6393 9200 or email bsl.familylaw@blackwellshort.com.au.

“Liability limited by a Scheme approved under the Professional Standards Legislation. This article does not constitute legal advice and provides general information only.”