Do I have to go to Court?
In short the answer is no. However, the Court can be a useful tool to progress your Family Law matter towards a settlement. If the other party to a property settlement or a parenting matter, either will not negotiate or respond to you, or you simply cannot reach agreement with the other party, then it is best to commence proceedings in the Federal Circuit Court of Australia with undue delay.
The Court can make orders and directions which will assist the resolution of your matter, such as orders for disclosure, valuations and that you and your former partner attend a mediation or conciliation conference. The Court has the ability to enforce such orders and even penalise a party who has not complied with their obligations.
"Going to Court" should not be viewed as "going to trial". Only about 3% of Court matters go to trial. Rather, going to Court should be viewed, when necessary, as an effective tool to assist you to finalise your family law matters. It can be the case that the commencing of Court proceedings is cost effective, compared to being involved in protracted and unfruitful negotiations outside of Court.
If you have been trying to negotiate with your former spouse and you are not getting anywhere, contact Springwood Lawyers to help get your matter moving.