“Do you want to take your own children for a holiday to Disneyland, or pay for your lawyers to take their children there?”
“Do you want to take your own children for a holiday to Disneyland, or pay for your lawyers to take their children there?”
I have heard an enquiry by the judge in court along these lines, after he was told what the parties had spent on legal costs. The costs were horrendous, and far more than the parties could afford.
It is a warning to people going through a separation. Separation is a difficult and traumatic event for many people. It gives rise to many negative emotions such as anger, fear and mistrust. Parties are asked to make important decisions relating to their finances and children in order to “uncouple” their relationship. It is extremely easy to get caught up in the emotion and lose sight of common sense and practicality. The parties often feel they need for some kind of vindication and victory in court. They don’t get it.
Court proceedings can cost $10,000 to $20,000 to get to the first stage. The costs increase to $30,000, particularly if there are interim proceedings and where the parties are sent to private mediation. Thereafter the costs escalates so that parties currently in the Federal Circuit and Family Court of Australia and participating in a final hearing have probably spent between them $200,000 to $1M in legal costs and disbursements. It is not exactly a pleasant experience for anyone, except for the lawyers, and often has a dreadful impact on the parties’ finances, their emotional welfare and that of their children.
Why would anyone choose to take such huge risks by taking part in such proceedings? Sometimes they have little choice, because the other party has commenced the proceedings or refuses to respond or be reasonable, or if there is dishonesty, intimidation or a variety of other problems. Most lawyers are responsible. But it is the case that many parties are only in court with the active participation and encouragement of their lawyers, who make most of their fees from court proceedings.
So why choose court proceedings? Only do so as a last resort, after trying all other means of dispute resolution. Choose a wise and experienced family lawyer, with your best interests at heart, who will make every effort to keep you out of court. If that is not possible, your lawyer will take part in the court proceedings in a responsible way and seek to compel a resolution and get out of there as quickly as possible.
If you want a much better way of resolving family law issues than in court, one which is more successful, as well as quick, effective and a fraction of the expense, and also quite a pleasant and satisfying experience overall, please contact me and I will show you how.
Andrew Corish, Modern Divorce Solutions. Creator of the “Lawfully Uncoupling” process. Accredited Specialist Family Lawyer.
Call 02 8075 0141 or email andrew@moderndivorcesolutions.com.au.
