What If Your Ex-Partner Starts Court Proceedings?
It's a scenario none of us wants to face - the dreaded moment when your ex-partner decides to take the legal route and initiate court proceedings. It can feel like a missed opportunity to resolve issues amicably, outside the courtroom. In an ideal world, it's far better to retain control of the process, creating a dispute resolution strategy that suits both parties.
Consider adopting a positive and cooperative approach, such as the “Lawfully Uncoupling Program” offered by us. Our step-by-step online program empowers you with the guidance of an experienced family lawyer, ensuring your best interests are at the forefront while resolving your issues swiftly, efficiently, and cost-effectively.
However, once your ex-partner takes the plunge into court proceedings, the game changes. It can be a disaster for everyone involved, except for the lawyers who relish the adversarial process. Court proceedings come with strict obligations, tight timetables, and soaring legal costs, often reaching $20,000 to $50,000 or more. This can be for the initial stages of court proceedings only.
So, why does this happen, and how do they get away with it?
The court typically discourages lawyers from initiating proceedings without exploring settlement negotiations and mediation first. Still, there are exceptions.
Parenting proceedings, for example, require family dispute resolution (mediation) before filing, unless there are claims of violence or abuse.
Property proceedings demand mediation attempts as well, but compliance can be cursory, with little consequence to the eager litigator.
If you were offered the opportunity to negotiate and didn't seize it, don't despair. You can still take proactive steps in response to your ex-partner's legal move.
One approach is to regain the initiative. Make your ex-partner aware of the enormous risks and escalating costs associated with court proceedings, emphasising that there's little chance of achieving a better outcome through this path. Suggest putting proceedings on hold while you both explore a more sensible, fair, and successful dispute resolution process. This approach should resonate with them.
However, sometimes your ex-partner may be convinced that pursuing a court hearing will pressure you into submission, especially if they've hired an aggressive family lawyer. In such cases, you can choose not to respond with anger or fear.
You must follow the court's processes, including filing documents and providing disclosure of assets. There will be a first online appearance in court, leading to conciliation or private mediation for property matters. Parenting proceedings can involve various processes, child impact reports, and interim hearings, all of which can be challenging and costly.
But remember, you don't have to mirror your ex-partner's confrontational approach. Instead, seek the guidance of an experienced family lawyer committed to achieving a fair resolution in a cooperative and harmonious manner, with a focus on efficiency and cost-effectiveness.
Your lawyer can help you determine the best steps to take while keeping your financial situation in mind. If you can't afford legal representation, you may need to consider representing yourself with some background assistance from a lawyer.
Often, the best course of action is to cut to the chase. Propose draft consent orders and provide justifications along with supporting documents. When a matter is before the court, you can obtain consent orders from a Judicial Registrar without appearing in court. For property matters, you'll need to file a Financial Statement and a justification letter. For parenting orders, you won't need to provide justifications.
The key is refusing to engage in a bitter, expensive, and contentious battle that harms everyone involved, especially the children. By choosing a cooperative and reasonable approach, you can save costs and avoid unnecessary negativity. Be committed to doing things differently.
This is the modern way to navigate separation - efficient, friendly, effective, and cooperative. If you'd like to discuss your situation for a free opinion, don't hesitate to reach out.
