FAMILY LAW FREQUENTLY ASKED QUESTIONS
We have an amicable separation – do I have to go to court?
Most matters resolve without the need to utilise the court system to reach a decision regarding parenting and/or property. These matters are resolved by “consent”. Consent can be reached through a variety of processes.
Counselling can assist to work through matters relating to parenting and other issues arising from separation. Counselling is sometimes used to assist parents to ascertain the views of the children about living arrangements, or to help separating parties talk through the practicalities of separating assets.
Can occur informally by discussing settlement options with the other party directly, or through lawyers. Negotiation can involve communication via written correspondence or telephone with the aim being to resolve the matter without the need to proceed through the court system.
A mediator is an independent third party who is “neutral”. Mediators can be engaged directly by you or engaged through a lawyer – meaning that your lawyer will also attend the mediation. If your lawyer does not attend the mediation you can contact them following the mediation and advise them of the result – engaging them to draft up the agreement so that it can be formalised.