Family law: the advantages of coming to an agreement

Date: Oct 19, 2015

Family law proceedings, including matters of divorce, can be difficult enough as it is without significant disagreements.

One of the areas that can cause a substantial amount of strife relates to financial settlements, as both you and your former partner will need to come to an agreement about how to best split property. 

The advantages of coming to an agreement

In many cases, if you and your former partner are able to come to an agreement instead of taking matters to court, you will find a number of advantages.

1. Easier decision making

As you are not going through the courts, any decisions you and your former partner make are the result of your own negotiations.

2. You can reduce the cost of legal proceedings

Legal proceedings can be expensive, and by avoiding the court process you can usually eliminate this cost. You can also reduce the emotional cost of a protracted court case.

3. You can develop a clear line of communication

Having an open dialogue with your former partner is always a useful course of action, especially if there are children involved. By not taking a case to court, you may find it easier to have conversations with your former partner in the future.

Financial agreements are usually the most appropriate course of action to agree on how to divide property without court action, or an agreement that's formalised by applying for consent orders. In this case, you would ask a court to make orders under the terms of your agreement. You can make these agreements either before, during or after a marriage or even a de facto partnership.

What happens without an agreement?

In many cases, you and your former partner will find it's necessary to take your case to court if you are unable to reach an agreement. While matters will end up being decided by the Court, there is the issue of waiting for a judicial officer to actually make these decisions.

Of course, there is also the chance that protracted court proceedings will add further stress and prevent you from moving on. So, it's clear that there are benefits of attempting to come to an agreement before taking matters to court, but this is not always achievable. 

To learn more about any matters relating to family law don't hesitate to reach out and contact expert and professional family lawyers today.