Sometimes, you may have no choice but to enter our court process (i.e., when you have been served with a Notice of Family Claim). You may have exhausted attempts to engage your spouse in out-of-court processes like mediation, collaborative family law, or settlement discussions.
Even if you find yourself in the court process, do not panic. We can support you through the various twists and turns. The court process can be broken down into these basic general steps:
A claim is started
Exchange financial disclosure in the form of a comprehensive outline
Attend a settlement case conference before a master or judge
Exchange documentary evidence
Obtain oral evidence
Trial
From the commencement of a claim until a judge grants a final order on the matter, you and your spouse can decide to settle. In fact, most family law cases settle in advance of trial.
From the commencement of a claim until trial, you or your spouse can bring urgent or non-urgent applications to deal with interim issues, such as
Seeking a preservation order (such that one party is not allowed to dispose of, transfer, or sell any property without further court order or the parties’ agreement)
Seeking an order for non-removal of a child from a particular jurisdiction
Seeking an order to deal with interim parenting issues (such as parenting time, allocation of parental responsibilities, child support)
Seeking an interim order for spousal support
Seeking an order for exclusive occupancy of the family residence (in other words, for the other party to move out)
Given the costs of trial and the court process in general, it is important to weigh the value of taking (or not taking) certain steps and keep in mind that the end goal is to come to an equitable resolution.