How to Resolve Property Disputes Out of Court

with No Comments

Reaching an early agreement about the division of your property following a separation can save time, stress and money. Both parties are required to make an effort to explore options for settlement prior to going to Court.

What are my obligations before going to Court?

The Family Law Rules require you to genuinely attempt to resolve your dispute prior to going to Court. Parties have an obligation to exchange information which verifies their respective financial situations including exchanging copies of bank statements, superannuation statements and tax returns. If you have to go to Court, there will be an expectation that you have tried to pursue an outcome that is realistic and in a fair and quick manner.

What are the alternatives to going to Court?

There are a number of dispute resolution services available to you. Our lawyers can help you choose a process that best meets your needs. One of the most popular methods of resolving family law property disputes is mediation. In Canberra there are a number of family law practitioners who are also trained mediators. Their specific skills and experience can be a powerful tool to help you find a solution.

Two of our Directors, Julie Dobinson and Phillip Davey are qualified mediators and have specific expertise in performing private mediation in family law matters.

What are my options if Court proceedings are already underway?

You and your partner can reach agreement during any stage of a Court process and we can talk to you about your options. In family law property matters, one of the steps the Court will take is to require that parties participate in private mediation or a mediated court event called a Conciliation Conference.

You have the choice to resolve your matter at any time without going to Court. We can discuss the best option for you to achieve an out of Court solution that best meets your needs.