If the parties are unable to reach an agreement and the matter becomes contested, then one party will need to file an Application to the Family Court, seeking that certain Orders be made.
Once an Application has been filed to commence proceedings, the matter becomes litigated and will run its course through the Family Court, either being resolved (at any stage) by consent, or at the end of a Trial.
Court proceedings can be costly, stressful and time-consuming. Often, after lengthy proceedings, the overall outcome is not what either party wanted. This is why you may hear people saying that “nobody wins” in Court matters.
While proceedings should be the last resort, they can become necessary, whether due to a limitation period approaching or because issues simply cannot be resolved between the parties
There can also be issues about valuations, hidden assets, or allegations of failures to comply with pre-action procedures. Proceedings may become necessary because of distrust between parties.
In parenting matters, proceedings may be necessary where there are allegations of violence, or where the parties’ positions are vastly different.
If you are engaged in litigation in the Family Court, it is important to note that other options such as lawyer-based negotiation or Mediations in the remain available.