3 things to do before going to family court

Before commencing action in the Family Courts, you must comply with pre-action procedures i.e. try to settle outside Court

Pippa Colman, Founding Director of Pippa Colman & Associates Law Practice

When clients come to us after a separation, they want advice and an end to all their problems. We offer them a range of solutions.

Talk costs nothing.

It’s best to have an agenda e.g. Who is going to move out? If we stay together in the house, what are the rules for our living together? If one of us moves out, how do we fund a mortgage and renting? How will we divide the children’s time?

Have the first conversation in a safe place e.g. a coffee shop on a Saturday morning with lots of people around you.

If talking does not solve the problem, then write.

Define the problem and offer a few solutions e.g. “I want to work out our property settlement. Here is the list of our property and debts with values. Can you tell me how you would like to divide the property so we both get about the same? I want the house at Moffat Beach which my granny left me.”

We recommend that our clients write the first letter, because some people see involving a solicitor as a declaration of war. (It’s not.)

If writing does not solve the problem, then try mediation, a dispute resolution process which helps couples who can’t work it out themselves.

The mediator won’t take sides.

They won’t make the decisions for you.

The mediator is a neutral person who helps you stay on track, generate options, and keep you working to a solution which works for both of you.

If you have talked, written, and mediated and still don’t have a solution, then come back to us.

We are required by the rules of Court to follow “pre action procedures” before going to Court:

- Invite the other person to dispute resolution

- Agree on a dispute resolution service and attend the service

- Give notice of what is in dispute and your proposal (in lawyer speak, the orders you want made), and offer of settlement and a time frame for reply

Mostly the other person replies, and the dispute will settle by the parties or their solicitors speaking or writing to each other or going to mediation.

But if your ex does not reply or negotiate, you may have to go to Court. That should be your last option.

Pippa Colman is the founding director of Pippa Colman Associates Law Practice

Originally published as 3 things to do before going to family court