From divorce and spousal maintenance to child custody and visitation rights, Australia's family law intersects with almost every aspect of family life and relationships. But it's important to debunk a common myth about how the family law system works. Many people believe that family law cases can only be resolved through the pursuit of court action. Yet, the best first step of any family dispute resolution process is trying to settle a dispute outside of court.
Read on to acquaint yourself with the benefits associated with settling out of court.
Fast resolution of disputes
Family fights can be pretty horrifying. The last thing you'd want is for your case to take too long to finalise while you await a judicial remedy. If you go to court, your case may drag on for months or even years before the judge can reach a final decision. The truth is, you can never tell when your case will end.
Settling out of court presents you with the flexibility required to expedite the resolution of your family law matter. While the general principles of the law still apply, any challenges that may slow down the dispute resolution process can be addressed amicably.
As a result, you can arrive at a settlement and move to the next stage of life faster than you'd receive a settlement in a court.
Savings on courtroom costs
While taking the out-of-court settlement route costs money, it may not be as expensive as going to court. Lawyers generally charge their clients based on the amount of time they spend in court. If your case takes too long to finalise, you may ultimately owe your lawyer huge amounts of dollars.
Settling out of court can help avoid courtroom costs that could leave you struggling financially.
Privacy is maintained
One of the major disadvantages of court settlements is that settlements are made public. Settlements of filed cases could be available in a database that anyone can access and retrieve information from.
If you're looking to escape public scrutiny, settling out of court is the best course of action. To ensure out-of-court settlements remain private, a confidentiality clause is crafted barring parties to the settlement from going public with the information.
While settling out of court can be beneficial to your case, it may not be appropriate in every situation. Talking to a family law solicitor beforehand can help determine the best approach to take.
