Litigation - Why Litigate?
Whilst there are many advantages of negotiating an agreement through dispute resolution, this is not always possible. Litigation may be necessary.
Reasons for litigation include:
- There may be family law issues requiring urgent action. For instance, only a court order obtained by commencing litigation will provide a party to the dispute urgent relief such as; an injunction restraining a person or entity to deal with assets (if there is a risk of the property pool available for division being depleted), or restraining a parent travelling with a child (if there is a risk the child travelling overseas will not be returned to Australia).
- A determination may be needed, due to the parties to the dispute not able to come to a resolution. Accordingly, litigation may be required to obtain an outcome that is in the best interests of the children or that is just and equitable.
- The Court is required to apply the rules of evidence and follow precedents in deciding matters. Whilst the Courts have discretion in deciding matters, parties to a dispute (if properly advised) can have some certainty of the range of outcomes regarding their family law matter if it were litigated.
- If the family law matter is determined by the Court, then usually there is an option to appeal the decision if an error of law is made.
- The end result of litigation will provide the parties with a legally enforceable document. Serious consequences can flow if either party does not comply with the orders of the Court.
WHERE TO NEXT?
Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?