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11 April 2013 What prevents people from being able to reach an out of court settlement?

By Caroline Bass, Senior Associate


IN BRIEF - WHY ARE PEOPLE UNABLE TO REACH AN OUT OF COURT SETTLEMENT?

The two main reasons why seperating couples are unable to reach an out of court settlement are unrealistic expectations and decision making being clouded by emotions.
 


UNREALISTIC EXPECTATIONS

When one party has unrealistic expectations about their entitlements, responsibilities and obligations it is very hard to reach an amicable settlement. These kinds of unrealistic expectations are usually based on myths and advice from friends. It is recommended that each party receive independent legal advice from a family law specialist and that each party listen to the advice being given to them by such a specialist. Family law specialists provide clear and thorough advice. They are experts in advising parties on what their entitlements under the Family Law Act are and can ultimately help parties reach an amicable settlement faster without the need for court action.
 

EMOTIONAL DECISION MAKING

Letting emotions affect your decision making ability makes it extremely difficult to reach an out of court settlement. Emotions have no place in family law settlements. Save your emotions for your friends and/or your counsellor. Whether the matter in dispute is related to your children or your finances, it is best to approach the settlement in a buisnesslike manner. Balance up the proposal against the likley risk and costs to you of not reaching an agreement and having to have your matter determined by the court.

For further information please contact:

Caroline Bass, Partner  |  Phone: +61 2 9233 5544  |  Email: cxb@swaab.com.au

If you would like to republish this article, it is generally approved, but prior to doing so please contact the Marketing team at marketing@swaab.com.au

This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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