What prevents people from being able to reach an out of court settlement?
In Brief — Why are people unable to reach an out of court settlement?
The two main reasons why separating couples are unable to reach an out of court settlement are unrealistic expectations and decision making being clouded by emotions.
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 businesslike manner. Balance up the proposal against the likely risk and costs to you of not reaching an agreement and having to have your matter determined by the court.