Family law matters can be emotionally charged and complex, and while many issues can be resolved through negotiation, mediation, or alternative dispute resolution methods, there are situations where going to court becomes a necessary step. In this article, we’ll discuss the circumstances in which you should consider family law litigation and how we can assist you through the process.

You should obtain advice from an expert family lawyer in Sydney to provide you with advice on your family law matter.

When to Consider Family Law Litigation

One or more of the following circumstances may necessitate the commencing of legal proceedings;

1. High-Conflict Disputes: One of the primary indicators for considering family law litigation is a high-conflict dispute. If you and your ex-partner are unable to communicate effectively, if there is a history of domestic violence, or if you have concerns about the safety of you or your children, court intervention may be necessary to protect your rights and ensure your safety.
2. Child Custody and Parenting Disputes: When child custody and parenting disputes cannot be resolved through negotiation or mediation, court proceedings may be required. This often happens when both parents have significantly different views on what is in the best interests of the child, or if there are allegations of parental misconduct.
3. Complex Property Division: Complex financial matters, such as the division of substantial assets, businesses, or overseas properties, may necessitate court involvement. Courts have the authority to make binding orders to ensure a fair and equitable distribution of property.
4. Non-compliance with Agreements: If your ex-partner is not complying with pre-existing court orders or agreements reached through negotiation, litigation can be a way to enforce these orders and protect your rights. It’s essential to have a family law firm experienced in enforcement matters to represent your interests effectively.
5. Urgent Interim Orders: In cases where immediate action is required, such as obtaining injunctive (restraining) orders, spousal support, or financial relief, court proceedings may be the quickest way to address these urgent matters.
6. Complex Legal Issues: Family law cases involving intricate legal issues, such as international custody disputes, surrogacy, or complex legal precedents, may require court proceedings to establish legal clarity.
7. Disagreements on Binding Financial Agreements: If there are disagreements regarding the validity or enforcement of binding financial agreements, going to court may be necessary to resolve these disputes.

How we can help

Engaging a family law firm experienced in litigation such as ours, can provide numerous advantages:

1. Legal Expertise: we have experienced family lawyers who can help you navigate complex legal processes and advocate on your behalf effectively.
2. Objective Advice: We can provide objective advice and help you make informed decisions during emotional times.
3. Strategy Development: We can develop a litigation strategy tailored to your unique situation and goals.
4. Alternative Solutions: Even once litigation has commenced, Courts will often require the parties to continue to engage in alternative dispute resolution once barriers to resolution have been addressed by court orders. We can assist you in exploring alternative solutions in resolving your matter when possible.

Conclusion

Family law litigation is a significant step that should be considered carefully. It is essential to consult with a knowledgeable family law firm to assess your situation and explore all available options. By seeking legal advice early from an expert family lawyer and understanding when court intervention is necessary, you can navigate the complexities of family law matters with confidence and work towards achieving a fair resolution that protects your rights and the best interests of all involved parties.

If you feel that commencing litigation is the next step in resolving your family law matter, please contact us by email at info@barkerevans.com.au or by telephone at (02) 8379 1892 to book an initial free consultation for 15 minutes.