You cannot force your former partner to come to an agreement, but you can create circumstances whereby an agreement is more likely. As family lawyers, we play an important role in this. Creating conditions to assist you in reaching an agreement involves both you and your lawyer being respectful and courteous in dealings with your former partner and their legal representative. This does not mean you should not stand up for your rights or the rights of your children, give in to unreasonable demands, put up with abuse or accept less than you are entitled to. What it means is creating the best opportunities for an agreement to be reached. Rather, it means ensuring negotiations are respectful, even when you do not agree with the position they have taken and even when you may not feel like being courteous.
Relationship breakdown is an emotional experience and legal processes can create stress and greater animosity if not managed properly. When animosity exists in Family Law and Divorce matters, often it is the children who suffer the most. Our aim is to try and ensure that your matter is resolved as amicably and quickly as possible.
Unfortunately, some disputes do not resolve in an amicable and timely fashion, for various reasons. In those circumstances, proceeding to Court may be the only option available.
If you happen to fall into the very small percentage of the population that has to go to Court to obtain Orders, and you have behaved in a courteous and respectful manner towards your former partner, you will have arrived at the decision to initiate proceedings knowing it is a “commercial” and not an emotional decision.
Even if your matter is forced to go to Court, our aim is still to proceed in a cooperative manner to try to obtain an early settlement, if possible.