Going to court can be an overwhelming experience, especially if it is your first time. All cases are different and your options will depend on the specific circumstances of your case.
There are a variety of disputes that can arise in the Family Court, such as parenting orders, property settlement, child support or spousal maintenance.
Often, couples can resolve these disputes by not going to court and instead seeking out other methods such as mediation, where couples discuss their issues with a third party.
However, some couples will be unable to reach a mutual agreement without consulting the court.
Many individuals wonder if taking their case to court will result in justice. Unfortunately, court cases do not always end up with an outcome that satisfies both parties. Taking your case to court will result in a decision being made or a dispute being resolved, which does not always appear to have delivered justice.
You are able to represent yourself in a Queensland court, however you may wish to contact a lawyer to discuss the more complex legal matters that you may find difficult to navigate without legal training or experience. If you choose to represent yourself, you must have knowledge about the law and the court process.
Some individuals choose to represent themselves rather than seeking legal advice if they cannot afford the fees, do not qualify for a grant of legal aid, do not want to engage a lawyer, or believe they can handle the process on their own.
The cost of legal representation will depend on your individual situation. For example, for some cases, only one court appearance is required, however for other matters, more than one court appearance is required, rendering the process more expensive. However, engaging a lawyer and allowing a professional to take control of your case can often remove a lot of stress involved in the court process.
There are both advantages and disadvantages of going to court. Advantages include finding closure with the court’s decisions, having legally enforceable orders that can result in consequences if breached, utilising the powers and methods of the court, reaching a final outcome, and the urgency that can be brought to your case if needed.
Disadvantages include the possibility for court cases to be delayed or extended, the cost of legal fees, the risk of the situation becoming emotionally draining, and the possibility of parties not agreeing with or being content with final orders made in court.
The decision you make should be based on your individual circumstance and whether or not you and your partner can come to mutual decisions without the court’s help.
One Lawyers’ Family Law Resources can help you consider what is the best decision for you to achieve the outcome to suit your situation and specific needs.