Discover How
We Can Help

Learn More

We know that sometimes Court is necessary. Sometimes it’s because you and your spouse are in high conflict or there are complex legal issues at play, and without the Court’s help, you can’t resolve it.

Having a legal strategy and understanding your legal advice is your advantage in court because it is a challenging and unpredictable process. When you are clear about what you are focused on achieving, you can block out the noise and stay on track to achieve outcomes that are right for you and your family.

Chanel Martin, Co-Director of Resolve Divorce and head of Resolve Litigation.

Court Proceedings

Sometimes, a court application is a necessary and tactical strategy to get you what you need. We will use its benefits when and if, it is likely to be the most effective tool to get you through a hurdle in our negotiations.

We are highly experienced in the Court processes and procedures and how to get the best outcomes for our clients. Our point of difference however, is that we maintain a resolution focused approach in all that we do, with your wellbeing front of mind.

We approach Court with the view that what can be settled amicably, will be.

Urgent?

Got a problem

Not Urgent?

Agree

Or agree
and resolve

Try Talking First

(PRE-ACTION PROCEDURES)

  • Make a genuine attempt to resolve it (mediate)
  • Exchange disclosure / documents
  • Make an offer to settle

Agree

Or agree
and resolve

TELL YOUR STORY

+ GET INTO COURT

File court documents

  • Initiating Application
  • Affidavit (if Interim orders sought)
  • Financial Statement
  • Financial Questionnaire
  • Genuine Steps Certificate

Agree

Or agree
and resolve

FIRST COURT EVENT

GETTING THE CASE READY

*Procedural hearing only* Orders can be made to:

  • File responding documents
  • Provide disclosure
  • Get valuations of assets
  • Attend mediation

NEGOTIATE 
OVERALL

Negotiate a final agreement

Argue

interim issues

  • Spousal Maintenance
  • Any urgent issues in dispute
  • Kids

Agree

Final order following mediation

DIRECTION HEARING

Getting ready for trial

  • Directions hearing before Judicial
  • Registrar to either: a. deal with any outstanding Interim Matters; or b. list matter trial

TRIAL

  • Final hearing before a judge 3-5 day listing
  • Judge reserve decision and make orders 3-6 months following final hearing

Agree

Final order following mediation

JUDGE DECIDES