Frequently Asked Questions for Family Law Clients Regarding Separation Options

Is Court the only option to separate from my spouse?  

Going to court is not your only option when you separate. There are various pathways available that can help you achieve the best outcome for you and your family: 

• Collaborative Practice 

• Negotiation 

• Round Table 

• Mediation 

What is the first option for reaching an agreement after separation?  

The first option is to reach an agreement with your spouse. Having an open and genuine discussion with your spouse about what will happen with the children and family home will help alleviate the stress of separating. This agreement may or may not be documented with both parties remaining in control of the outcome.  

What is collaborative practice?  

Collaborative Practice is an alternative approach to family law where everyone agrees to a strategy to problem solve any disputes without going to court. Sometimes involving using accountants, counsellors, and professionals. 

Can I negotiate an agreement with the help of a lawyer?  

Yes, you can. Obtaining specific advice from a family lawyer about your entitlements under the Family Law Act and having them assist you in negotiating an outcome can be beneficial.  

What is a round table?  

Round Table is a process where the parties assisted by their solicitors meet and discuss a way forward. There is no mediator, allowing both parties to reach a common ground and achieve an agreement.

What is mediation, and how does it work?  

Mediation is a process where the parties engage a mediator to discuss settlement options. Under the guidance of a mediator the process allows both parties to speak freely and move towards an agreement. 

What are Consent Orders?  

Once you have reached an agreement by way of negotiation, completed a round table, mediation, or through collaborative practice, you can document your agreement by way of Consent Orders. These are then filed with the Federal Circuit and Family Court of Australia.  

What is Contested Hearing? 

After a Final Hearing in the Federal Circuit and Family Court of Australia, a Judge decides for you. Only a small percentage of matters are finalised at the final hearing as most parties reach an agreement by consent along the way.