I recall sitting in Division 2 of the Federal Circuit and Family Court of Australia, ready to go with our spousal maintenance application. My client did all the right things. We drafted the application, affidavit, financial statement and outline, engaged in pre-action procedures and briefed experienced counsel. We were there and ready to advocate. Our client had no choice and her only option was to depend upon a Judge to determine the merits of our case. The other party, her husband, despite receiving six times her salary, was not paying any outgoings presumably to reduce the pool for division. Her stress levels could be felt. Unfortunately, her matter was co-listed and the argument could not proceed.
Thousands of dollars wasted. Negotiate or adjourn. This is a common story.
Litigation paints a grim picture in family law which is why I offer a path to resolution. When disputes about children or property go to court, we see prolonged stress, high legal costs, and fractured relationships. The process itself can feel like parties are pitted against each other in a seemingly endless battle of ‘winning’ versus ‘losing’ and ‘right’ versus ‘wrong’. It’s a fight about principles and justice is pushed to the side.
Families are caught in the crossfire, the real casualties are children, relationships, well-being, and financial stability. There is a law of diminishing returns on your investment. I have seen people exhaust tens of thousands of dollars and even of their entire asset pool. It is not nice to see and it’s certainly not an enjoyable way of making an income. Which is why I am giving you the golden ticket, negotiate.
In family law, a “good case” is a closed case — one where both parties have achieved resolution without the need for drawn-out proceedings. Consent orders offer a cooperative pathway. In matters involving children and property where emotions run high which makes intelligence run low, consent orders have proven time and time again to be an excellent option.
I am swiftly able to identify when consent orders are not a viable option, all you need to do is ask. Some straightforward early advice can save you years of confusion.
But back to the topic…
Consent orders are legally binding agreements made between parties, often during family law disputes. These orders can cover arrangements about parenting (children’s time, education, passports, holidays, etc.) and property (division of assets, superannuation, businesses and liabilities). When properly drafted, consent orders are approved by the Federal Circuit and Family Court of Australia, formalising them into enforceable orders and avoiding a whole lot of paperwork.
By resolving your dispute, you control the narrative. You avoid the emotional and financial toll of litigation and prioritise the needs of those who matter the most — your children and family. A closed case is my favourite type of case because it brings to an end what may be a particularly traumatic time in your life and allows you to focus on your families future.
Kind regards
Elena Leonardos
Barrister, Solicitor and Mediator
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