Based on the information gathered in Step 1, and the rights and obligations identified in Step 2, clients have a choice to settle the case by agreement or commence an Application in the Court.

If clients make an agreement, it should be based on the following at a very minimum:

    • Full financial disclosure
      Both parties receiving independent legal advice
    • Provided both parties have lawyers, or at least cooperate with the post-separation disclosure process, a draft Separation Agreement is generally drawn up for consideration. Then changes may be necessary, but if everyone agrees, then it is signed.

If no Agreement is forthcoming, then we work together to determine whether a Court Application is warranted as an alternative way to resolve the case. We can discuss this in greater detail as your case unfolds; suffice to say that saving on legal fees is a major incentive that we want clients to consider when it comes to settlement as opposed to litigation.

Along the way to settlement, various other dispute resolution processes may be available to the parties including mediation or arbitration.