Why you should not be afraid to go to Court

The benefits of resolving parenting or financial matters following a separation often outweigh those of going to Court. Going to Court can be expensive, emotionally draining and nerve wracking, but sometimes you may not have a choice. There may be some benefits for a party in filing an Application in Court.  Whilst for many people it’s the “great unknown” you should not be afraid to go to Court.


You have time to resolve issues

Unless the matter is urgent it is unlikely that you will get listed on a date any sooner than 6 weeks after filing your Application. This means that there is time, prior to the first Court listing, to have discussions with your former spouse/partner (or their Solicitor) to try and resolve some, if not all, of the issues in dispute prior to the matter coming before the Court.

Court is settlement focused

The Court is settlement focused, and even though an application is before them for determination, they will make directions to facilitate the parties trying to resolve the matter between themselves such as requiring parties to participate in a private mediation.

You don’t have to attend in person

Given the current COVID situation, most matters before the Court do not actually require a physical attendance at Court and are conducted by way of telephone or video link. This is usually a less intimidating way of dealing with your matter than if you were physically before a Judge.

Your matter will progress

The Court will make directions to ensure that your matter progresses and both parties are required to comply with the directions that are made. This is of benefit to those parties who feel their former spouse or partner is dragging the matter out.

We can guide you through the process

One of the lawyers in our family law team at Southern Waters Legal will guide you through each step of the Court process, so it is a less daunting and confronting experience (as far as possible!).

If you have any questions or should you need any assistance, please do not hesitate to contact us at Southern Waters Legal.