15 Feb Just settle!
The time delays and constraints in the Courts are only becoming worse. Unfortunately, this means that it is rare a spouse will ever have “their day in Court” and, achieve what they have the misbelief they will, vindication. Cases proceeding to trial are the exception not the rule and in a lot of cases this won’t occur for up to two (2) years from the commencement of the Court proceedings and then parties will often have to wait a further period of time (6 months to up to 2 more years) before receiving the decision from the Judge. Settlement options should always be explored at every step of a matter and even where a mediation does not succeed, that should not be the turning point for a party to decide to fight to the death, as the cost of going to trial – financial and emotional – not less the wasted time in continuing the matter will often outweigh any difference between each of the parties’ positions. This doesn’t mean one should settle for less than their legal entitlement or let the other party “win” but certain commercial considerations should always be given to the early resolution and the avoidance of the time and expense of litigation to conclusion.