Top 5 Reasons to Negotiate Your Property Agreement Instead of Going to Court

Law Blog

Negotiating property settlement is one of the hardest things for divorcing couples to do. Each party will want a fair share of the matrimonial property but often can't agree on who should get what.

If you're getting divorced and can't reach an agreement with your soon-to-be ex over how to divide property of the marriage, consider using a lawyer to propose a property agreement. A property agreement sets out how you and your ex will share the property acquired during your marriage. It is favoured over court action because of its various advantages. 

Keep reading on below to find out some of the top reasons to consider negotiating a property agreement.

1. Helps to avoid a confrontational court process

One of the top reasons to use a lawyer to negotiate your property settlement is you can avoid any face-to-face encounters with your former spouse. Your lawyer will draft up a reasonable settlement and discuss it with your ex or their legal representatives. This helps to avoid the confrontational court process that may depict you in a bad light. 

2. Helps to achieve speedy resolution

Missing a court deadline can lead to dire consequences! It can cost you time but also waste your money. As a lawyer-facilitated property settlement doesn't have to keep track of court dates, it is more likely to result in a faster resolution of your property settlement. Your lawyer can schedule a meeting with your former spouse's lawyer at any time to discuss the details of the agreement. 

3. Helps to minimise legal costs

Going to court can be costly, especially if your property settlement takes too long. Most lawyers will charge you for every court session, so the longer your case takes, the more legal fees you'll have to pay. Because an out-of-court settlement will be achieved faster, it can save you time while keeping legal costs down.

4. Allows you to be part of the solution

When you go to court, the presiding judge will have the final say on how your matrimonial property is to be distributed. Your lawyer will simply argue out your case and leave the matter to the discretion of the court. This strips you of the right to be part of the solution. 

A lawyer-drafted settlement gives you the opportunity to weigh in on the matter.

5. May be best for your children

If you have young children from the marriage, it may be best to spare them the agony that a court process can bring to your family by opting for an out-of-court lawyer-negotiated property settlement.

Contact a local family law firm today if you need help drafting your property agreement.


15 January 2019

Break In: Everyday Legal Matters You Should Know About

My name is Jeanette Kennan. I have been a high school legal studies teacher for many years. As such, I am fascinated by legal cases I come across in the media. Family and friends often consult me about minor matters related to the law and although no expert, I can often point them in the right direction. It occurred to me that there may be other people out there who are not aware of basic legal issues. After all, you probably don't think about legal matters related to death, accidents or crimes until you find yourself in a crisis situation. This blog is designed to give you some introductory information about a range of legal topics. Hopefully, it will help you to be prepared and informed should a legal concern arise. I really appreciate you breaking in to my humble little site. Please enjoy.