There are many benefits to using ADS for your property settlements:
No. | Legal Process | ADS Process | |
1
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Proceedings through the family court to finalise a property settlement could easily incur legal fees upwards from $15,000 for each party. | The ADS Process professional fees are typically less than a quarter of what you could expect to pay compared with going through the courts. | |
2
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The majority of Family Law court cases go through so many steps before they reach the final court hearing, that often the cases settle out of court prior to the final hearing, because one or both of the parties lose heart or have run out of financial resources to pay the substantial legal fees. | The ADS Process enables the Parties to settle in a much shorter period. The legal fees incurred to complete and lodge the consent orders application should be much reduced, therefore the overall settlement costs are likely to be insignificant when compared to the cost of going through the court process. | |
3
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The Legal Process through the family court may result in the Parties becoming acrimonious and bitter, especially after a long drawn out legal battle. | The Amicable process allows the Parties to communicate and finalise their property settlement together in a spirit of cooperation and be less antagonistic. | |
4
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Property Settlement through the Family Court Legal Process can take between 12 to 24 months. After legal costs, this can gobble up a large portion of the net assets pool, leaving little to divide. | The ADS Property Settlement process is far quicker and simple settlements can often be completed in 6 weeks. By keeping costs down, there is typically more value in the net assets pool left to divide. | |
5
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By trying to negotiate through lawyers, parties can get pulled in opposite directions. By the time an agreement is eventually reached, the parties can become disillusioned or disheartened by the whole process and give up, accepting any percentage split just to get the settlement over with. | The ADS Process encourages the Parties to settle on more realistic percentage splits that make financial sense as well as both Parties being more satisfied as to the overall fairness. Because negotiations are undertaken amicably in a more pleasant atmosphere with less disputes, the parties are usually comfortable with the result. | |
6
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Formal mediation or Conciliation Conferences require the Parties to attend the family court sessions with their respective Solicitors. This doubles up on legal fees. | Consent Orders from the Family Court are obtained via an application process where neither Party is required to attend court. Therefore by avoiding court time, legal costs can be kept to a minimum. | |
7
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The relationship between the Parties can often break down almost completely in the Legal Process, which impacts on your children, family and friends. | The relationship between the Parties is far more amicable. Therefore, communication continues and is far less stressful on your children, family and friends. | |
8
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Children can often be caught in the middle of acrimonious disputes and as a result, could become greatly affected both emotionally and psychologically. | The relationship between the Parties and their children is generally much better, as the property settlement is over in a shorter period with limited effect on the children. | |
9
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The Legal Process may force the parties to make poor financial decisions that could be detrimental to the either party. For example, by requiring the former matrimonial or de-facto home to be sold, this could cause financial loss as well as be more disruptive to children. | The ADS Process will look at all options to achieving a settlement that makes financial sense, as well as keeping the best interests of the Parties and their children in mind. For example, by exploring the option of either Party retaining the family home and re-financing any joint mortgages. | |
10
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A protracted legal settlement process could play a detrimental role in the parties’ mental health and feeling of well-being, if they become extremely stressed and anxious in the process of trying to reach an agreement. | The ADS Process is sensitive to the Parties’ situation and we know that people are often very stressed and daunted by what lies ahead. With empathy and kindness, ADS can make the whole process seem less traumatic and much more easy. | |