Family Law FAQ - What happens if my ex-partner and I cannot agree on child custody and property settlement?

Date: February 22, 2011

Q. My partner and I have been granted a Divorce. What happens if we cannot come to agreement in relation to who the children live with and how the property is to be divided?

A. Where the parties cannot come to agreement about the children and the division of property  issues, they can initiate legal proceedings whereby they apply for Court orders in relation to these issues. Each party is required to file certain documentations in which they are to set out the Orders they are seeking, and a decision is made by the Court as to whether these Orders should be granted or not.