What really is the best possible outcome?

There is a long term myth that litigation should be the first option to resolve your family law issues following separation, as it will provide you with the best possible outcome. This is coupled with the advice that you need to engage a highly expensive and experienced family litigation lawyer.

I am of the opinion that, litigation and the litigious family lawyer, should be the last resort.

So how do you know where to go to achieve your best possible outcome? The first question you need to ask yourself is what is the best outcome for YOU? What are the issues that are important to you? What is going to make your life easier and better following your separation?

If the answer is a mathematical or percentage based one that costs a lot of time and money to resolve, then maybe the Family Court is the best place to achieve your best possible outcome. If you are more interested in ensuring stability and security for you and your family, in reducing the impact of the separation on you and your children, on maintaining your own wellness and mental health, and maintaining or creating a new relationship with your partner to move forward, then we have plenty of other options for you.

Most people are totally unaware that when they separate there are other options out there for them, all of which are non litigious. These options are in fact more cost effective, will save you time and more importantly, will create positive and life changing solutions.

At Flourish, we have made it our mission to make all of the solutions available to our clients. These options includes general negotiation, mediation, lawyer led mediation and collaborative practice. Each of these methods are unique in their own way and prior to deciding which path to take, we undertake a full individual intake assessment on each client and then provide them with advice as to the the most appropriate out-of-court method for their individual situation. This allows us to tailor the process and the procedures in which we use to suit the individual client and their family situation.

As part of our approach we offer several pathways all of which can include additional support such as family counselors, financial planning and general family support services. We believe that it is important that prior to engaging in any process, the parties and the children that are involved are well placed to make any long-term decisions.

By encouraging clients to use our methods we are placing our clients and their children’s interests first. We actually ask clients to consider what is in fact their best possible outcome by asking them to explore the interests of each party and of the children. We find that clients, when faced with the question of what is the best possible outcome for them, do not look at mathematical or percentage results, but in fact are usually looking for solutions that protect and maintain stability for their children or family.

So to answer the question, court action should be the last resort as it is not likely to give you the best possible outcome for your family. Every case and family is unique and individual and should be treated that way.

If you're interested in discussing alternative solutions to resolving your family law, solutions that are family focused, interest-based, cost-effective and efficient, then we would love to hear from you. We have regular 30 minute appointments available by telephone or by appointment if you just wish to obtain information and discuss your needs with us. You can contact us on admin@flourishfamilylaw.com.au or phone us on 0424 510 009.


Kirsty Salvestro