What if I do nothing?

By Anita Petrovic.

Sometimes, it just seems too hard, we know.

So, what happens if you throw in the towel? If you stop engaging in the proceedings? If you just ignore everyone and everything involved in your family law matter?

This may seem like an enticing thing to do, however, if you do that, then you have no control over the outcome of your matter. If you do not engage in the Court proceedings (or negotiations outside of Court), the other party could seek that orders be made on an “undefended” basis – that is, you have not filed an application in response to their application or engaged in proceedings and the Court considers that you have not defended the other party’s application.

If this happens, then, subject to certain requirements, the Court can make the orders sought by the asking  party. This means that the Court could make orders for you to spend little to no time with your children if the application for these orders is undefended and the Court is satisfied that this is in the children’s best interests. It could also result in the Court making property settlement orders that are more favourable to one party than otherwise would have been the case if you had defended the proceedings provided the Court is satisfied that those orders are just and equitable.

If you fail to  engage in the steps required to give effect to the property orders by, for example, not signing documents to give effect to particular orders that have been made, then the engaging party can apply to the Court to have a Registrar of the Court sign the required document as if they were you. There may also be cost consequences of not engaging in the proceedings, particularly if they have been lengthy and required the other party to expend significant costs in having orders made and enforced on an undefended basis.

Whilst the process can be lengthy and difficult, engaging in the proceedings gives you at least some control over the outcome. With a team of understanding and pragmatic lawyers, this process can also be made as straightforward as possible.

Tiyce & Lawyers – here when you need us.