If you are unable to successfully negotiate, mediate or arbitrate, court may be the only option for you. Going to court may sound daunting but it does not have to be a complicated and difficult process. Even if you begin proceedings in court, you are still able to reach an agreement with your former partner at any stage of the court process.
To start the court process, you must file the initiating documents in the Federal Circuit Court. The court will give you a court date and you will have the opportunity to present your case to a Judge. Unfortunately, your matter will not be resolved in one court appearance (unless you can reach an agreement). The process can be quite lengthy and involve several court dates before you can proceed to trial.
The court will usually require that both parties participate in mediation or a conciliation conference before you receive a trial date. Both parties will also be required to make full disclosure of their financial documents to the other in order to ensure that settlement that is reached or ordered is a fair one. Neither party is permitted to dispose or alter any joint financial interests until the matter is resolved. If you need to receive funds from your joint finances prior to the case resolving, you are able to make an application for interim property division at any stage of the process.