How long does it take to get to Court?

If you think you have to go to Court and you want a Court to make a decision about your children (or property matters) the first thing you do is complete an application form, an affidavit of your evidence setting out why you seek the orders set out in the application. In property matters you also have to file a financial statement. It is all a little overwhelming.

The answer to your question is from the date you file your application expect to wait 8 to 10 weeks before your first day in Court. If you have made an interim application it will usually be dealt with that day, particularly in relation to arrangements for children. The court will make an “interim order” which will stay in place until another interim order is made or the matter has a final hearing.

Very few matters (less than 5%) actually get to a trial and usually settle along the way through mediation or negotiations. You can expect to wait from six months to 12 months before you get to the trial stage or sometimes even longer. You might then have to wait for a decision to be handed down by the judge which might also take some months.

You will need at least advice, and probably assistance in commencing Court proceedings. Don’t apply to court without first having sound legal advice from experienced family lawyers. Consider mediation as well as an alternative to Court.