How to reach a family law settlement or divorce without Court

Conflict is not inevitable

We’re separated.

How do I get a family law settlement or divorce without Court?

It is (fortunately) very rare for a client to walk into our office saying

I’m getting divorced and I want to go to  the Family Court!

Most people ask us

How can I divorce without Court?

You’re probably aware that the Family Court has delays of 2-3 years to reach an outcome.

You may not know that about 95%  of cases settle before a Judge has to make a decision.

So many people settle ‘on the steps of the Court’ after spending 2-3 years fighting.

family law conflict hurts children

Would you rather spend 3 years fighting in Court…..

or divorce without court and reach agreement in 3 months?

At Hetherington Family Law, we firmly believe there are far better alternatives to finalise a family law settlement, than those offered by the Family Court.

Why would you sign yourself up to 3 years of stressful litigation?

The impact on your life – and your kids’ lives – is impossible to measure.

But it changes you all forever.

The Family Court is a place of last, not first resort.

Family Court is a last resort

Most cases that go to trial before a family court judge are parenting cases involving serious allegations of drug abuse, family violence and/or sexual abuse.

47% of all cases filed in court each year are referred to child protection authorities.

If that is not your family dynamics, why would you put the future of your children in the hands of a stranger?

Don’t have parenting issues and only want to divide your property?

Your case will go to the bottom of the pile, with those parenting cases taking priority.

Do you want to wait 3 years to move on with your life?

Here are your options to separate or divorce without Court

Kitchen Table/Consent Orders

Kitchen table negotiation

If you can reach agreement with your ex around the kitchen table, we will record your agreement so it is legally binding.

We will do it for a fixed fee so you know exactly how much you will pay.


Mediation offers an option to divorce without Court

If you are heading to mediation, we can advise you and help you prepare.

You decide if you need a lawyer to attend with you.

We won’t pressure you to have us there. It’s about what you need to be able to negotiate.

We can be your mediator

Jennifer Hetherington is a Nationally Accredited Mediator and Registered Family Dispute Resolution Practitioner.

She can mediate for you, with or without your lawyers, and issue a s.60I certificate if needed.

Collaborative Law

If you want what we believe is the absolute best way to reach a family law agreement, talk to us about Collaborative Law.

If you want to divorce without court – you need to learn more!


If you are already in the Family Court and just can’t see eye to eye, all is not lost!

You can skip that 3 year wait and use Arbitration to finalise your family law settlement.

It’s a bit like using a private hospital for a knee replacement instead of being on the public waiting list.

No, you don’t reach your own agreement, but it is certainly a much faster process.

If you want to divorce without court, you need to choose your family lawyer wisely.

Do you want a gladiator?

Or do you need a trained, skilled negotiator and collaborator who is focused on helping you reach agreement?

Contact us today for an appointment with our experienced family lawyers, to discuss your options to separate or divorce without Court or get started online now.