To resolve disputes, it is not necessary to file an application in court, there are many other ways to bring about resolution.
I am trained as a collaborative lawyer. Further details on this process can be found at collaborativeresolution.org.nz; if this is something you are interested in, I am happy to discuss this option with you further.
It is possible to get legal advice on the status of property and how it is likely to be assessed before agreeing on how to divide matters yourselves or through an independent third person such as a mediator. Any property agreement will still need to be certified by independent lawyers, showing that you were aware of what you would have received if matters had gone to court.
You can attend a mediation with your lawyer present to speak on your behalf.
If court papers have already been filed, this does not stop you reaching agreement or attending a mediation to resolve matters. A consent memorandum can then be filed into court.
Another option is to agree to an arbitrator deciding on the outcome if you can not reach agreement, this will bring about resolution faster and possibly cheaper than progressing through the formal court process.
If you file a court application, there are documents to be prepared and affidavits to be sworn. Evidence of all property with its values will need to be provided and a filing fee of $700 and process servers costs will need to be paid as the start of this process.
