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Although it is usually considered preferable, currently under the Family Law Act 1975 (Cth) you do not have to participate in family dispute resolution before you start property settlement court proceedings.
The court does require the parties to have made a genuine effort to try to reach agreement before commencing court proceedings.
In almost every property settlement matter the Court will refer the parties to undertake some form of Dispute resolution.
Depending on the size of the property pool the Court will usually either:
Michelle Beatty, Senior Lawyer
Other Questions answered in the Mediation & Family Dispute Resolution Section
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