The Hidden Costs of Going to Court

We all know that the financial cost of court proceedings is extremely high but what about the other costs, the hidden costs that we don’t always think about until it is too late?

Court not only costs exorbitant amounts of money and time but it also bears an extremely heavy load on our emotional, mental and physical well-being not to mention the devastating emotional impact on all children, regardless of age. 

The court procedure can be hectic and exhausting and can bring a lot of tension and stress to you and your family.  They all go on the journey with you.  You can be overcome, consumed, and highly stressed for a long period of time.  These feelings can still be experienced when going through other processes such as mediation however the biggest difference is that it would be for a much shorter period and not nearly as detrimental to your psychological wellbeing. 

The emotional cost of going to court is something that should also be weighed up when making the decision to initiate proceedings.  The emotional and psychological impact may include symptoms of anxiety, fear, anger, resentment, sadness, depression, and other challenging emotions. 

The behavioral consequences can include lack of sleep, poor concentration, irritation, low motivation, increase in alcohol and drug use, isolation, low energy, and poor self-care among others. 

This article acknowledges that in some family law matters it is essential that there is the intervention of the family court and other experts to ensure that decisions are made in the best interest of the children or to ensure that a property settlement is fair and equitable.  However, in my professional and personal experience over the past 20yrs, I have often seen cases that could have and should have avoided the family court.   In such cases, often the decision to initiate proceedings was emotive, not rational.

Emotions can be a strong driving force when we are angry, sad or feeling hard done by.  When we are sitting in that highly emotional state, we are unable to think logically and rationally, and any chance of foresight can be lost.  So often I have heard clients say, ‘In hindsight, I wish I made more rational decisions and settled this out of court’.

It is important when making the decision to initiate proceedings that you are fully informed and carefully consider weighing up all options considering the hidden costs.  There is so much more involved than just the financial cost of court and asking yourself ‘At what cost? and ‘Is it worth it? can make all the difference.

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Family Dispute Resolution (FDR) Process

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