Significant costs may be incurred by a party in an attempt to settle or negotiate a matter where the other party is not responding to those actions. An experienced family lawyer will advise you when to stop attempted settlement discussions and when to commence Court action. Some people and some matters only respond to litigation. This is very unfortunate, however it is far better to learn this sooner rather than later.
If an agreement is reached between former spouses prior to or during Court action, consent orders would usually be prepared by one of the Solicitors. The consent orders are signed by the parties and their Solicitors and lodged with the Court. The Judge (or Magistrate in the Local Court) will make orders in chambers without the need for a Court appearance. The Judge, however must be satisfied the consent orders are properly drafted and represent a fair and equitable resolution of the matter.
