How to fix the broken divorce system

Far too many divorces are needlessly drawn out. Almost half of Australian couples negotiate for an average 15 months in solicitors' offices and those who head to court wait an average of 3 years to get a decision.

In financial (property) disputes, many couples in reality are only arguing small differences about how their wealth should be split, but the current system creates a lengthy and obscenely expensive process for families. And it allows one of the parties to drag matters out for years, for no good reason, with no penalties for doing so.

While this is happening, all the couple's wealth is locked up, so neither of them can really get on with their lives. Limited liquidity - especially at a time of incredible stress - is simply a ridiculous way to manage these situations. It causes far too much needless stress and just increases conflict.

Now, yet another Parliamentary Committee is considering reforming The Family Law Act to ensure that the divorce system reduces domestic conflict.

At Divorce Partners, we think that the best way to reduce the delay and financial stress in divorce is to get cash flow freed up for both of the former partners as early as possible. 

That’s why we developed the 90:90 Solution - a simple rule that says:

"90% of couples get their joint wealth fairly distributed between them within 90 days of separation."

The 90:90 Solution is easy to understand.

Here's how it works

Step 1:  
Pay or agree to pay undisputed amounts within 30 days.

Step 2:  
Compulsory mediation (or written offers if violence is present) about the remainder occurs in the next 30 days.

Step 3:  
For any couples still stuck on a residual gap, there's a rapid independent assessment and payment is made on or before Day 90. 

RESULT: 
All wealth is paid out in fair proportions within 90 days.

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This is a simple summary of how to 90:90 Solution works.

There are, of course, many scenarios that need to be addressed and are addressed within the detail of the proposal. These include the practical arrangements where parties are selling a house, or one of them keeping the house.

The core feature, however, is to ensure couples must and do resolve their matters quickly. In particular, the process puts an end to one of the parties dragging matters out for no good reason.

The 90:90 solution provides a rapid outcome for 90% of couples. Those with complex facts still have recourse to the court processes. 

Just like paying your taxes on time, we think that paying your former partner on time when you separate should be a basic obligation in a civilised society.

Requiring each partner to disclose and pay undisputed sums in a timely manner - without going to Court or involving lawyers - will resolve disputes rapidly: within 90 days, instead of years. 

The 90:90 Solution provides a clean and fair method for all Australian couples, not just those who can afford $120,000 in legal fees.

The other approaches are just not solutions at all...

There are other proposed approaches to fixing the problems with divorces in courts. But the current crop of ideas about how to improve things are dismal in comparison:

• Some people are asking for massive increases in funding for the Family Court. More funding for litigation has been a huge failure to date. There is little reason to think more cash without reform has any chance of working at all.
• The Law Reform Commission is asking for another few years to do yet another study into the system. That would be the 4th investigation in a decade, when almost none of the previous recommendations have actually been implemented.
• And One Nation wants to abolish the Family Court altogether. It's an angry response, but it's not a solution. With no protections in place for families in desperate situations, bad people would take advantage of the weak.

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The 90:90 Solution will instantly achieve far more

If the 90:90 Solution is adopted:

• Former couples and their children would get through this difficult phase in weeks, not years;
• Spousal violence, high rates of suicide, business bankruptcies and a great many domestic arguments would markedly decrease;
• Mental health issues and financial distress would be greatly diminished;
• The Family Courts would be freed up to resolve pressing domestic violence and child welfare issues, without further taxpayer funding; and
• Government could finally direct money to help the Rosie Battys of this world.

All this could be achieved with the 90:90 Solution at zero cost to the taxpayer.

​For the sake of yourself, your friends, family or other people you care about, please show your support for this initiative.

If we can demonstrate community support for the 90:90 Solution, the politicians could at last stop the system causing more misery.

So please vote in our simple one-question poll on which option you think will do the most for families trying to get through divorce.

Have your say

"90% of couples get their joint wealth fairly distributed between them within 90 days of separation."

​The 90:90 Solution is an initiative of Divorce Partners.
Our firm exists to help couples reach sensible settlements without ridiculous expense, delay and stress.