By Sam Walker

With Australia’s divorce rate at nearly 50,000 a year and the waiting list for proceedings in the family court up to two years there is plenty of incentive to settle financials amicably.

Brad Corby, managing director of Divorce Solutions says that it's when people let their emotions drive the process that the costs – financial and emotional – start to escalate. “They try to make analytical decisions about money whilst in an emotional state,” he says.

A pitfall for many is using the lawyer as an emotional crutch. Getting your lawyer to write a letter to your spouse’s lawyer because the kids weren’t brought back on time can result in hundreds of dollars in legal fees. The bills can add up fast.

The Australian Bureau of Statistics reports that close to 48,000 divorces were granted in Australia in 2007 – a six per cent fall on 2006 figures. Of those, nearly half were to couples with children under the age of 18.

Corby says overwhelmingly in settlements involving children, both parties want what is best for the children, but often have problems handing assets to their spouse.

But dragging out proceedings through legal sparring eats into the assets. It can result in the costs of settling a divorce spiralling from a few thousand dollars to hundreds of thousands of dollars in legal fees.

Corby says for a successful resolution people need to understand the choices available to them and have enough knowledge to make decisions. For example it is pointless taking possession of a $3 million house if you are unable to pay the rates, insurance and maintenance costs.

Alan Weiss from Aussie Divorce emerged from his two-year marriage and bitter divorce an angry man. Unhappy with the process, the ruling and his lawyer, he decided there had to be an easier and less costly way of settling matters.