The statistics are creeping up to 50% of marriages ending in divorce, so divorce is becoming a reality for a lot of people. Even though the stigma of divorce has largely disappeared, it is still one of the most stressful events a person may have to go through in their life. The aim for Family Lawyers is to minimise the impact of the process on all people involved and in particular the children.
There are many issues to be considered when spouses make a decision that they no longer wish to continue in a relationship with each other:-
Firstly and most importantly is:
Is that the right decision and should they consider marriage counselling? The actual divorce, which has been simplified to the extent that spouses can now lodge their application entirely online; family court.
Parenting arrangements about where children of the marriage will live and the time they will spend with each parent family relationships.
Division of property owned by the spouses
Financial support for the children of the marriage, child support www.csa.gov.au
Paying the bills and access to funds
Changing your will and superannuation nomination of beneficiaries
Preparing an enduring power of attorney
Personal safety and living arrangements following a separation
Family Lawyers serve an important role in assisting people going through the transitional period that follows any separation. It is important to develop a plan to move towards a resolution and enable spouses to enter into the next stage of their life.
When looking for a family lawyer be aware that some Family Lawyers have undertaken further specific training and study to obtain accreditation as a Family Law Accredited Specialist and these lawyers have particular expertise in the Family Law field.
Valuable advice that can be provided by an accredited Family Law Specialist includes:-
Practical options to consider for shared parenting arrangements
Documents to start gathering and the right steps to take to make property settlement proceed more efficiently
The amount of support to provide to your former spouse or what you are entitled to from your former spouse, and methods used to provide this support. For example, rather than the provision of money to your spouse, responsibility can be taken for certain expenses.
Safeguards you can put in place to ensure that there is no wastage of assets before there is a finalisation of your property settlement
What to focus on to resolve issues, rather then have protracted disputes
Once an agreement is reached, the best way to formalise that agreement for your future protection and benefit
Whilst divorce is not a pleasant process to go through, there is no reason that it can’t be civilised and respectful. Family Lawyers make this achievable. You should ask your Family Lawyer to develop a plan for you with clear steps to be taken to resolve the issues you are concerned about. Professional advice at an early stage has the potential to not only save money but to minimise stress and achieve peace of mind.
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