Have you started petitioning for a divorce? Going through such a phase in life is quite difficult. Aside from dealing with personal conflict, you also have to sort out properties, financial assets, and also the custody of your children. This is why the Brisbane property settlement lawyers and other family law specialists are ready to help you through such tough times.
You, actually, do not have to bring this matter to court. Doing so will, surely, save you a huge deal of money from costly court proceedings. Furthermore, you get to have more control over the final outcome as the petitioner. When you work with a legal representative, you get to handle the separation smoothly without having your children traumatised.
MEDIATION FOR AN AMICABLE SETTLEMENT
Nowadays, you are required by the Australian government to attend Family Dispute Resolution or FDR with Relationships Australia in an effort to resolve any conflict. This process involves a meeting where open communication is encouraged.
If the reason for separation is domestic violence and abuse or your ex-spouse cannot attend the meeting, then FDR Practitioners have to seek legal alternatives. These choices include mediation, an arrangement with Brisbane property settlement lawyers, or court proceedings.
A mediator –a neutral third party– gets involved when a settlement is most unlikely. Especially when tensions make it difficult for an amicable settlement, mediation can help independently find a common ground for agreement.
ASSETS, PROPERTIES, AND LIABILITIES SETTLEMENT
Ideally, couples who are divorcing should reach an amicable agreement when it comes to property settlement. With the help of divorce property settlement lawyers, you can decide which items go to whom.
These include bank accounts, debts, investments, pensions, retirement plans, household possessions, real estate, cars, insurance, and interests and superannuation earned. Furthermore, divorce settlements also involve the outlining of visitation rights and child support.
During this phase, legal representatives sit with the couple to discuss the rights and demands of the client. Through this sit-down discussion, rumours and assumptions do not have weight over the decision. However, for marital infidelity and abuse, you should gather evidence through a private investigator.
COURT PROCEEDINGS FOR DIVORCE
Litigating and settling divorce may vary from case to case. Its complexity depends on the reason for separation and the matters at hand. When long-term abuse and domestic violence is involved, family property settlement lawyers would usually suggest forwarding this matter to court.
Any entitlements and contributions by the couple during the marriage and after separation would be determined by numerous factors in court. These factors are all stated under the 75th Section of the Family Law Act of 1975.
Today, courts no longer assume that the custody of a child goes to the mother. Under the Family Law Act of 1975, the court requires that both parents should put the best interests of the child as an essential consideration to take.
The courts handling divorce parenting arrangements will require that you resolve any dispute through counselling and mediation first. When custody arrangements are not possible, the Family Law Court will decide for the custody.
Divorce might be hard to handle at times. However, ending a relationship especially if it is abusive and unhealthy would be easier if you have professional help. That is why Brisbane property settlement lawyers and other family law specialists, such as those from McPhee Lawyers, are here to provide all the help you need.