Photo credit: Parramatta Citylegal
You can never have too much divorce advice.
The legalities of divorce and separation add another complication to an already difficult period.
Balancing the needs of yourself and your children while negotiating with your ex-partner may rapidly transform your divorce settlement into an emotional and legal war zone.
Here is our legal divorce advice to help you through.
If in doubt, hire a lawyer
While the legal advantages of hiring a lawyer to handle the legalities of divorce are self-explanatory, there is another aspect well worth considering. Divorce attorneys have done this all before. Not only will a practising lawyer give divorce advice you can rely on, but also maintain a clear head in times when you may be feeling overwhelmed.
If financial or personal reasons restrict you from hiring a lawyer you may be eligible for free legal divorce advice and representation through government legal aid services.
Avoid involving family or friends
While those close to you may appear to be the ideal assistants in your time of need, their emotional attachment may become hazardous. Taking divorce advice from friends may blind you to the bigger picture and may also risk your relationship should any disagreements arise during the settlement. In short, keep them out of it!
Think about your finances – in detail!
Prepare an approximation of the financial outcome you require to cover the weekly expenses of you and your children. It is also a good idea to prepare a financial history for you and your ex including home loan details, education costs, income information, shared savings, significant shared assets or any inheritance you and/or your partner received whilst married. Every piece of financial detail is important when reaching a settlement.
Consider your home
Your house is the most expensive shared asset between you and your ex-partner, so it is important that you take time to decide the best course of action.
Will selling your house, splitting the profit and establishing separate residences be most desirable? Will it be more cost effective for one of you to stay in the home and pay out the other’s share? You will need to find an answer to this question quickly – in Australia you are required to file an application for property settlement within 1 year of your divorce. If you fail to do so you will need permission from the court to apply for a settlement in the future.
Do not exploit your children
Your children are not assets – they are the most important part of your life. Attempting to empower yourself by using your children as bargaining tools in your settlement is unfair to your kids as well as your ex-partner. Make sure that any decisions made relating to your children are in their best interests – not your own.
Use your head, not your heart
The roller-coaster of emotions that you are experiencing as a result of your divorce may lead you to jump to irrational decisions during your settlement. As much as you may want it all to be over, or as bad as you may feel about the situation you and your ex-partner are now in, it is important not to compromise your future for the sake of alleviating your present emotional turmoil. Our divorce advice – hang in there!
It is also important to never compromise yourself in a settlement in order to renew the relationship between yourself and your ex-partner. If you and your ex have not reconciled your differences during your separation period, it is unlikely that any rekindling of love will take place now.
See your divorce settlement as the first step toward consolidating your future, rather than a final attempt to regain your past.
