When a relationship or marriage ends, people often fear that they will need to go to court to deal with the separation of joint assets and liabilities, and arrangements for their children. This can be extremely stressful for those involved.
How can you avoid having to go to Court?
It is not the case that people automatically need to go to court when their marriage or de facto relationship ends. If the parties to a separation can agree on how they separate jointly-owned assets and liabilities, and also have an agreed co-parenting arrangement for any children there is no need to go to court at all.
However, if parties are unable to reach an agreement regarding the division of assets, arrangements for the care of children, or other aspects of their separation, it may become necessary to engage in legal processes. In relation to parenting arrangements, the Family Law Act 1975 states that before a party makes an application to the Federal Circuit and Family Court for Parenting Orders, parties must attend or at least attempt to attend family dispute resolution (mediation). Exceptions to this requirement include cases involving family violence, risk of child abuse, urgency, or circumstances where a party is unable to participate effectively.
When do You need a Family Lawyer?
To ensure that any agreement between separated parties is clear, well-defined, and legally binding, a legal document is usually required. A family law solicitor can assist you by explaining the different types of documents available to formalise the division of assets and liabilities, as well as arrangements for the care of children.
There are several types of documents you can use, and your solicitor can help you determine which one is best suited to your situation. Once you’ve decided on the appropriate type, your solicitor can draft the document to accurately reflect the agreement between you and your ex-partner, ensuring it is clear and legally binding.
Why is it important to get Legal Representation?
It is always in the best interests of both parties to seek independent legal advice from a family lawyer.
Parties often find that once they have entered into binding documents drafted by their lawyer, there are fewer arguments between them and they can move on with their lives with certainty following their separation or divorce.
Contact us
Our team at Etheringtons Solicitors in North Sydney are skilled at handling complex Family Law matters. If you need assistance with any area of Family Law, please do not hesitate to contact us on 9963 9800 or enter your details in the form here .