Getting a fair outcome

Important Aspects to Consider Before Divorce

The complexity of a divorce will vary depending on the disagreements arising over children and the accumulated assets. Moreover, the court will not allow a divorce to proceed unless proper parenting plans are made for underage children. When the irreconcilable differences in the marriage are clear and there are no kids involved, the divorce process will be fairly straightforward.  However, in most divorces, there are extensive complications so it is advisable to engage a family lawyer. Here are the main aspects that you should evaluate before divorce to minimise future legal complications.

Parenting Responsibilities

Children are very vulnerable during divorce so they should be a primary consideration before divorce or even separation. It is advisable to agree on a parenting plan, where you and your spouse will share the practical responsibilities for any children under the age of eighteen. The agreement should be developed with the children's best interests in mind. The court will evaluate the plan by considering factors such as age, gender and even maturity. The scheme should show that the child will be able to have a relationship with the two parents. They should also be protected from physical harm and unnecessary psychological strain. You should include your divorce lawyer in the process, if you cannot come up with a reasonable plan without assistance.

Child Support and Spouse Maintenance

The responsibility for financial support of the children below eighteen years should be shared by the both parents. The appropriate level of finances will be evaluated by the Child Support Agency with consideration of your circumstances. The laws that govern child support requirements are quite complex therefore, you should never agree to any scheme without consulting your lawyer. You and your spouse will be required to support yourselves individually after the dissolution of the marriage. However, there are exceptions where an ex-spouse will have to be supported. For instance, this will be necessary if one is incapable of self-support due to circumstances such as physical disability or, the main responsibility of one of the parents is caring for young children.

Property Division

It is advisable to decide on the best way to share the assets before going to the court so as to avoid complicated legal disputes. If you have an agreement, you will only need consent orders from the court for your informal decision to become official and legal. Court ruling on property settlement can be time-consuming and stringent so consult your lawyer on possible alternatives such conciliation and mediation.

For more information, contact Griffiths & Godecke

About Me

Getting a fair outcome

When my friends make lawyer jokes, I just shake my head. Lawyers help our clients to get fair and equitable outcomes in and out of court and there is nothing more Australian than a fair go. With large and small clients coming in with new problems each day, I never quite know what the new day will bring, but that's the great thing about being a lawyer. Legal practise is always changing, always challenging and always rewarding. The one thing that stays the same no matter what the case details is that our focus is on getting the best outcome for our client.