Hiring A Divorce Attorney When You Are Sad and Angry

Hiring A Divorce Attorney When You Are Sad and Angry

What Is the Legal Property Division Process, in the Absence of Pre-Nuptials?

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When two people enter a relationship, they will frequently look at everything through rose tinted glasses. They may never see problems down the road and as a consequence may not consider the legal ramifications of mingling their lives together. In an ideal world, they would consult solicitors to help them draft “pre-nuptials” which would detail how property would be divided in the event of separation. While these agreements are usually legally binding and enforceable, things get a lot more complicated in their absence. What are the options in this case? Applying for Settlement Unfortunately, many separations end in acrimony. In this case, it’s often difficult to look at things logically and calmly and agree about property division. When agreement cannot be reached applications for property settlement have to be lodged with the court. This will usually be a family court or the Federal circuit court. Arbitration, If Possible In most cases, it is still possible to negotiate and seek the help of arbitration to help reach a settlement before needing to go through the onerous process of actually achieving a court judgement. If this is not the case though the court will need to make a decision, which will first require a hearing in front of a judge. First Things First The first step is to attribute value and identify the particular assets and financial resources of both parties, together with their liabilities. In many cases this can be quite a complex exercise and may involve specialists being brought in to help determine the actual numbers. What about Contributions? Next, the individual contribution made by each of the parties has to be determined to see what, if any, indirect or direct financial contributions were made towards the value of the properties. The court will want to consider what contributions were made to the family unit as a whole by one of the parties, either as a parent or as a homemaker. Were Contributions Equal? The court will generally start from the basis that both parties have made equal contributions, especially in the event of a lengthy relationship. But in the case where the relationship was not very long then much emphasis will be placed on the direct financial input by both parties and whether or not one of the parties had a lot more assets than the other. The behaviour of both parties will be assessed to determine whether one of them was particularly reckless in their conduct, resulting in a financial loss to the other. Assessing the Needs The next step is to determine what happens in the future for each of the individuals. For example, who will take care of any children, what is the individual capacity for gainful employment, what standard of living can be considered to be reasonable and other factors. This information will help the court to determine whether there should be any adjustment to either of the parties in relation to those future circumstances. The Final Decision All of this information is taken into account by the court, who will ultimately determine whether any proposed asset division is equitable to both...

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How Does Domestic Violence Change The Interpretation Of The Law?

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Domestic violence is a vice that is frowned upon across the globe.   The occurrence of domestic violence in a family law dispute can have a significant impact on the manner in which various aspects of family law are interpreted in the particular context.  This article discusses a few ways through which the occurrence of violence can alter the interpretation of the law. This information is especially beneficial to those studying to become family law practitioners. Domestic Violence And The Presumption Of Shared Responsibility Under Australian family law, a child’s parents are presumed to have an equal say when major decisions that will affect their children lives are to be made. Examples of these decisions include matters related to schooling, the children’s health, and matters of religion. However, the occurrence of violence is a deal-breaker in the content of shared responsibility. This is because the presumption of shared responsibility ceases to apply immediately the blows and kicks land. Consequently, Australian courts will often grant a parent who has suffered violence full responsibility for major decisions in the lives of their children. Violence And The Requirement For Mediation Australian laws require warring parties in a family law dispute to undertake pre-action procedures aimed at settling a dispute, or aimed at reducing the number of contentious issues in the dispute. Pre-action procedures are often guided by a mediator or a related dispute resolution practitioner. The practitioner issues a certificate that will be required when filing a case with the family court.  Again, the occurrence of domestic violence invalidates this requirement. Therefore, victims of violence can go straight to court if they have sufficient evidence. This helps to prevent the “delay of justice” for partners who may have suffered violence. Domestic Violence And Property Settlement Under normal circumstances, the settlement of property in a family law case is done in accordance with pre-determined parameters. These parameters include the contribution made by each spouse and their individual needs. A spouse’s individual needs will depend on various factors including their age, health condition and their employment status among several others. If a spouse suffered domestic violence during the period in which the property/assets to be settled were acquired, their contribution to the acquisition of these assets is deemed more valuable. This is because they’re considered to have acquired such assets under extreme difficulty. This helps to explain why property settlement will often favour spouses who have had the unpleasant experience that is domestic...

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Navigating a divorce in good faith

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While in some cases the causes for a divorce is a single and shocking event, in many cases divorce simply happens when people grow apart. If you find that you have simply grown apart from your spouse, here are some tips to help you navigate the divorce in good faith. Allow some time If you are looking to get a divorce, it’s best to give your partner some time to adjust to the news. If you leave it longer and the divorce request comes up when you are looking to re-partner, this can complicate the negotiation process. Allowing some time can let your partner see how you plan to act post divorce and let them see that there is no malice in your actions. If you have children and want to negotiate shared custody, showing your dedication to continued shared parenting can be useful for your ex-spouse, as we’ll as being usable in any future court hearings. Keep records While you are starting the process of separation and divorce it is useful to keep records of relevant dates of conversations and copies of any emails or other messages you send including the time and date of any counselling sessions. While it might feel like this is not needed, it can be relevant later on if there is a disagreement over the point that various matters, including financial settlement and child custody, have been established and agreed upon. Keeping as much information as possible recorded can keep matters more simplified and prevent disagreements. Get legal advice Even if your intention is to keep matters in good faith, it’s prudent to seek legal advice so that you are fully aware of your rights. This can allow you to sensible and informed decisions about what settlements you reach with your ex-spouse. In many cases seeking early advice helps to minimise stress further down the line. Communicate your decisions as a couple If you want the divorce to be on good terms, one of the most effective tools you have is communicating the same story together. Work with your ex-spouse to negotiate times to talk to your children, extended family and other parties such as schools and doctors about your intention to divorce on good terms. If you are looking to divorce your spouse on good terms, you should leave plenty of time to communicate and negotiate. Getting legal advice from a family law firm and being aware of your rights helps you to make sensible and informed...

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