According to statistics, in Australia, almost 33% of marriages end up in separation or divorce. Divorce is when husband and wife decided to end their relationship and then go to the legal process through the system of the court and have the court decide and declare that the marriage has ended officially. If they want to marry another, they can. In Australia, before a couple can apply for divorce, they should separate first for a 12-month period. Then it'll usually take about 4 months to finalise the divorce from the time of application.
As the number of separation increases, there is also much wrong information regarding the settlement process after the divorce. Note that there are no quick ways or rules as to what is the other party is going to get after the marriage breakdown. The court will decide and it is a case to case basis. The decision will be based on the facts and information for each marriage and every outcome is different from one another. The divorce settlement is long and expensive. It's time-consuming too. But there is a better alternative in Australia instead of the traditional and pricey process of settlement.
A divorce settlement is the final legal agreement reached by couples after divorce. It has the arrangement and adjustments as to what properties and responsibilities will be divided for each party. Should they decide to end their marriage, financial resources, assets, and liabilities between couples will be divided. This includes anything of value such as cars, jewelry, money, trust funds, business, and even debts and loans. Responsibilities deals with the custody of the children, child support and visitation. Majority of the couple who gets divorced in Australia prefer to arrange this without seeking assistance from the court and still happy with the outcome. Here's are some option to come up with a divorce settlement outside of court.
Collaborative divorce. This means that the couple should arrive at a mutual at the same time satisfying conclusion. With his method, each party has more control over the details instead of letting the court decide for everything. Each party will have to get an attorney to represent each other. Because this is a special process, you don't want to hire just any lawyer. You need a skilled divorce lawyer who has the expertise and skills required. Going through a divorce can be a difficult process. It is very exhausting emotionally, physically and legally. Hiring a good lawyer can reduce stress and you can be sure that they have your best interest at hand. You may still need to provide your information but your attorney will take care of almost everything else. This means you have more time to take care of yourself and your family. As we know it, divorce proceedings are hard to understand. It's complicated. Thus mistakes should be avoided. Going through a divorce, there is a tendency that you can't think clearly. If you provide even just one error on the details, chances are the process will be delayed. As much as possible, your case should be handled properly the first time. Divorce lawyers will listen to your issues, concern, and worries so when it comes to your wishes, your attorney will be able to present them in legal document correctly. It will be free of mistakes and it's very precise. Under collaborative divorce, your lawyer will make you aware of your rights as well as the necessary information under the Australian law. It may cost you more money but you can be sure that you get what you deserve. Remember that it's very difficult and sometimes impossible to change a divorce order once it's already processed by the court. So you may want the proper guidance from an attorney to make sure that you are represented in the best way. This will also expedite the process and come up with the best resolution possible. With this type of method, you and your partner have the control of the decision making with the help from your lawyers.
Another method for divorce settlement is mediation. This is very flexible and can help you get a divorce out of court. This is usually the option when a couple cannot agree on a fair settlement. It's actually the least expensive option because you can avoid paying multiple lawyers in processing the divorce. Although if you wish to have an attorney to give you legal advice, that is also possible. During this process, a mediator will meet you and your spouse to help resolve the issues. You should be getting an experienced divorce lawyer to act as a neutral mediator and will help you through the process. Before filing for divorce, the mediator will explain and help you understand the legal proceedings to reach an agreement. The mediator doesn't make decisions but facilitates while you and your spouse figure out what's best. Everything that is discussed during your sessions will be kept confidential. This could improve communication between couples and help them prevents conflicts from moving forward. However, this is not applicable to all. For a relationship with domestic violence and abuse, this might not be a good process as negotiating will be hard. Mediation can only be successful if both parties are willing to compromise and negotiate.
Divorcing out of court in Australia actually depends on the situation and divorce case. You need to examine every aspect to determine whether divorcing outside of court is good for you. If you and your spouse can agree or negotiate on most of terms and conditions, if not all, then you are in for a gentle and steady divorce process. Once you have agreed to the settlement, your lawyers will just have to prepare the legal documents, submit it to the court and have it validated. But if you find it hard to come up with an agreement and you feel that you are just going in circles, then getting the court involved might be best.