17 Mar 2014

Going through a separation or divorce can be extremely challenging especially when there are children involved, and it is fair to say that genuinely amicable separations are very rare.

 

The process of separation itself is almost always emotionally draining and decision making skills are often affected by people’s emotional distress.   It is important to remember that after the breakdown of your relationship, it is likely your partner will make decisions based on his or her interests rather than on the needs of the whole family. This is especially true if your former spouse re-partners during the family law proceedings.

 

Even if your separation and divorce is amicable, it is important to remember that family law matters are complex. You should always obtain appropriate advice to ensure that the best interests of the children are considered at the forefront of any settlement orders, and that any contemplated property settlement is fair and equitable in all the circumstances. 

 

If you choose to manage your family law matter yourself, you must accept that there is an inherent risk that you will be agreeing to a settlement that is unfair or inequitable, and/or in the case of parenting orders, that may not be in the best interests of the children.  In either scenario, you can expect that the Court will at best require significant amendments to your proposed orders, and at worst reject the settlement. 

 

Seeking advice from a family lawyer does not necessarily mean you are embarking on costly divorce settlement or litigation proceedings.  On the contrary, it will help you to be proactive in managing your risk.   Being informed about the law and how it applies to your situation may prevent you from making potentially detrimental decisions that can affect your emotional and financial wellbeing for many years to come. 

 

Before taking any action or signing any agreements you should consider discussing the specific circumstances of your case with a family lawyer to achieve the best outcome possible for you and your family.

 

This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office at reception@hhg.com.au or call us on 1800 609 945.

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