Preparing for Divorce

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28/01/2019

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While it’s not something most of us like to think about, the fact is that there are almost 50,000 divorces in Australia each year.  If you are considering separation or divorce, it is important to speak to a good family lawyer in Cairns so you know what to expect and how to take care of yourself throughout the process. 

We know that nobody expects to end up separated or divorced or none of us would say “I do”, but if it does happen to you, you don’t want an already stressful situation like the end of a serious relationship to be further complicated by Court battles over custody and finances. The problem is that family law is a complicated business and going it alone often leads to less than desirable outcomes.  

What can a family lawyer in Cairns do?

A good family lawyer will help you set aside the emotional aspect of the process and focus on your best interests.  They should also favour low-cost options such as mediation and negotiated settlements rather than drawn out and costly Court battles where possible.  Avoiding the need for Court, particularly in cases where there aren’t a lot of assets, is usually in the best interests of the entire family.  

Preparing for separation or divorce

Here are a few tips that can help you to smooth the way and reduce the stress of going through a separation.

  1. Organise your finances: There is a requirement for all parties to provide full disclosure of their assets and liabilities, including bank accounts, properties, motor vehicles, shares, superannuation, and assorted other property.  Having copies of all your financial statements and bank balances and a list all of your assets and investments can help speed up the process as your lawyer isn’t waiting around for you to dig out paperwork.  It also means that you will have a more complete picture of your financial position and will be better able to decide what assets you wish to retain in the separation.
  2. Don’t get personal: The end of a relationship is about as personal as it gets, but that doesn’t mean it is either appropriate or desirable to drag children or other friends and family members into the argument.  This usually leads to the situation dissolving into something that is very hard to come back from. Remember that if you have children together it is very likely you will need to deal with each other in some capacity for the rest of your lives – treating one another with politeness and respect can go a long way to ensuring an amicable separation and better long term co-parenting relationship.  Maintaining a polite relationship may also make the other side less likely to “fight to the death” and settlement can be finalised much more quickly, saving you both stress and legal fees.  
  3. Remember that children are children: If you have children, you don’t want them to be any more affected by the separation than needs be. So keep their interests at the forefront of your mind and do your best to help the process along. Don’t speak poorly of their other parent where they can hear you – remember they still love both of you and making them take sides isn’t in their best interests.  

To make an appointment with a family lawyer in Cairns, call us on 07 4052 0700.

At Cairns Divorce Lawyers you will always speak to a Lawyer