What is a divorce?
Divorce is the legal termination of the marriage. It is the dissolution of the marital union. Separation is the preamble to divorce. Sometimes a separation is crucial to healing yourself. Before you do, you must know what to expect from separation and how to get the best outcome out of it. For appropriate financial and legal advice, it’s better to consult family law specialists Melbourne.
Separation and divorce are emotionally tedious affairs. At these times, people often tend to make financial and legal mistakes that’ll result in blunders if not thoughtfully corrected. Divorce agreement from both the parties is an essential feature of separation. The terms and conditions should be discussed with family lawyers Collingwood because formulating an agreement that’ll benefit both after legally separating.
Issues that arise during separation
Divorce is a big decision, but that’s just the first step. Once you 100% decide to terminate your marriage, you need to consider the future of the children, settle legal property matters and financial terms. An attorney or family law solicitors Melbourne come off as great help to formulate a divorce document that’ll benefit you and your children.
- The number one problem that arises while separating is sharing of property. After being in the marriage for over 20 years or so, building and buying property together, it can be extremely difficult to share it amongst the two parties equally. For a fair agreement, expert advice can be used from family law specialists Melbourne.
- The other important issue that concerns the separating couple is the future of the children and their wellbeing. The divorce of parents can be emotionally and financially stressing for the children. Their young minds can’t understand the seriousness of the situation; hence, it’s crucial to ensure their life isn’t full of obstacles. For more clarity, child custody lawyers Melbourne can extend their help.
How to get a divorce?
Each family is different. Some common factors influence people while deciding how to get a divorce. The main factors being: –
- Being in control of your future after the divorce
- What would be the best for your offspring?
- Whether your financial affairs are unclear and complicated
- Avoiding a lengthy battle and prolonged divorce procedure
- Getting the help of an attorney or mediator to make sure the agreement is fair
- Looking for the best option for closure and certainty
- Making the process as painless and less tedious as possible for both the parties and their children
- Being able to manage the costs involved in the divorce procedure
Think through all the issues and things that concern you and your family and consult family law specialists for the best working solutions.
Preparation for a fair divorce agreement
Most of the disputes arise when property and finance are divided amongst the two. One shouldn’t make legal decisions emotionally. Maintain a proper file with required documents to make sure the process the fair and smooth.
- Start a divorce file. It must contain all the documents pertaining to financial matters. A fair divorce agreement depends on having an accurate and precise idea about your assets, finances, and debts.
- In the file, add copies of the following:
- Insurance policies
- Tax returns for the past five years
- Retirement bank account
- Pension statements
- Employment contracts
- Employer-provided benefits for the both of you
- Bank loans and debts to be paid
- Property documents
- Bills of big purchases like a car, jewellery, etc.
- Recent pay stubs
- Social security estimates for the both of you
- Property owned prior marriage: personal property
- Mention in wills
- Power of attorney
- Stock options
- Medical directives
- Property tax documents
- Recent credit card statements
- Household expenses of the last year with bills
- With all these documents, you and your lawyer will have a crystal-clear idea on how to go about your divorce agreement.
Things your attorney will tell you
Attorneys like family law specialists Melbourne have expertise in family legal affairs. There are certain things that only they can tell you, that’ll make your divorce procedure smooth.
- Everything is fairly divisible
People often think that they only have held over their personal property. That isn’t true. Everything from club membership to a legal property is divisible amongst the two
- Get your property valued
When it comes to separation, being aware will do you good. Don’t underestimate the value of your property. Get it legally assessed to know the worth.
- What’s the biggest asset?
Often people mistake a big house for the best asset, but it isn’t. The biggest asset is the retirement or pension account. According to qualified domestic relations order, you can claim your portion of your spouse’s retirement plan. Don’t forget to consider that.
- Division of property is an art, and not everyone can master. You need expert advice from family law specialists in Melbourne.
The future of your child
Decide what’s apt for your situation. Sole custody shared or split custody. Child custody lawyers Melbourne can give you an insight on it. Agree upon terms of visitation, expenses, and stay of the child. Child support is a payment done, for providing a sound life for the child post the separation. Discuss child support matters legally. Child support lawyers Melbourne are the experts you need to take help from. The child support must be included in detail in the divorce decree. The decree can be amended periodically as the child grows.
You need to take in consideration of the expenses involved with your child’s doing. It can include academic fees, extracurricular and sports activities, etc. The court allows the expenses to be included in the amount of child support to be paid. Ensure the expenses are fairly split amongst the two parents.
Separation isn’t the easiest process to go through. Be emotionally stable and deal with the legal and financial matters with a clear mind to lead a comfortable life later. Choose VIC family lawyers for as your family law solicitors Melbourne and ensure you get the best outcome.