NEED A DIVORCE? WHAT HAPPENS NEXT…

For those coming to a realisation that the marriage is ending, you’re probably racking your brains on the best way to wrap everything up legally so that you can proceed to ‘recovery’ both emotionally and financially from your potential former spouse.

But what actually happens from here? How you approach divorce will depend on your individual situation. Fortunately, most states and divorce lawyers offer a few options to try and find the easiest method of a divorce settlement that, once approved through the court, legally terminates your marriage.

MEDIATED DIVORCE CONTRACTS

A mediated divorce is a viable option for couples that can speak with each other amicably and agree on most of the main issues as well as in marriages that do not involve complicated child custody or complex financial issues. In a mediated divorce, the two spouses work with a mediator (often an experienced family lawyer) who assists the parties to negotiate the settlement and reach a divorce agreement. The mediator does not decide upon the result but works together with the parties to reach a resolution.

If you think you and your spouse can effectively interact to work out divorce terms, you could reap the benefits of this approach. Mediation costs much less than engaging in court battles plus the decision and approval through the courts is significantly quicker than with traditional divorce cases in court.

COLLABORATIVE DIVORCE CONTRACTS

In a collaborative divorce, each spouse hires a qualified collaborative family lawyer who agrees to participate in a collaborative divorce process, rather than an adversarial one (as per contested divorce situations). Both family lawyers have to be eager to do something to resolve the matter. In a collaborative divorce process, lawyers and their clients both work to appease the individual needs of the other party while trying to be fair and just to the result. It seeks the most favorable outcome for all parties (particularly the children).

CONTESTED DIVORCE SETTLEMENTS

Contested divorce settlements are the kind of divorce that’s regularly in news reports with celebrities ‘out for blood’. Unfortunately, these types of divorces occur in the real world too and generally take place when the two spouses aren’t able to concur on important issues. In the contested divorce, each spouse hires an individual attorney to represent their interests in an adversarial contest.

A contested divorce may be necessary for situations where:

• A child custody arrangement cannot be formulated
• There is a quarrel about how property or financial assets need to be split
• The marriage was abusive

When you are associated with a contested divorce, you will need a lawyer who is experienced with divorce litigation, that you trust, and who are able to best represent your interests.

WHERE TO FROM HERE?

We’ve helped thousands of separating couples and have a focus on Collaborative practice. Ian Field is a highly experienced mediator and has conducted many hundreds of family law cases, including in a capacity as an Independent Children’s Lawyer (ICL). To speak with someone that can help, call us on 1800 217 217. Aylward Game Solicitors, Ahead of the Game.


Source: Link

WHAT HAPPENS WITH DEBTS DURING A SEPARATION OR DIVORCE ?

ARE DEBTS SHARED IN THE CASE OF A DIVORCE?

It’s a natural question often asked when people are thinking of separating or are actually going through the separation process and heading for divorce. What happens to debts during separation or divorce?

Whether debts are shared can depend on a number of factors, but generally speaking, any accrued debt is the responsibility of both partners, just as the sharing of assets is.

One of the first steps in determining what each separating party is entitled to is to add up the assets and subtract the total debt. This will leave the net asset amount (or liability if the net amount is negative due to debts exceeding assets).

DEBTS FOR MUTUAL BENEFIT

While it’s generally assumed in the beginning that debts incurred during the course of the relationship were for the mutual benefit of both partners, in some circumstances it can be proven that a particular debt was for the sole benefit of one party, and therefore the liability of that debt is their sole responsibility.

Something like a gambling debt would be considered an accrued debt solely in the interest and benefit of the partner that created the debt.

There is also the situation where a couple are in the process of separating, but are not yet officially divorced. What happens to any debt accrued during this phase? What if one partner raids the joint bank account, or racks up a pile of fresh debt on the joint credit card?

TIMELINE OF DEBTS

In this case the courts will look at the actual timeline of when the debt was created and will take this into serious consideration throughout the settlement process.

The exception to this would be if a mutual debt was accrued post separation that benefitted both parties. A mutually beneficial debt will likely be included in the final asset pool.

Divorce settlements can often be a very emotional and confusing process, so to approach the situation with a clear mind and to understand how everything works and what your rights are, then it’s best to discuss the settlement process with your lawyer.



Ref. WHAT HAPPENS WITH DEBTS DURING A SEPARATION OR DIVORCE

SIMPLIFY THE DIVISION OF ASSETS WITH THESE TOP TIPS

When it comes to the break down of a relationship that culminates in separation and divorce, the division of property, assets and accumulated debt can become a real sticking point for many former couples. Divorce is stressful and emotional enough as it is without the burden of having to negotiate over material goods and finances, much of which might have been a major thorn in the side of the relationship and the very catalyst for the breakup.

In this post we’ll briefly cover some helpful tips that are designed to reduce the stress levels during this sometimes difficult process and make for a more amicable settlement.

UNDERSTAND YOUR RIGHTS

If you are going through a divorce or de facto separation, or you believe you’re on the brink of doing so, then seeking professional legal advice from experts in family law is the wisest course of action. You will want to know exactly where you stand with everything regarding your combined assets and liabilities, so you won’t be left in the dark. Understanding your rights and what you’re entitled too will lift a great burden from your mind, so you can at least be clear about that particular aspect of the separation process.

PRENUPTIAL AGREEMENTS

This point will obviously be dependent on whether a prenuptial agreement was in place at the start of the relationship. If there wasn’t, then it’ll be a moot point. If you and your partner did have a prenup in place, then the process of dividing assets, land, possessions, finances and liabilities will be simplified no end. It will speed up the entire process, allowing both you and your ex partner to get on with other things.

KEEP IT FAIR

In the heat of the moment, when emotions are very raw, many couples can be prone to either greed, or wanting to have more than their fair share simply out of spite. There are really two choices here. You can try and keep the split as fair and civil as possible. Or, if that’s just not going to happen, then the division of assets will be settled in the courts, making the process more stressful and more expensive.

Not everyone is able to think logically during an emotionally charged separation, but if you can manage to keep personal vendettas out of the equation, the easier the process will be.

AVOID THE COURTS IF YOU CAN

No doubt most people would prefer a peaceful mediation to determine the outcome of a property settlement. It’s a far more preferable proposition to battling it out in the courts. With the help of a family law specialist and expert mediation, you should be able to avoid going before the judge. And that’s really the best overall outcome.

SEEK SPECIALIST LEGAL ADVICE

For the fairest and most stress-free resolution to a property settlement, seek mediation through a specialist family law firm. In Brisbane, the team you can count on to get results is Aylward Game Solicitors.

Ref. https://familylaw.aylwardgame.com.au/simplify-division-assets-top-tips/

WHAT IS A PARENTING PLAN AND WHY WOULD YOU WANT ONE ?

Separation and divorce can prove to be a complicated process on a number of levels, even if there are no children involved. However, when a couple has had children together, working out an amicable arrangement can become a major point of conflict and concern.

Many drawn out court battles have occurred over the years due to each party fighting over child custody rights. In the past this was almost always a tough process, but these days there are more options in place to help parting couples reach an agreement that is both fair for each parent as well as the children.

WHEN DO YOU NEED A PARENTING PLAN?

The parents may be parting ways, but the relationship dynamic for the children basically remains the same. They still want both parents in their lives.

Today, many parents are opting for a less formal approach to negotiating rights regarding the children, and often this is achieved through professional mediation and the drawing up of a parenting plan.

With a parenting plan, through the help of a mediator, arrangements are made regarding when the children will spend time with the father and the mother, for what time period, where they will spend their school holidays, as well as the financial aspects of supporting the children.

IT TAKES TWO TO PARENT

For a parenting plan to be instigated successfully, both parents are going to need to adopt a mindset of fairness and be willing to compromise. This is all about what’s ultimately best for the children, as well as each parent.

Parenting plans are generally a more unofficial agreement made between the two parties, designed to make sure everyone is on the same page and the arrangement is fair for both parents and children alike. Once the plan has been drawn up and agreed to, both parents sign the plan with the vow of honouring it. It’s not a legally binding document unless a signed and witnessed consent order has been filed with the courts. If you do wish to make it legally binding, then you will definitely need the assistance of a law firm that specialises in family law.

Divorce and the separation of long-term de facto relationships can be stressful on many levels, especially where children are concerned. But a willingness of both parties to form a mutually beneficial parenting plan can relieve much of that stress. Reaching an amicable agreement outside the court room is always far more preferable to long and drawn out court proceedings to determine the outcome of child custody.

SUCCESSFUL PARENTING PLANS

To achieve a successful parenting plan, you need an experienced mediator, legal advice and, if you want to lodge the agreement with the courts to make it legally binding, you will definitely need a lawyer involved.

At Aylward Game Solicitors in Brisbane, we can assist both you and your ex-partner in coming to a mutual agreement regarding shared custody of the children. We’ll sit down with you both and help you formulate a parenting plan that’s for the benefit of everyone involved.

Reference: https://familylaw.aylwardgame.com.au/parenting-plan-want-one/

HOW TO SERVE DIVORCE PAPERS ON YOUR SPOUSE

Nothing about going through a separation and divorce is going to be easy, not matter how amicable the break up might be. Even the act of handing over the divorce application papers can be a tough moment, as it makes it seem that much more official; a fact made even tougher if the person on the receiving end doesn’t really want a divorce.

HOW TO SERVE DIVORCE PAPERS ON YOUR SPOUSE

Hopefully, before you actually have the papers served you’ve at least discussed with your estranged partner that you want a divorce, and the divorce papers arriving is not totally out of the blue.

Many couples may be estranged, spending time apart or officially split up, but without any talk of a divorce yet, so be sure to make this known that a divorce is what you want before taking official steps towards obtaining one.

SERVICE OF DIVORCE APPLICATION PAPERS

Generally, there are 3 common ways divorce application papers will be served:

1. Personally – This is where one spouse personally hand delivers the divorce papers to the other spouse. Most likely this scenario would be reserved for those going through a mutual and very amicable separation.

2. In the Mail – For those who prefer to take a less direct, personal, or perhaps potentially confrontational approach, often divorce papers will be delivered in the post so there is no direct contact or any chance of dealing with the immediate fallout.

3. Serving the Spouse’s Solicitor – This approach is pretty common, provided you know who your spouse’s solicitor is and that they’re open to receiving the documents in this manner. Not only can this be a convenient way of getting the ball rolling, but going through a third party can sometimes take some of the tension out of the process.

How To Serve Divorce Papers On Your Spouse

If you are planning a divorce, or your spouse is, talk to us first about your options, your legal rights, and how best to deal with your unique situation. No two divorces are exactly alike and we totally understand that. We’re here to help.

Reference : https://familylaw.aylwardgame.com.au/how-to-serve-divorce-papers-on-your-spouse/

WHAT MAKES A GOOD FAMILY LAWYER BRISBANE STAND OUT FROM THE CROWD ?

Trying to find the right family lawyer can be a bit of a minefield. Get it wrong and you’ll just be wasting money on a Brisbane family law firm that’s not right for you. In this article, we’ll look at what makes a good family lawyers Brisbane and offer tips on how to choose the right firm for your specific needs.

CHOOSE A LAW FIRM THAT DEALS WITH FAMILY LAWYERS BRISBANE

In the legal world there are many specialties, and therefore not all firms focus on family law specifically. If your circumstances require a family law expert, then the wisest choice of action is to seek out a law firm that demonstrates a commitment to family law and has a deep understanding of this particular jurisdiction. Delicate issues such as property settlement, child support and parenting agreements require the services of a firm that not only sympathizes but also has in-depth knowledge of the court processes involved.

EXPERIENCE IS EVERYTHING

While every new law firm deserves a chance, it’s in your best interests to choose a solicitor that has many years of experience practicing family law. After all, why trust the outcome of your situation to a law firm that is yet unproven? Family law is a highly specialized field, and it takes a solicitor with experience to understand your dilemma and offer the most appropriate solution.

SEEK PERSONAL RECOMMENDATIONS

When people are looking for a new doctor or some other specialist service, they often seek personal recommendations from those within their inner circle. Word of mouth referrals from those who have used a particular service is the best. If you know someone who has had success with a particular family law firm, then that’s a very good starting point.

IS THE FIRM A GOOD FIT FOR YOU?

When trying to decide on a family lawyer, it’s a good idea to first chat with someone from the firm on the phone. This way you’ll get an idea of whether their style is right for you. While a particular law firm may boast an awesome track record when it comes to results for their clients, it’s imperative you feel comfortable dealing with a certain firm and, more specifically, a particular solicitor at that firm.

IS THE SERVICE AFFORDABLE?

While this point shouldn’t form the sole basis for your decision, it’s also an important point to consider. After all, there’s no point in hiring the best family lawyer you can find if you can’t afford to pay for the service. You’ll just add even more stress to a situation that’s already stressful enough.

MEET YOUR LAWYER IN PERSON

Once you’ve chosen a law firm, make an appointment to meet with your new lawyer as soon as possible. Maybe even bring someone along with you to help you assess and decide if this is truly the right family lawyer for you. The sooner you meet and chat face to face, the sooner you will know.

Based in Brisbane, Aylward Game is a family law firm you can count on. We specialize in family law and have many years of experience, so call Aylward Game Solicitors first for a free case evaluation.




Source Article: https://familylaw.aylwardgame.com.au/what-makes-a-good-family-lawyers-brisbane/

GETTING A DIVORCE ? 5 TIPS ON TELLING THE KIDS

Getting divorced is tough enough in so many ways, but it’s made infinitely harder when children are involved.

How do you announce to the kids that Mum and Dad are splitting up?

No matter what age the children are, there’s no easy way of telling the children, but here are a few tips to make the process a little easier. Here are most 5 important tips for Getting divorced.

1 – DO IT TOGETHER

In some circumstances maybe this isn’t a likely possibility, but making the announcement with both parents present at least helps relieve some confusion and doubt. The difficult part is being able to break the news without bickering with each other in the process, if the separation is less than amicable.

2 – CHOOSE THE RIGHT TIME

You want to pick a time when everyone is present. It can be hard enough explaining this once, let alone multiple times over. You also want to make sure it’s a time when both you and your ex partner are calm and as relaxed as possible. After all, you want to keep this as stress-free for the kids as can make it.

3 – PLAN WHAT YOU’LL SAY IN ADVANCE

While neither of you want to sound like you’re reading from a script, having it clear in your mind beforehand about what you want to say, and how you’ll present it, will make the news that much easier to deliver in the best possible wording.

4 – BE OPEN TO FIELDING QUESTIONS

The questions you’re likely to get will be varied depending on the ages of the children, but invariably you will get some, so be prepared with your answers. As it’ll take some time for the news to sink in, most questions are likely to happen over the coming days and weeks after you make the announcement. Always be open to answering them openly and honestly.

5 – DON’T BLAME EACH OTHER

Rarely is it ever only one person at fault for a relationship breakdown, and it offers no positive value to the children at all for them to be subjected to hearing their beloved parents blaming each other for what went wrong. It’s best to keep stuff like that between yourselves and not subject the kids to it.

Seek legal advice form the best family law firm in Brisbane – Aylward Game Solicitors can help.

Article Source: Brisbane Family lawyers blog