The Value of a Solution-Oriented Family Lawyer

Family lawyers in Ringwood are experienced in handling separation and divorce cases. It is a large and complex area of the law, and as with any family law matter, it is full of potential for stress and conflict. An engaged and compassionate lawyer who is solution-oriented can steer you through these troubled legal waters, and bring your separation and subsequent divorce proceedings to a beneficial conclusion, often without recourse to the courts.

In addition to advice on marriage and separation, your family lawyer can prepare your application for divorce. The lawyer will understand the differences in the application of the law, whether you are seeking spousal divorce or separation as a "de facto” couple or same-sex couple. Your lawyer can address Child custody issues as well as property division.  Planning for the future is important as well – updating your will and estate planning are essential.

Property Division and Separation

There are several ways to proceed after separation, often depending on the ongoing relationship between the parties.  If the separated partners are on civil terms, there are different routes to achieving a financial settlement that can be worked out with lawyers, usually Consent Orders or a Binding Financial Agreement.

If no agreement is reached, there are a number of Alternative Dispute Resolutions open to the parties.  This includes the option of Mediation, both during court proceedings but, more effectively, as a way to avoid court proceedings. As a last resort, there is the option of settlement through the Courts, but only if absolutely necessary.

Spousal Maintenance is separate from child support and there is no automatic entitlement to it.  Again, it can either be addressed by an out of court agreement between the parties or, again, by Court Order.  However, a Court must be satisfied that the party being asked to provide spousal maintenance has the income or asset capacity to do so – and the intended recipient is in need of support.

The Kind of Lawyer You Need

Conflict is never pleasant and – despite the desire to avoid having a divorce proceeding ending up in Court – the right kind of lawyer can ease your stress immensely.

Your first task is to speak with  experienced family lawyers in Ringwood and serving the surrounding communities (including Heathmont, Vermont, Mitcham, Boronia, Wantirna, Bayswater, Croydon, Warranwood, Park Orchards, Kilsyth, Mooroolbark, Lilydale, Chirnside Park, Ferntree Gully, Knoxfield and Scoresby.)  They can provide you with a full range of family law services across family events, parenting and relationships.

Next, think about your own schedule. Family and work obligations often conflict to make even scheduling a short meeting a stressful undertaking.  Look for lawyers who are flexible with their time – not yours.  Are they prepared to meet with you after work hours and on weekends.  Will they travel to your place of work, or meet with you in  nearby meeting rooms for consultations.  Can they undertake that all-important initial assessment of your case over the phone or by video conference.

And, finally, think fees.  At your initial meeting, your Ringwood family lawyers will give you a very clear idea of the kind of costs you will incur as you move forward.  They will help you decide if a flat fee or an hourly rate is best for you.

Divorce and Separation Settlements

Family law in Australia works to protect the best interests of families and children. When couples begin the separation process, the courts will want to see that both parties have worked to resolve the partnership before they will allow a formal divorce. For spouses who are married, they must wait a full year plus one day before their application for divorce will be granted.

There is a wealth of resources on the Australian Government website available to those considering divorce. That said, if a decision has been made and both parties agree the relationship is over, an application can be made to the court for divorce. Through this process, couples will have to decide on settling property acquired before the marriage and during. If the couple has children, it will have to be proven to the court the children will have equal access to both parents and their interests are put first. Coming to an agreement can seem daunting, especially when feelings of hurt and heartache are prevalent. Coming to an agreement with your ex early on saves time and heartache for both partners and any children involved. It also significantly reduces the amount of time and money spent on legal meetings and time in court. By keeping an open mind and coming to the table ready to discuss the issues affecting your divorce settlement, you can move through the process more efficiently and come out on the other side prepared for your new life, post marriage. A good family lawyer will help you to see the forest from the trees when emotions are high. The first step to coming to an agreement is mediation.

Unfortunately, relationships do fail.  If you find yourself in a situation where you need a family law lawyer in Ringwood, make sure you take the time to ensure they are compatible with you and your busy schedule.