Every relationship has hurdles that must be overcome and most of the time, the relationship is strong enough to weather the storm, however, there might come a time when it is best for both parties to call it a day. If both parties are in agreement and emotions are not high, divorce is the best way forward and that involves the division of joint assets.
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This is a question that many people ask and the answer is, as soon as you know that the relationship is over. You don’t have to tell your partner you are talking to a divorce lawyer, at least not in the early stages when you can discuss options with a legal professional. Things like marital assets, child support and visitation rights need to be decided upon and prior to doing anything, you need to seek legal advice.
According to Australian law, all joint assets should be divided equally among both parties; hopefully, an agreement can be reached, rather than having to approach a court for a decision. One typical agreement is for one person to keep the family home and pay an agreed sum to their ex-partner; a loan on the property enables this to happen, or failing that, the family home can be listed for sale and both parties receive an equal share.
This is the desired result, which keeps legal fees down and does not waste valuable court time; indeed, both lawyers would act as mediators to find a suitable agreement, which might involve child support, asset division and other aspects of the breakup. Your lawyer would have a lot of experience and he or she knows the law and can usually predict judicial outcomes.
Of course, your partner will have a lawyer and if face-to-face meetings with your ex become emotionally charged, it is best to instruct your legal counsel and let things move forward that way. You might be lucky and the divorce is an amicable affair, which does make things much easier. Your lawyer can handle the stress, while you can focus on the next exciting chapter of your life, plus your lawyer will keep you informed at all times.
It is perfectly natural to try to repair the damage in a relationship and marriage counselling could be the answer; in some relationships, a lack of communication is a major issue and counselling can highlight this and develop a better line of communication. If it is possible to have a positive discussion with an experienced third party in attendance, it can bring results; if the counsellor feels the relationship is not saveable, they would likely recommend separation and then divorce.
If your relationship is not what it used to be and the same issues arise time after time, it might be time to wind things up and move on to the next chapter of your life.
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