Divorce Lawyer Family Lawyer

What should I expect if contemplating a divorce?

Divorce can be one of the most traumatic experiences one can go through in life. Even the most amicable divorces involve a life transition for both parties which covers psychological, social, physical and financial changes which place in a psychologically challenging situation. The law does mandate a certain approach to the division of property and the arrangements for children as a result of the breakdown of a marriage or defacto relationship.

Put simply, divorce is the legal recognition of the cessation of marriage. However, the making of a divorce application involves collecting a large amount of data about the financial circumstances of both of the parties to the marriage and their other circumstances in terms of the birth of children. Contested divorce applications require the courts to examine the assets and liabilities of the parties, the contributions of each of the parties to the marriage, the future financial needs of the parties and the practical effect of property settlement in terms on fairness. Where courts are asked to make a ruling about parenting arrangements they must take into account the best interests of children.

Because of the enormous expense, delay, complexity and uncertainty of litigation, courts have also adopted mediation as a common form of dispute settlement to be used in family law situations. The new pattern of dispute settlement is known as collaborative law and its advocates highlight research which shows that a collaborative approach to legal problems in family law contexts is often preferable for decreasing the effects of divorce on children and the emotional effect of the litigation on the parties.

If you are in a situation where you feel that you are considering legal proceedings in relation to divorce, we are happy to assist.