After
the divorce of a couple (or de facto partners) the divorce settlement can
sometimes be prickly, acrimonious, thorny and emotionally charged sometimes.
The whole proceedings may not be as emotional as a child custody dispute, but
it can grow protracted, and become costly in the end.
After a
divorce of married couples or a de factor partners, the Tweed Heads divorce settlements that follow can sometimes be acrimonious, with various emotions still running
high between the parties. It may not be as emotional as child custody disputes
but it can be protracted, and can become costly in the end.
To
handle such settlement, an experienced and competent lawyer can bring focus to
the mediation process better than any of the parties involved. The lawyer can
be devoid of unnecessary emotions. Instead, the proceedings can best serve the
interests of both parties without any reservation.
Steps
Property
settlements in Australia come in four steps. First, there is the identification
of assets (finances and liabilities), the assessment of financial and
non-financial contributions. Coming next is the future needs and considerations
of both parties.
In the
end, there are the future needs factors – ages and health of the parties, which
one has the care of the children, and other considerations, (The court may give
the party with the lower earning additional loading of the property.)
After
the process of separation, a property settlement can be executed right away. If
there is no agreement, the statutory time period to make an application to the
courts takes effect immediately. For married couples, it is one year from the
date of the divorce order and two years for de facto couples from the date of
their separation.
Notes
It can
be a big mistake for one party to keep the other spouse in the dark regarding
the finances. Part of being organized is to make copies of im0ortant financial
statement records (bank accounts, brokerages, retirement) and other conjugal
properties.
This
includes other data regarding the marital lifestyle (checking accounts, charge
cards, tax returns and others. This is very important on joint checking and
brokerage accounts, or assets that can be liquidated or re-titled without the
other party’s knowledge.
This
includes other data regarding your marital lifestyle (checking accounts, charge
cards, tax returns) and others. This is especially important on joint checking
and brokerage accounts or assets that ca be liquidated or re-titled without
your knowledge.
Mediation
With mediation,
your spouse and you can reach a fair settlement of most issues of your divorce
(child custody, support, alimony, property division, etc) and save your case
thousands of dollars in fees and emotional stress on your part.
In
mediation, there is a third party mediator to meet both of you to help reach an
agreement. This is totally voluntary and the mediator will not be a judge in
any way.
Mediation
has a neutral 3rd party mediator (usually an experienced lawyer
trained in mediation) to meet both you and your spouse to help reach an
agreement. This is totally voluntary and the mediator will not be a judge in
any way. Tweed Heads divorce settlements can be messy or they can be thorough.
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