We assist with hundreds of separations and divorces each year.
Every divorce or separation has unique traits making the experience different for each person. That said, there are a handful of mistakes that are common occurrences in a divorce or separation.
If you’re contemplating divorce or separation, considering marriage or a de facto relationship, or in the middle of negotiations, this may serve as an excellent checklist to help you avoid these more common mistakes:-
1. Understand that marriage is a serious legal commitment.
"Marriage is like the lottery. You’re probably not going to win. But if you win, what you win is so great that it is worth trying. It's worth buying the ticket and taking the ride”. ~unknown
It is estimated that about half of marriages end in divorce or permanent separation. If I told you that there is a 50% chance that if you walk outside today you are going to get hit by a bus: you’re likely going to stay inside or at the very least take precautions.
When you purchase a house, the bank and lawyers will make you sign copious amounts of documents saying that you understand the implications of entering the contract.
When you get married, you will not even receive a pamphlet to say, ‘hang on, by the way, what you’re about to do is one of the most legally significant things that you will ever do in your life’.
The fact that you are entering into this significant legal contract when most people have no idea about what is involved in that contract is a strange concept for a family lawyer.
2. Talk about your finances.
An excellent way to do talk about finances is to prepare a Binding Financial Agreement as it forces couples to have a conversation about finances. Both parties are required to disclose all assets, so each person knows the other’s financial position before entering into the marriage or relationship.
3. If you have to get a divorce or separation, try and stay calm.
The biggest mistake for separating couples is making it into a winner or loser situation. People get so caught up in winning that they lose focus on what really matters.
People often get on the offensive when separation enters the mix, but it does not have to be that way.
If possible, it is best to try and work together to resolve disputes. Work out boundaries and agreements that work for both parties.
When you separate amicably and take a collaborative approach to separation or divorce, you reduce the cost and time while making things less unpleasant all round.
As a family and collaborative lawyer, it is my job is to take your hand and walk you through murky water and out the other side. Divorce and separation can be scary, but it's important not to get stuck in the middle.
Call us today to find out how we can assist you in reducing costs and stress during separation or divorce - 1300 414 855