For many couples getting divorced is not only an emotional challenge, but a financial one as well. Most families cannot afford to take their collective earnings and assets and split, or share them, and maintain their current lifestyles, separately. More importantly, the change of going from a family that lives together, to children living with separate parents, at separate times and days of the week, can be extremely stressful for everyone to adjust to. But if you can communicate effectively with your spouse or partner, you can work together, in a cooperative format, to craft and create your own family tailored legal solution to your pending divorce.
How Do We Start Crafting an Individual Legal Solution to Our Divorce?
Whilst agreeing to work cooperatively with each other through the difficulty of getting divorced is a great first step, it can be hard to find law offices that cater to this type of cooperative solution. Most solicitors will use a cookie cutter approach to settling a legal divorce. However, at Owen Hodges Lawyers we have solicitors who are well versed in the law, combined with a creative energy that will help you to formulate the most advantageous outcome for both parties.
What Does Owen Hodges Lawyers Have to Offer to Divorcing Couples?
- Initially, Owen Hodges Lawyers will ask you to provide a combined list of all your individual assets, current salaries, joint living costs and any jointly owned properties and/or jointly owned assets.
- Owen Hodges will want to discuss with you how you feel your children’s needs can be best supported by each of you in your new individual environments. This includes which parent is more available for your children’s daily schedule demands such as getting to school, being picked up after school, going to after school care, attending extracurricular activities, visitation and/or custody schedules and a host of other concerns and needs you might have regarding the best care for your children.
- It will be important for both parties to define their goals for the outcome of their divorce. For some, it is important to preserve their relationship in a way that permits them both to be present and available for their children’s needs. If this is known at the start of the process, this desire can be preserved.
- If you are able to make these important decisions without the need for third party intervention, Owen Hodges Lawyers can then shepherd you though the drafting of your divorce terms and paperwork required by the Court, to make your marital dissolution possible.
What If We Need Additional Assistance – Mediation/Arbitration?
While it is fortunate when couples can come to agreements regarding the division of assets and custody concerns on their own, this is not always possible. However, even if that is not possible, couples do have other options for assistance before needing to ask the Court to make decisions for them. At Owen Hodges Lawyers we also offer clients access to mediation and/or arbitration.
- Mediation offers couples an opportunity to use the advice and assistance of an objective third party, called a mediator, to help them reach an agreement that they can both live with.
- Mediation can be scheduled at a time that is convenient for both parties.
- Mediation is more cost effective than going through the Court system as it often requires less hours and assistance from legal counsel.
- Mediation is voluntary, allowing any uncomfortable party to choose to end the session.
- Mediation is non-confrontational and confidential which allows for open honest discussion that can often lead to a positive outcome and settlement.
- Mediation allows both parties to remain in control of the decisions they make with regard to the division of their assets and the care of their children. This option is not afforded to families when the Court is making these decisions on your behalf.
- The process of mediation does not need to be completed in one session, so the parties can control the pace at which they move forward which allows time for both people to think through the decisions they are committing to.
What Are the Options if Mediation Is Not Successful?
If mediation is not successful in its entirety, it may give you a good start toward an amicable settlement agreement. But if additional assistance is needed to complete the process, Owen Hodges Lawyers can assist you with completing the balance of the steps to secure your divorce. This includes;
- Continuing to assist in the financial agreement, custody concerns, spousal maintenance and child support determinations, division of superannuation accounts and any other issues you need assistance with.
- Completing and filing all documentation required by the Court to secure dissolution of the marriage or partnership, including Consent Orders.
It is always best for a couple to maintain control over as much of the divorce process as possible by coming to mutually agreeable decisions about their assets and the ongoing care of their children. But, if this is not possible, the experienced solicitors at Owen Hodges Lawyers are here to help you complete the process in the easiest way possible.
If you need assistance, please contact the offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation on 1800 770 780.