The breakdown of a relationship – be it a marriage or a de facto – is always a stressful and painful experience. However, there are some legal options that can make working through this change easier. Using professionals to assist you and your spouse in assessing your joint assets and distributing them between yourselves can make the process less daunting.
There are two options for deciding how to dissolve your union and distribute the assets you have built together. The first option is to work with a mediator and make these decisions yourself with a neutral party’s help. The second option is to use the court system. There are pluses and minuses to both paths which we will explore.
Mediation
Mediation is a process by which both parties agree to use a neutral third party to help them come to the terms of their divorce.
Mediation provides many benefits to both parties. Some of these benefits include;
- Keeping your costs for professions and court fees to a minimum
- Maintaining control of the decision you agree to make and abide by
- The process is confidential and cannot be used against you at a later time, including if you must go to court in the future
- Mediation is less time consuming
- Mediation tends to come to a resolution that both parties can agree to faster than court decision are issued
- The cooperative environment of mediation is less stressful for everyone, including children
- Using mediation can allow you to be more flexible and more creative by allowing you to craft your dissolution and its ramifications in a way that best suits you and your family
However, sometimes mediation is not an option. This can happen when parties are not willing to cooperate or provide accurate financial information. It can also happen when parents cannot agree upon custody rights or child support or spousal support. In these instances, mediation can be tried but is not likely to be successful and the parties will need to request the court’s assistance.
If this happens then the first action each party will want to consider taking is hiring a solicitor. Once you have hired someone to assist you in the legal process, litigation can proceed. If you choose to represent yourself, you may, but it might be wiser to use a legal professional.
Litigation
Litigation is the process of using the Family Court system to help you and your spouse or partner dissolve your union.
There are some positive aspects to using the court’s assistance to dissolve a relationship or marriage. Some of these benefits include;
- Having the full assistance of a solicitor
- The court rules and time constraints built into the process that help your case stay on track
- The confines that the law provides and are evaluated and implemented by a Judge’s decision
- The expectation and demand that all financial information be provided by both parties
- Assistance with custody arrangements and the family services available to help a couple come to an agreement in the best interest of their children
- Decisions made by the court and a Judge are fully enforceable should one party not abide by the Court’s Orders
- The expertise of the Family Court Judges and Family services staff
- In the instance that there has been any form of abuse within the family, the court system can provide a wider variety of protective services
But it is important to keep in mind some of the downsides of proceeding with litigation. Most litigation processes are more expensive than using mediation and move much slower at reaching their intended conclusion. In addition, the stress of litigation can be very hard on everyone, particularly children. And, lastly, the parties do not maintain any control over the outcome of the terms of their dissolution.
While every couple must take the route best for them, it is recommended that both parties seek the advice of solicitors and mediators before choosing the path that is right for them.
If you find yourself in need of assistance, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.