Not all divorces end up with former partners battling it out in heated Family Law court sessions. Often, separations can be quite amicable, with both parties simply wanting to move on with their lives. Even if there are limited assets, or both parties are happy to work out the division of assets themselves, a lawyer still plays a key role in divorce proceedings.
An amicable separation when the parties aren't married doesn't require legal intervention. However, to finalise a divorce, the matter must go through the courts. Even if there is no dispute about any aspect of the divorce, it must be finalised formally.
A lawyer ensures that accurate records of all formal discussions relating to the divorce are kept. Typically, once a divorce is finalised, there is no further recourse. But it's important to remember that separations can begin amicably and then worsen, so it's best to have legal representation during the process.
Believe it or not, lawyers can help keep relationships amicable during a separation. By finalising matters quickly, easily, and with all parties in agreement, a lawyer can prevent relations from deteriorating. As we mentioned, separations are tough for everybody, and negotiations can become problematic even with the best intentions. Lawyers help the two parties communicate more effectively and remove many triggers that could cause conflict during a separation.
Many couples who separate amicably aren't in a rush to finalise a divorce or other proceedings. If the parties get along well and there are no disputes about property or custody, there isn't always a need to rush into a divorce. However, by seeking legal advice and going through the process formally, you can ensure there are no loose ends to tie up. Often, this is best for both people, as it removes the possibility of disputes in the future.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
