Reasons Why Divorcing Spouses Should Involve a Family Lawyer in Property Settlement

Law Blog

The decision to divorce has an emotional and psychological impact on the partners involved. Despite the difficulty of the situation, it is advisable to retain the services of a family lawyer throughout the divorce process because you still have to take care of property settlement. According to Australian laws, married couples that have decided on divorce have up to one year following the divorce to apply for property settlement. It is a short time; therefore, it is essential that you seek the services of a family lawyer to get you through property settlement claims. This article highlights expert advice on matters relating to property settlement and divorce. Read on.

Start Discussions Early

There is a common misconception that partners should only start discussing property settlement once they are officially divorced. It is a misconception that usually results from ignorance. In some cases, partners don't want to be seen as emotionally inept, and so they avoid raising the issue of property settlement until after the divorce is official. While the family attorney you hire might understand your explanation, they will still advise that you start the process early. Property settlement can be complicated and one year might not be enough, considering the emotional and psychological pressures that come with divorce. The earlier you start, the easier the process will be for you, your partners and the children if there are any.

Prioritise Legal Advice 

A common mistake which divorcing partners often make is discussing and proposing property settlement before seeking legal advice from their attorneys. This happens most often with spouses who have divorced mutually and want to keep property settlement as civilised as possible. That is why such partners will first agree on the basics of property settlement and then approach their lawyers with the proposals they have made. These are sentiments your family lawyer understands well. However, it is still vital to contact your attorney before making any suggestions to your partner. The reason is that the property settlement proposal you make without your lawyer's input might be counterproductive. For example, you might have made an overly generous bid which your partner might refuse to renegotiate.

Consider Changing Value of Property 

It is crucial to appreciate the fact that the value of property changes with time, even during divorce settlement negotiations. Therefore, you should ensure that your family lawyer does everything possible to finalise settlement discussions within a reasonable time. Any delays might end up costing you money. For instance, imagine that the family land's current value is $1,000,000 and there is evidence of a rising property market in the country. However, the value of the area may increase in value within a year's time and complicate divorce settlement proceedings due to the need to make adjustments to the property value.

For more information about family law, consult with a family lawyer.


4 February 2019

Unknown laws you might not know

I love all of those quirky laws that are still on the law book. It's a little hobby of mine to track down some of those laws and try and work out if there was a story behind how they got on the books. I've been doing it for 14 years and have accumulated a lot of material that I have researched. I thought it would be fun to start a blog with some of these stories to share with other people who like to know a little more about law and about history. I hope you enjoy my site.