Divorce Settlements

Negotiating a Divorce Settlement

Numerous issues need to be carefully addressed when a decision is made to sever ties with a partner. Disputes are bound to arise between both parties, especially when no pre-nuptial agreements have been finalised prior to the marriage.

Competing issues including property division and child support require legal counsel to navigate the complexities of family law, and to settle disputes regarding family matters. Both parties are legally entitled to seek legal advice regarding such matters.

Reaching an agreement outside the courts is strongly encouraged as it ultimately saves time and money. Settling helps both parties come to a realistic agreement which family lawyers will be able to assist without having to go to court.

Certain steps will still need to be taken should further disputes arise.

divorce settlements

Consent Orders

Both parties will need to wait a period of at least 12 months from the time of separation before filing for a divorce. The Family Law Act provides married couples or those in de facto relationships to enter into financial agreements in the event the relationship ends regarding:

  • Financial matters
  • Spousal maintenance
  • Child support 

These issues can be resolved between a separated couple but legal counsel is strongly recommended to review all conditions or if there are any disagreements. Once an agreement has been agreed to regarding financial matters and support for any children involved, the next step is to get a Consent Order finalised.

A Consent Order is a written agreement approved by a court, thereby making it legally binding for both parties. The agreement is initially drafted and reviewed before being sent to court for approval. Penalties can be imposed if either party fails to uphold their part.

The process is fairly straightforward but seeking legal counsel is often necessary to ensure a favourable outcome.

Experienced Family Lawyers

Kawalsky Lawyers is an experienced law firm that deals with all aspects of family law from divorce to property settlement and spousal maintenance. We give comprehensive advice so you know exactly what your legal rights and obligations are.

We use primary dispute resolution methods to resolve family matters in a cost effective manner that protects your interests. In situations where an agreement cannot be made between both parties, our lawyers provide strong representation in the court to settle disputes.

Contact us today to speak to one of our family lawyers for legal assistance regarding your case.

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