Court Scene

Family Law and Going to Court

When a relationship or marriage ends, people often have a fear that they will need to go to Court to deal with the separation of joint assets and liabilities, and arrangements for their children. The fear of going to Court, on top of the emotional side of separation, can be extremely stressful for those involved.

However, it is not the case that people automatically need to go to Court when their marriage or de facto relationship ends. If the parties to a separation can agree on how they separate jointly owned assets and liabilities and also have an agreed arrangement on spending time with the children and where the children are to live, there is then no need to go to Court at all.

What there is likely to be a need for is a legal document to ensure that the agreement between the separated persons is clear, defined and legally binding. This is when a family law solicitor can assist you. Your family law solicitor will be able to explain to you the different types of documents that are available to set out the separation of assets and liabilities. You can also obtain such documentation to set out the children’s arrangements. There are different types of documents available to you, and your solicitor can also tell you what will work best for your situation. Once you have decided on the type of document you need, your solicitor will be able to draft the document to reflect what you and your ex-spouse have agreed to ensure that it is clear and binding.

Clients often find that once they have entered into binding documents following their separation or divorce, there are less arguments between them and they can move on with their lives with certainty.

Each party will need their own legal representation before signing any documentation to ensure that they obtain independent advice.

If you are going through a separation or divorce and would like to know more about the legal documentation which sets out the agreement between you and your ex-spouse, then please give Etheringtons a call and we will be able to explain what is best for your specific needs.