Pivotal Roles Performed By A Family Law Solicitor During Divorce

Law Blog

Divorce is customarily an emotionally and economically draining time. Nevertheless, a professional family law solicitor can streamline the process. This article explains a number of the pivotal functions that family law solicitors perform for their clients in a divorce process.

Explain Reasons for Divorce

In Australia, states have ratified certain grounds for divorce that allow couples the right to file a claim for the nullification of their marital union.  Fault-based grounds account for a majority of reasons behind divorces, and ideal examples include physical and emotional abuse, adultery or incarceration. Additionally, states also allow no-fault grounds for marriage dissolution. Under this type of divorce, the spouse who is filing for separation doesn't have to prove any mistake on the part of their fellow partner. One of the commonly stated reasons is 'irreconcilable differences'.  A family law solicitor can explain to their client about fault-based and no-fault grounds for divorce and advise them on what grounds to file for divorce.

Explain Property Distribution

Upon the dissolution of marriage, the law stipulates that all marital assets be distributed equally between the two spouses. Note that marital assets are all possessions that the couple accumulated in the course of their marriage union. Property division is always a contentious issue during the divorce process, and couples are likely to fall into the temptation of failing to disclose certain possessions for purposes of retaining them for their personal benefit. For proper distribution of marital assets to occur, each spouse needs to disclose all assets that they own or know of. In most marriages, one partner usually handles the finances and this means that the other partner may be unaware of the couple's liabilities and assets. A family law solicitor can help gather relevant records and identify all possessions and liabilities to enable the divorce settlement to correctly address such assets.

Working out A Debt Repayment Plan

More often than not, handling the debts accrued by the couple is more turbulent than sharing assets. After divorce, who is left to foot the bills? In some cases, both couples may have been legally accountable for shared debt. On the other hand, there are cases in which one partner is held economically accountable for the debt. A family law solicitor can advise their client how to protect himself or herself from the debt that is attributed to the other partner. In most cases, courts will assign which party is accountable for paying which debts while splitting the marital assets. For more information, contact a firm such as Alison & Associates.


7 April 2015

Marriage doesn't have to be a life sentence

No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.