Understanding property settlement following divorce

Not many people are aware of the existence of different property settlement options matching each individual and family. In the meanwhile, lawyers you meet at initial consultation may just reveal legal aspects that he has the most outstanding performance, which is the best sale pitch for him to get the deal, but probably not the most appropriate approach for your settlement case. Therefore, it is essential that you obtain a fulfilled grasp of available alternatives before expressing your breakdown to family lawyers. No matter how much you are into him, focus on the way he tailors to get your entitled results, not the rush formula he cooks extracting from others.

According to South Australia’s family law, you can reach the final property settlement of your marriage breakdown by contested or uncontested property settlement.

–    Uncontested settlement: This is the most ideal settlement in which both partners easily reach an agreement of the property and all related arrangements of key issues such as children matters, home support, division of marital property before filing divorce to the court together. There is no need for engagements of legal professionals as no major disagreements appear while preparing required documents.

–    Mediated settlement: When it is easy for a family to talk turning out a stuck argument, a qualified mediation lawyer is hired for the sake of an acceptable outcome. Both parties will effectively cooperate under the mediator’s guidance to achieve the final agreements. The mediator as a neutral third party will accompany the two sides through the settlement process in a just and equitable manner. Negotiations, resolutions to disputes, and all documents are handled outside the courtroom by tactful mediation skills of the hired lawyer.

–     Collaborative settlement: In this option, each party will hire their family lawyer separately. Collaborative family lawyer of each party pay attention to resolving the issues, navigating the difficult process of settlement or other family disputes for win-win benefits, therefore, it preserves relationships beyond divorce. Like mediated settlement, these settlements are still made without the court’s intervention.

–      Litigated settlement: The court is involved when you and your spouse are unable to reach an agreement through other channels. You will submit your issues to the family court to ask for just and equitable resolutions. The court will determine whether you met the legislative requirements for divorce including having separated for 12 months, and the court will also determine whether your marriage has irretrievably broken down. With this settlement option, your marriage may or may not end in a trial. There will be family lawyers to represent you in court, therefore, lawyers who embrace strong logical eloquent skills and defend for your personal interests to achieve winning results are ideal partners. In a litigated settlement, outcomes are up to the judge’s decisions

Why Dev Smith Nguyen Lawyers?

Family lawyers at Dev Smith Nguyen individually may not be perfect in all aspects of family law, but we have enough experts in each type of divorce to represent for your best interest. Should you need a counselor, a mediator, or an advocate representative in front of divorce court or even a listener to drag you out of a blurry understanding of divorce law, we can guarantee your satisfaction when having our accompany 

10. Understanding property settlement following divorce
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