At Resolve Conflict Family Lawyers and Mediators our focus is always on the children and finding divorce solutions that keep their welfare front and centre.

Coping with parenting when your children are split between two households and two parents, and in some cases, partners and grandparents, is difficult.  You need patience and a good dollop of kindness and understanding to manage your children.  You also need to have a commitment to consistency between parents.  Setting boundaries and keeping disciplinary measures in place will make life easier for everyone all round, including the children.

Here are some tips that will help you along the way:

  • Try to keep the same rules in place that were followed before the separation. If your kids weren’t allowed to watch television after 6pm don’t suddenly decide that it is OK for them to do that. When kids are feeling like their world is changing, they need to have some sameness in their daily routine.  Maintaining household rules and standards can give them a sense of stability.

 

  •  If you have a less than cordial relationship with your ex try to enlist the help of a 3rd party to discuss discipline for the children.  To have consistency across both homes will be a great help to you both, no matter how hard that is to achieve.

 

  •  No matter how hard it is, for your children’s sake, don’t reverse each other’s decisions.  It will only confuse your children.   And don’t say yes when you had agreed to say no.

 

  •  Most of all – don’t discuss your personal views of the other parent with your child and never try to turn your children against the other parent. Remember, this person is still your child’s father or mother and they deserve the right to have their relationship with them untarnished by your views.  In years to come they will be able to make up their own mind, but for now, hold your tongue. No matter how hurt or angry you are, keep your opinions to yourself and spend some time venting with a close friend, not your children.

 

  •  Living between two houses can be tough.  Try to achieve a routine that kids can feel comfortable with which will help make them feel secure, and help them manage the division of clothes and other personal items at home and school so they never have the added stress of being without something as it’s at ‘the other parents house’.

It can be a difficult and awkward time transitioning to a two-parent lifestyle but a good result can be achieved. Above all keep talking with your children about how they are feeling and what they are experiencing.

For more information on how you can separate and divorce with or without court please contact our office  – 9620 0088

 

Property Settlement and Divorce: Key Facts You Need To Know - Resolve Conflict Family LawyersWhat is a ‘Property Settlement’:

Generally speaking, property settlement in the context of divorce refers to the division of assets and liabilities between you and your former spouse or de facto partner. This important step finalises the financial ties between you. Without severing this financial relationship, you leave yourself vulnerable to property settlement claims being made against you in the future, subject to relevant time limitations.

What is ‘Property’:

All assets (things you own) held by you and your former partner in joint or separate names such as:

  • family home
  • holiday home
  • cars and boats
  • household effects from stereos to cups and saucers
  • personal items like jewellery and clothing.

All assets under your own or your former partner’s control such as:

  • a business
  • superannuation
  • a share in an extended family business or investment property held under a family trust.

All liabilities (things that you owe money on) in joint or separate names such as:

  • mortgage debts
  • credit cards
  • hire purchase agreements.

Note: It may also include property you held in your own name prior to entering into the relationship, or property you have acquired since separation.

 

Related Article: Dealing With Your Finances During A Separation

 

Formal methods of property settlement:

  • Mutual agreement between you and your former partner on how your property should be divided formalised by applying for consent orders in the Family Court, or
  • If you cannot reach an agreement, you can apply to a court for financial orders, including orders relating to the division of property and payment of spouse or de facto partner maintenance.

Why is it important to formalise property settlement?

Firstly, formalising your property settlement with your former spouse finalises your financial relationship, meaning your former partner cannot make further property settlement claims against you.

Secondly, a Consent Order and Binding Financial Agreement are legally binding, meaning if your former partner breaches the order you have recourse to the Court to enforce compliance with the agreement.

As each relationship is unique so is each divorce, seeking good legal advice early on is an unquestionable way to achieve an equitable and amicable result for you and your former partner.

 

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

 

 

Is Mediation An Effective Solution For Your Divorce? - Resolve Conflict Family LawyersTraditionally, the process of divorce can be a long, painful and a costly endeavour, however there are other options divorcing couples can choose that may be more appropriate to their needs, like mediation.

Family Law Mediation is a legal, voluntary and confidential process for resolving disputes in which a neutral third party (the mediator) helps conflicting parties find a mutually satisfactory outcome. The positive outcomes of using mediation is that it provides both parties the opportunity to resolve their disputes respectively, peacefully and privately.

The advantages of mediation:

  • Time and cost effective
  • Non-confrontational atmosphere
  • Outcome is in the control of the disputing parties, not the courts
  • Confidential
  • Focused on fairness and a mutually satisfactory outcome
  • Encourages future cooperation between parties

 

Related Article: Divorcing Peacefully

 

When mediation is not appropriate:

  • When either parties isn’t willing to cooperate productively to resolve their issue(s)
  • One party isn’t equally informed about the mediation process
  • There is physical/emotional abuse
  • Judgment is impaired (i.e. drug/alcohol addiction)
  • A spouse is hiding assets

Remember, if you find mediation isn’t working, you can stop at any point and proceed with a traditional divorce.

 

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

 

How To De-Stress During A Divorce

June 6, 2018

Divorce is among the toughest experiences you can endure, the process is  filled with complex feelings around loss, which can induce high levels of stress. Acknowledging and dealing with stress is an important aspect of living a healthy life. Below are some suggestions for ways of handling your stress during the difficult process of divorce. Seek […]

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How To Communicate Better With Your Co-parent

May 16, 2018

Co-parenting is rarely easy, even for a happily married couple. For separated co-parents the trials of day-to-day parenting can become fraught with unnecessary conflict, particularly when there is a break-down in communication. Looking at ways to help communication is an obvious solution that will help both parents and their children ease into their new routines. […]

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Deal With Your Finances During A Separation

May 9, 2018

There are many important things you need to organise when going through a separation. One that may not be a priority, however is crucial to your current and future financial wellbeing, is your finances. The following article outlines the first steps you need to take when going through a separation to help you get a […]

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How To Tell The Kids You’re Getting Divorced

May 2, 2018

The difficult task of telling your children you’re getting divorced isn’t easy to do in the best of circumstances. Your children may react in a variety of ways: sadness, anger, or even relief. Despite this naturally being a challenging conversation, there are always good ways to give upsetting news. Preparation by parents can make things […]

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What Determines A De Facto Relationship?

April 25, 2018

The Family Court determine the presence of a de facto relationship in accordance to the Family Law Act 1975. “The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a […]

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Top 6 Things NOT To Do When Getting Divorced

April 18, 2018

When you are going through a divorce it’s only natural to find that your emotions are running high at certain stages of the process. Though stressed and emotional it’s important to remember that any decisions you make can carry profound implications for your familial, emotional or financial situation for years to come. Here are 6 […]

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How To Achieve An Amicable Divorce

April 12, 2018

Divorce is hard to do, it comes with expected and unexpected challenges that can be hard to navigate. The main goal for most divorcing couples is to successfully get through the divorce as quickly and amicably as possible. The following excerpt highlights five simple tips to help you achieve a more peaceful divorce. 1. Get […]

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The Do’s and Don’ts of Successful Co-Parenting

April 4, 2018

No matter how well you and your ex-partner get on, co-parenting can be a treacherous balancing act, requiring each parent to present “empathy, patience and open communication for success.”[1] Which most co-parents will tell you is easier said than done. The following points explore some of the best and worst ways co-parents can navigate the […]

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