Practical Tips for Efficient DIY Separation and Divorce Negotiations

Law Blog

Separation and divorce are traumatic for all parties involved. Therefore, it is important to ensure that the processes are performed efficiently. But there are diverse aspects to consider before the legal termination of the marriage is fully concluded. The most important elements are the parenting agreements and plans for finances.

It is advisable to engage qualified divorce lawyers to handle your case. They are experienced in divorce negotiations and their emotions are not compromised, therefore they will represent your interests objectively. However, if you are set on dealing personally and directly with your former partner, consider using these tips to get a good outcome.

Be Cautious of Interim Agreements

According to the no-fault principle established in the Family Law Act, divorce can only be granted if the marriage is broken and there is no reasonable probability of reconciliation. One of the ways that this aspect can be proven is through separation between you and your partner. Basically, you cannot apply for a legal divorce unless your separation has lasted for at least one year. This means that interim agreements regarding parenting and financial support will have to be made before separation.

You should be cautious when agreeing to any arrangements during this period because the information will be considered during permanent planning after the divorce. Consult someone you trust because poor decisions can be costly. For example, if you agree that the children should stay primarily with your spouse during separation, the court may rule that it is in the child's best interest to continue with the plan for consistency.

Keep Financial Records

Financial arrangements can be tricky, particularly when you and your partner kept a joint account. The process will also require more planning if you have children that require financial support. You should carefully study the financial records before starting the negotiations. In addition, calculate the potential future costs such as running a household, school fees and health insurance. This will help you determine the amount of settlement which will be considered appropriate. You should keep records of every relevant financial document by making copies. Important records include salary payslips, tax returns, bank statements, car valuations and mortgage information.

Record Improper Behaviour

Do-it-yourself divorce negotiations can be challenging and disagreements can escalate. It is critical to record actions which can affect the legal proceedings. These can include actions of violence and threats as well as refusal to access your children. You should keep digital messages and record conversational information including the words, dates and the names of witnesses.


14 September 2015

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