How to Avoid Legal Mistakes during Separation and Divorce

Law Blog

If you and your spouse have decided to end your marriage, consult a family lawyer for guidance through the difficult process. Separation and divorce can be confusing, stressful and draining. If you do not have expert counsel, you might make serious mistakes that could complicate and prolong the process. Keep in mind that most of the problems encountered at the end of a marriage can be attributed to ignorance about divorce. Avoid oversights by reading up on the local family laws. The information will help you minimise uncertainties and prepare for your future. Additionally, here are essential guidelines on avoiding legal mistakes during your marital separation and divorce.

Prioritise Your Children

Children are often caught in between their parents during a divorce. Therefore, you must think about the welfare of any children in your marriage before addressing other issues. Remember that the family court takes cases involving minors seriously. If any actions taken during your separation are considered abusive towards the children, you might lose custody and face serious legal charges. When you decide to separate from your spouse, discuss and establish a clear parenting plan. The plan can be informal, or you can request a parenting order through the court. An ideal parenting strategy must ensure the needs of the children involved are met. Moreover, the minors must be protected against harm and unnecessary instability.

Understand Property Settlement

Property settlement is a contentious issue, even when no children are involved. Often, former spouses attempt to hurt each other through this aspect of the divorce. Unfortunately, more often than not, malicious intent backfires. When dealing with property settlements, you must remember that full disclosure is critical. The disclosure should include sole assets that the other party might not know. The future revelation of any hidden property will cost more than direct disclosure. You can choose to divide the property at any point after deciding to end your marriage. However, note that a deadline will come into effect once the divorce is finalised.

Consider Mediation and Counselling

Finally, choose mediation and counselling instead of going through court proceedings if you cannot agree on parenting, property or other aspects of the divorce. Court cases are expensive and time-consuming, and no one will win since the national laws uphold a 'no-fault' stance. Mediation allows a discussion with a neutral third party to facilitate amicable agreements. Counselling could help both parties to come to terms with the situation and move forward. However, remember to consult your divorce lawyer before signing any document. 


8 June 2022

Break In: Everyday Legal Matters You Should Know About

My name is Jeanette Kennan. I have been a high school legal studies teacher for many years. As such, I am fascinated by legal cases I come across in the media. Family and friends often consult me about minor matters related to the law and although no expert, I can often point them in the right direction. It occurred to me that there may be other people out there who are not aware of basic legal issues. After all, you probably don't think about legal matters related to death, accidents or crimes until you find yourself in a crisis situation. This blog is designed to give you some introductory information about a range of legal topics. Hopefully, it will help you to be prepared and informed should a legal concern arise. I really appreciate you breaking in to my humble little site. Please enjoy.