The Essential Role of Family Lawyers in Divorce Proceedings

Divorce proceedings

Divorce is often one of the most challenging experiences in a person’s life — and navigating the complexities of the legal system only adds to the emotional burden. Amidst all the personal turmoil, there’s paperwork to be filed, divorce applications to serve, and a whole host of other intricate legal considerations. The role of a family lawyer is to guide their clients through this difficult period, with their years of experience and advocacy providing a calm port in the storm.

Duffy & Simon’s team of family lawyers in Victoria understand the intricacies of divorce proceedings and are committed to providing comprehensive legal support to ensure our clients achieve the best possible outcomes. In this article, we’ll describe some of the different processes and legal decisions that family lawyers can help with.

Financial Settlement

One of the primary reasons that many people choose to engage a family lawyer is to help them negotiate a financial settlement. Money is a contentious thing for a divorcing couple to decide on their own, made harder by the emotional circumstances. Most clients understandably want to receive all of the money they’re entitled to and are concerned about unfair outcomes. 

You can rely on a family lawyer for a divorce application and to negotiate and finalise the subsequent financial settlement. This process involves a detailed assessment of both parties’ financial circumstances, including income, assets, debts, and future needs.

In Australia, financial settlements are governed by the Family Law Act 1975, which mandates a fair and equitable distribution of assets. Our team at Duffy & Simon ensures that all relevant financial information is accurately disclosed and assessed. We work diligently to reach a settlement that is in the best interests of our clients, whether through negotiation, mediation or, if necessary, court proceedings.

A well-negotiated financial settlement can provide financial stability and peace of mind, allowing individuals to move forward with their lives. Our expertise in financial matters ensures that our clients are well-informed and empowered to make decisions that will affect their future.

Property Settlement

Your home is personal. More than four walls, it’s a safe base filled with memories. With this in mind, Duffy & Simon consider property settlement to be one of the most critical aspects of divorce proceedings that we handle. Property settlement specifically involves the division of marital property, which can include the family home, investment properties, vehicles, and other significant assets.

In Australia, property settlement is not automatically granted with a divorce; it must be applied for separately. At Duffy & Simon, we guide our clients through this process, ensuring that all assets are identified and appropriately valued. We consider various factors, such as the length of the marriage, contributions made by each party (both financial and non-financial), and the future needs of each individual.

Our goal is to achieve a property settlement that is just and equitable, reflecting the unique circumstances of each case. We strive to minimise conflict and reach amicable agreements, but we are also prepared to advocate vigorously for our clients in court if necessary.

Custody Agreement

Perhaps the most sensitive and emotionally charged aspect of divorce is determining the custody arrangement for children. At Duffy & Simon, we understand that the prospect of not having your children with you can be incredibly distressing. Our compassionate team is here to provide the legal expertise and support needed to navigate these emotionally charged proceedings.

The well-being of the children is paramount, and Australian family law prioritises the best interests of the child in all custody decisions as a result. Family lawyers play a crucial role in helping parents reach custody agreements that provide stability and security for their children. Duffy & Simon assist clients in developing parenting plans that outline living arrangements, visitation schedules, and decision-making responsibilities.

When parents cannot reach an agreement, we represent our clients in court to ensure that their voices are heard and that the final custody arrangement is fair and in the best interests of the children. We also provide support and guidance in navigating complex issues such as relocation, changes in custody arrangements, and the enforcement of custody orders.

Handling Adversarial Divorces & Family Violence

While some divorces are amicable, others can be highly contentious, with significant conflict between the parties. In adversarial divorces, the role of a family lawyer becomes even more critical. We advocate tirelessly for our clients, providing strong representation and strategic advice to protect their rights and interests.

In cases involving family violence, the safety and well-being of our clients and their children are our top priority. Australian family law provides mechanisms such as Family Violence Orders (FVOs) and Apprehended Domestic Violence Orders (ADVOs) to protect individuals from harm. At Duffy & Simon, we assist clients in obtaining these orders and safety measures. Plus, as mediation isn’t appropriate in family violence circumstances, we can also represent clients in divorce court proceedings. 

We understand the profound impact that family violence can have on individuals and families. Our team is dedicated to providing the compassionate support and legal expertise needed to navigate these challenging situations and achieve a safe and positive outcome.

Engage Duffy & Simon Today

From financial and property settlements to custody agreements and protection in adversarial situations, family lawyers provide essential support and guidance. At Duffy & Simon, we’re committed to helping our clients navigate the complexities of divorce with compassion and professionalism, ensuring that they can move forward with confidence and security.

Whether you’re still in the consideration phase, researching questions like ‘How long does a divorce take in Australia?’, or ready to initiate divorce proceedings, it’s crucial to seek the advice of an experienced family lawyer. Contact Duffy & Simon today to learn how we can assist you in achieving the best possible outcome for your future.