Hi, a friend at work has been separated for about 6 months and it doesn't look like they will get back together. They are wanting to avoid lawyers or a messy divorce. I remember reading on here that there is an organisation or group that can help a couple through an amicable divorce. Does anyone know of these types of organisations in Melbourne? They have a 1 year old baby girl, and a house that is about to get certificate of occupancy in the next few weeks. Her goal was to move into the new house, but she wouldn't be able to afford it on her own and it will probably have to be sold. How are assets to be split in a situation like this? They were together for around 6 years and married for about 18 months. I'll send him a link to this thread, if anyone could provide some advice he would be very appreciated. Thanks
Divorce and property adjustment are two different things. They can agree to divorce and submit relevant documents to the courts but will need to be separated 12 months at least. They can also agree on how to divide assets and draw up consent orders for the court to ''rubber stamp".
OMG. Not trying to be critical, but how unfortunate to be splitting after 18 months of marriage including 6 months separation and having been together for 6 years. Makes me realise how lucky I am. I met my wife and it took me 5 years before I was ready to get married (I had to be sure, to be sure). We have now been married for 38 years and we have started to plan our 40th wedding anniversary celebrations. And I cannot take any credit. It is due to the work my wife puts into making the relationship work. Even my two kids (in their 30s) call me B&B (Blunt and Brutal). As I said, I am so lucky .
Couldn't tell from your wording whether your friend is a male or female. In any case, there are a couple of useful summaries on this link: Women's Legal Service Victoria - Useful Information
There's no real way to avoid lawyers if you want to do a proper division of assets. Even on a very amicable (or thrifty) split, lawyers should be used at 2 points at a minimum. 1. Each party should get independent advice on what a fair split is. Assuming the parties can agree on the asset pool, and essentially give the same instructions to their respective lawyers, the advice should come in pretty close together in terms of what an equitable split looks like. 2. Lawyers to draft and the implement the consent orders that get agreed to. Some fees can be saved here I suppose if one side's lawyer drafts the orders and the other simply has to check off on the effect. Not getting any legal advice at all is just a recipe for disaster imo.
There is no greater fortune in life than to find (and stay with) the right partner. Marrying my wife is easily the best decision I have ever made. And I don’t mean from a financial perspective - that’s just a bonus!
In the end, independent legal advice is needed IMHO. When you say amicable - what this can mean in practice is that both individuals specifically instruct the lawyers that all negotiations are done via the individuals not the lawyers. Even though it might appear simple, it isn't for the faint hearted and will be a hard slog.
Thanks for the advice guys, i thought id read on here that there was a service outside of lawyers who would sit with both the parties and help walk them through it. Maybe i misread.
Counsellors perhaps. I think only lawyers could walk someone through this as it would involve legal advice.
They could do it themselves but I wouldn't recommend it. They probably won't qualify for legal aid so no help there. If they could agree on everything, just get 2 independent lawyers to advise each of them and hammer out an application for consent orders and consent orders. And before that happens, there should be full and frank disclosure of assets and liabilities.
Here: Home | Family Relationships Online Family mediation and dispute resolution | Family Relationships Online
Thanks mate, i think this (or similar) is what I've seen previously posted on here. So this organisation could be a good first step, where both parties can cheaply hash it out with a mediator that is impartial. Then after some decisions are made, lawyers can be engaged by both parties to document how things are to be split. Has anyone seen it done this way? Was it successful?
I did it myself many years ago I think it was through a local council group. They help you do all the divorce paperwork in a group type workshop. Settlement of each asset was agreed by each of us and I typed up a list of assets which was signed by ex, then I took it to a local lawyer (solicitor? I think it was a lawyer) who had it 'ratified in court'
Family Dispute Resolution (FDR) is an okay process, but I generally only recommend it for my clients that aren't splitting amicably. If it is truly amicable, then FDR is a waste of time and money imo, because honestly they should be able to agree what the asset pool is together, and take in straight to the respective lawyers for the legal advice.
