Emotionally, psychologically, socially divorce can be very difficult indeed. Add the hot button topics of children, finances and property to the mix and it is no wonder that divorce is probably one of the most challenging life events to ever be involved with. So no it is not easy, but from the legal point of view, there are two different approaches, one that is a lot easier than the other.
The two approaches in divorce
Doing it by agreement
Many people are able to agree with their ex spouse or de facto and this makes the process of separation and divorce a lot easier. Not easy, but easier.
Going to court
Unfortunately, many people are living in the difficult divorce world. Heck, if you could agree on things you might not be getting divorced in the first place. Ultimately if you are unable to agree, you will need the court to make the decisions for you.
Finances & Property
It’s not only a matter of who will get what, there are also issues of child support and perhaps even spousal maintenance to consider. There is a lot at stake here for both sides. Will you get to keep 40%/50%/60% of your hard earned assets?
Child Custody & Parenting
Children are the world. Who will get custody? How much access will the other parent get? Will you be able to be there for them when it matters most? Will you get enough time to really be a part of their lives as the years go on?
You discuss, you negotiate, you agree about children/parenting & finances/property.
Binding Financial Agreement
Joint Divorce Application
You tried, but you can’t agree on some or all of the key issues.
Negotiation, Mediation, ADR
Going to Court
Early settlement, OR