During divorce proceedings and property settlements many people go into ‘survival’ mode.
At Jones Mitchell Lawyers’ we consider a positive property settlement to be one where our client’s journey and outcome takes them from ‘’survive’’ mode to “thrive” mode.
Here are 4 tips to help you get back to “thrive” mode after your property settlement.
1. Choose the right family lawyer from the start
The relationship with a family lawyer is a unique one. It is a ‘relationship’, as this person will have information about you, your finances, and your family, and you will be relying on them to help you throughout a difficult period. You should therefore choose a lawyer who is a good fit for you, and who you feel you can work with, as a ‘team’, even during challenging phases of your separation. Don’t expect to find that person by looking up the phone book or following an advertisement. As family law can be complex, you will need a lawyer who is experienced in family law. A skilful family lawyer should be able to give you a good sense of the law, and different approaches to your particular case.
2. Gather information and keep records
The more information you can provide to your family lawyer, the more targeted the advice you will be able to receive from them. If you or your spouse are separating, agree between you that you should each copy bank and financial records (tax returns, financial statements, loan agreements, bank statements) and provide that information to your family lawyers. Detailed financial information will be invaluable to your lawyer, and will help them in providing you with clear advice, at an early stage in your case.
3. Consider mediation and other alternatives to litigation
If you and your spouse can work together to come to an early resolution, you should consider approaches to settling your differences without having to go to Court. There are many pathways available to couples to resolve separation issues that do not involve Court proceedings. These include the collaborative process, mediation, arbitration and early neutral evaluation. The benefit is that these alternative approaches can potentially see a case brought to an end in months rather than years, saving couples significant legal costs. These non-litigation approaches often leave their relationship with their spouse intact, which is important where young children are involved and where there will be an ongoing relationship as ‘parents’.
4. Get help for ‘you’ during the family law process
A skilled family lawyer will be able to give you clear guidance about legal issues which arise during the separation, and help you achieve an outcome. At the same time, it’s important to get help with non-legal issues, such as any stress and anxiety you are feeling because of the separation. Your family lawyer will be able to refer you to experts who can help. To understand the advice you are receiving, and make important decisions, your ‘self-preservation’ is key. While we all cope with separation differently, many clients have been supported through their separation by seeing a counsellor or divorce coach to help them remain focused and energised, and able to advance through their separation quickly.
For more information or for advice on how we can help with your property settlement, contact Jones Mitchell Lawyers today.
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