• AWKAR & CO

Things to avoid whilst going through separation/divorce!

Updated: Apr 2, 2019

Whilst going through separation, divorce, negotiating property settlement and children's issues it is easy to find what to do. But have you ever wondered what you shouldn't do? What may hurt your position in the long run? We can help you!

Below we have outlined the biggest DON'TS.

1. Don't choose a solicitor based on who is nicest to you versus someone who tells you the hard truth.

Your solicitor has a responsibility to maintain a professional attitude. They need to assess all of the facts of the case and give you their honest opinion on your position, rather than telling you what you want to hear.

Our aim is to help you negotiate and settle without the need to go to court and spend unnecessary monies. Especially considering children's issues and how the process of going to court and arguments will effect the children of the relationship.

2. Don't send a message or post on social media before thinking it through

You need to remember that anything you decide to send in a text message or post on social media could be used against you. It is best to avoid arguments with your ex. We understand this is hard. However, just remember by not replying and playing into their games, you are being the better person and not putting anything out there for your ex to use against you.

3. Don't let your emotions takeover

Especially with property settlement, you don't want to go in looking for revenge as you may end up fighting over the smallest gain. The aim for Property Settlement is to negotiate for what is rightfully yours. In so many cases, parties become vengeful and end up loosing what they could have walked away with in legal fees.

Similarly, if you are set to go to trial just to hurt the other party there is no guarantee that you won't come out worse off. Going to trial is a lengthy and costly process and it takes away the negotiation. You are allowing a Judge decide what you each deserve based on the facts that are presented to them.

4. Don't use your children against your ex

We understand that going through separation and divorce is difficult, but the children can also sense this. You want to make it as painless for them as possible. The biggest way to do this is not use them to hurt your ex. So many times in family law matters we see one parent try to use the children to try and get what they want. The only thing this achieves is neglecting the children of time with their parent. Every child is entitled to spend time with each parent based on their child's best interests.

5. Don't sign any agreement without getting your own independent legal advice

In many cases, where the matter is settled with a little negotiation there is no need for both parties to obtain lawyers, however before you sign any agreement it is recommended that you obtain legal advice and ensure you are not being coerced into signing something you are not comfortable with or don't understand.

6. Don't be scared to seek advice or help

Separation and divorce is a tough time and no one is going to judge you for asking for help or advice. In most cases, it would be your first time going through this and you wouldn't understand the steps to take. Not all matters end up in protracted court cases and more than likel your matter can be resolved amicably.

At Awkar & Co we can give you advice based on your particular scenario.

At Awkar & Co we offer the first 30 minute appointment FREE so that you can obtain some legal advice on what you should do next and the steps to undertake.

Call us today on 08 8263 2444 to book in your First 30 Minute Free Appointment!

433 views0 comments

Recent Posts

See All

Here we are again facing another lockdown in South Australia. We know there is a lot of questions and concerns on whether you are permitted to leave home during the lockdown period to comply with a sh

Separated parents experience both the joys and stressors of parenting. But additional pressures and stresses such as those associated with the Covid19 Pandemic can be hard to accommodate and provoke a

During this time of added stress and uncertainty with the COVID-19 pandemic, it is important to make sure that your children feel safe and some of the things parents can do to help their children as p