Under Arrest: Your Guide to Criminal Law

Did you know your conduct during divorce proceedings could significantly influence the court's ruling? Read the extract below to learn what to do and avoid once you initiate the divorce process. 

Violence and Drug Abuse

The events leading to a divorce may be traumatising for both parties. Stress and depression may cause some people to get violent or abuse drugs. These behaviours could be used by the other party to paint you as an irresponsible parent. As such, the court may deny you the right to visit or raise your kids. Overcome this by proving you are ready to take responsibility for your actions. For example, you could check into a rehabilitation centre or enrol in anger management classes. Further, you will have to show that you have a close relationship with your children and that you are mindful of their welfare.  

Consider an Out-of-Court Process

The Australian legal system encourages people to settle civil affairs through an out-of-court process. As such, your lawyer might propose mediation or negotiation as a way to finalise your divorce.

An out-of-court process gives you the power to decide how you will settle property and raise your kids. Be sober and objective during negotiations. Do not be rigid or difficult. Remember that your spouse has an equal right to marital property and your kids. An out-of-court process allows you to adjust financial and parenting orders to suit changing family circumstances. For instance, if your spouse would want to move out of the country, it would be reasonable to let him or her stay with the kids during the holidays while you live with them throughout the year.  

Contempt of Court

The court may give temporary orders regarding when to visit your kids, how to pay your mortgage, and how to manage the family business. In severe circumstances, the judge may restrict personal contact with your spouse. Failure to follow these court orders may lead to severe fines. Additionally, do not give false information or documents in court. 

Avoid Financial Improprieties

Below are a few ways to manage your finances once you initiate divorce proceedings:

• Talk with your ex and decide how you will settle joint expenses.
• Do not transfer or hide property from your ex.
• Avoid gambling or making large purchases without the consent of your ex.
• Do not freeze assets or credit cards as a way to punish your ex. 

People going through a divorce should avoid violence and drug abuse, consider out-of-court agreements, avoid financial improprieties and follow court orders. 

To learn more about issues within family law, contact a lawyer.