Divorce laws are enacted in a number of countries that are cognizant of the fact supported by statistics that showed relationships married couples may no longer work due to certain post marriages developments that give rise to irreconcilable differences.
But divorce laws particularly in Australia provide for settlement of property relations between the divorcing couple. One important consideration is the interest of the children and the matter of who has to move to another place and who is to remain in the conjugal home.
The settlement aspect can be discussed by the parties subject to the Family Law Act of the State. The divorce proceedings can entail serious problems where the divorcing parties are combatants and stubborn to agree on an amicable settlement of their properties. In this case, it is inevitable that they should go to court which shall decide on how legal problems concerning the divorce and settlement of properties of the divorcing parties shall be settled, the judge is aware or cognizant of the applicable legal provision governing the issues.
Matters concerning support and provision for the welfare of the children are also discussed and taken into consideration.
In other jurisdictions, there are provisions on what property relations agreement shall govern during the marriage of the couple whether it will be separation of properties of the parties before marriage, conjugal partnership, or other agreements not contrary to law, public morals and public policy.
Further, it is important to note that the cause for divorce may give rise to a situation that the Court will have to thoroughly study and evaluate until the parties get to agree or settle their differences, if not a judgment of the Court after due hearing is necessary.
In any event, it is advisable that each party to a divorce avail of the assistance and services of a lawyer who specializes in Family Relations Law. It is important, however, that any and all agreements relative to property settlements have to be in writing and if needed approved by the Divorce Court in order to be legally binding and unenforceable against the parties concerned.
The proceedings and the settlement agreement must be duly recorded