Going through separation and/or divorce can already be an exhausting experience. The legal process involved in divorce and separation matters can add to the challenge. While a lot of useful information is publicly available to help you understand the process, it may not be sufficient for your circumstances. We can provide you the required information and assist you in navigating the legal process if you are going through separation and/or divorce.
Before filing for divorce
Going through divorce can cause emotional turmoil and you may feel overwhelmed by different kinds of feelings. You might want to consider seeking counselling for your emotional support during the process. This is particularly important if you have children since they face the enormous changes in the family dynamics and situation. Having this in place before you commence the legal and financial process of separation and/or divorce may assist you in gaining a clearer perspective and organising yourself for the road ahead. There are several support groups and organisations available for support such as:
Health Direct Ph: 1800 022 222
Beyond Blue Ph: 1300 22 4636
Relationships Australia Ph: 1300 364 277
MensLine Australia Ph: 1300 78 99 78
Lifeline Australia Ph: 13 11 14
Divorce
The process of divorce starts with making a formal application for the dissolution of the marriage. This is considered at a Divorce Hearing in the Federal Circuit and Family Court of Australia. The judge can grant a divorce order provided certain conditions are satisfied such as:
- Proof that you or your partner hold Australian citizenship or that you ordinarily live in Australia and have done so for 12 months immediately before filing for divorce, or that you regard Australia as your home and intend to live in Australia indefinitely
- evidence of marital status (copy of marriage certificate)
- you and your partner have separated for more than 12 months
- appropriate arrangements for your child/children have been made
- the other party has been properly served with a copy of the application if the application made is a sole application
- if the marriage has been for less than two years, you must show that you have undergone counselling to consider your choice or that there are special circumstances where counselling is not required.
Once a Divorce Order has been made, it only takes effect after one month and a day has passed, after which, you are no longer considered to be legally married.
How can we help?
There are many legal and financial matters concerning child/children and property to consider when separating or filing for divorce. While some couples are able to resolve children and property matters with a private agreement, for most it can be challenging experience.
It can be very difficult for parties who cannot agree on how property and financial assets are to be divided. We can help you understand what is involved and your rights so that you can make effective decisions more calmly.
Financial and property matters can be dealt with before going through separation and/or divorce. Financial settlement involves both parties entering into a binding agreement or consent orders. If an agreement cannot be reached, one party can take the matters to court. Court proceedings can be daunting. Lawyers experienced in Family Law can help you understand the steps you need to take. Having a legal representative means they will speak on your behalf, and you do not have to personally engage with your ex-partner.
If financial and property matters have not been dealt with beforehand, it can be done after the Divorce Order is made. Since time limitations apply, it is helpful for both parties to finalise the division of assets as quickly as possible so that the family can move on and create a new life.
Similarly, making decisions about the care of children can be fraught with anxiety and disagreement unless both parties find a way to come to a reasonable agreement. Your lawyer can provide advice about your rights so that you can make informed choices involving the care of your children. It is important for the emotional wellbeing of your children that you can come to a reasonable agreement about their care.
Family lawyers can help you resolve issues such as:
- Who you children will live with for most of the time
- The amount of time each child spends with the other parent
- How to manage and meet the health and educational needs of each child
These matters can be resolved by entering into a Parenting Plan where each partner is in agreement, however if this is not possible, you must enter into Consent Orders, which are legally enforceable. This is an important area where legal representation proves of greatest assistance in finalising agreement between parents.
As you can see, the process of divorce can be complicated and cause distress in a family unit already under stress. We can assist you with the legal process.