Find Help While Going Through Divorce

Divorce is a major change in your life. It not only involves the dissolution of your partnership, but there are also many legal, financial, and emotional aspects to consider. It can feel a very lonely time. You don’t have to face the divorce proceedings on your own. You can equip yourself through sound advice so that you feel well equipped to proceed with the process.

Before filing for divorce

As you navigate your way through the decision to divorce, you must equip yourself with knowledge and information about the process and your rights within that process. Resources such as best family lawyers Melbourne can help you understand the different aspects of the process with information such as:

  • An explanation about divorce
  • Information on separation
  • How to apply for a divorce
  • What to consider in relation to your children and property
  • The timeframes involved in the process.

You can find this information at Family Relationships.

Be aware, this website provides general information, and your personal situation may require a more detailed understanding of your individual obligations and legal rights.

Going through such a major change in your life can cause emotional turmoil and you can feel overwhelmed by feelings such as distress, anger, anxiety, remorse, guilt, or fear. You might consider seeking counselling to support you emotionally through the process. This is particularly important for your children as they face the enormous change to their family. Setting this in place before you take on the legal and financial aspects gives you a foundation of support to help you remain calmer and think clearer about the decisions you need to make. There are a number of support groups and organizations 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

During divorce proceedings

The process of finalizing a divorce requires careful consideration of many aspects of your life. The first step is to make a formal application for the dissolution of the marriage. This is considered at a Divorce Hearing of the Federal Circuit Court. The Registrar will grant the divorce provided certain conditions are satisfied such as:

  • Australian Citizenship – proof that you or your partner hold this, or that you have lived in Australia for 12 months, or that you or your partner intend to live in Australia indefinitely.
  • Marital status – you must provide a copy of your marriage certificate to the Court.
  • Separation period – you must prove that you have been separated for more than 12 months.
  • Children – you need to demonstrate appropriate arrangements for the care of your children.
  • In the case of a sole application, you must prove that your partner has been properly served with a copy of the 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 the Registrar has made a Divorce Order, it only takes effect after one month and a day has passed, after which, you are no longer considered to be legally married.

The wisdom of using an experienced Divorce Lawyer

There are many legal and financial matters to consider when a marriage partnership is dissolved. It not only involves formally terminating the marriage but also includes the resolution of property matters and any consideration of the needs of any children from the marriage.

Some couples are able to resolve these matters with a private agreement, however it is often the case that divorce causes a strong emotional response from one of both parties. It can be very difficult for parties who cannot agree on how property and financial assets are to be divided. It may prove hard to make big decisions which impact your future when you are highly stressed, upset, or anxious. This is where using the services of a lawyer experienced in Family Law helps you to understand what’s involved and make decisions in a calmer, clearer way.

After the Divorce Order is made, the financial and property settlement is dealt with separately. It can be helpful to both parties to finalize the division of assets as quickly as possible so that the family can move on and create a new life.

Financial Settlement involves both parties entering into a binding agreement or consent orders. If this cannot be resolved in this way, one party commences legal proceeding and take the matter to court. Entering court proceedings can be daunting and having the sound counsel of a lawyer experienced in Family Law will help you understand the steps you need to take and therefore make decisions clearly and confidently. Having a legal representative means they speak on your behalf, and you do not have to personally negotiate with your ex-partner.

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 concise advice about your entitlements so that you can make considered choices about your children. It is important for the emotional well being of your children that you can come to a reasonable agreement about their care.

Australia’s Family Law will help you resolve:

  • 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 finalizing agreement between parents.

As you can see, the process of divorce can be complicated and cause distress in a family unit already under stress. For more information about any of these steps, please avail yourself of the information on our website Ghothane Lawyers and have a chat with us about how we can assist. Contact us on: 1800 886 886