What You Need to Know Before Filing for Divorce
It goes without saying that the breakdown of a marriage is difficult for everyone involved, especially when you’re working through the emotional and legal repercussions at the same time. While divorce proceedings are rarely a walk in the park, there are a few important things for you to know before you go ahead with such a big decision.
It’s a process
In Australia, the dissolution of marriage is done in multiple separate steps; the granting of a divorce order, property arrangements and, if there are kids involved, parenting arrangements (although not necessarily in that order). Contrary to what many people expect, the granting of a divorce is usually the most straightforward step, while the other arrangements are lengthier and more tedious due to the nature of what is being discussed and agreed upon. Some simple research from reputable sources either online or in person will help you better prepare for what is to come.
Going to court shouldn’t be the goal
We hear it in movies all the time – “I’ll see you in court!” – but when it comes to divorce proceedings, it’s best to try and avoid this situation altogether. What the movies don’t tell you is that walking into the courtroom to fight with your ex-husband or wife is not only emotionally taxing, but time consuming and expensive. That’s why it’s always best to explore other avenues for resolution, such as mediation or arbitration, leaving a court case as a last resort if you can’t seem to come to a fair agreement. This will allow you to discuss your wants and needs with your ex-partner in person, with the hopes of it remaining civil and both of you can leave happy with what is agreed upon.
You will want the advice of professionals
Divorce can be tricky, especially if you’re not on the friendliest of terms with your ex-partner. Luckily, there are a range of professionals who you can go to for valuable advice about how to move through the process in a way that will hopefully provide you with a fair outcome. Finding a good family lawyer whom you feel comfortable speaking openly with is crucial to achieving a positive outcome that you are happy with. You might need to talk to a few different lawyers before you find the person you want representing you, but it will be worth it in the long run. Consulting a financial advisor or accountant, in conjunction with your lawyer, is also a great way to determine what you should be asking for in the settlement. And finally, a therapist or counsellor for you or your kids should be a priority, as it will ensure that you get the emotional support you need during such a difficult time.
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