Do you intend to divorce your spouse? Separation and divorce can be emotionally traumatising. Read the extract below to know how you can prepare for divorce.
Examine the Impact of the Divorce
Divorce is not always the right option. Think about your kids and joint property. For instance, if you run the family business with your spouse, would the divorce affect your relationship with the various publics? Children with special needs may have a difficult time adapting to the absence of one parent. Try to work things out and let divorce be the last option.
Evaluate the Legality of the Divorce
Once you are sure about divorcing your spouse, hire a family law solicitor to represent you in the proceedings. The first task of your lawyer is to evaluate the legality of your divorce. In Australia, the courts grant divorces to people whose marriages and relationships are recognised by the Australian legal system. Besides, the couple must be separated for at least one year. You will need an affidavit if you are separated but still live under the same roof. Couples married for less than two years need a marriage counselling certificate.
The Australian legal system grants divorce on a no-fault policy. As such, the courts will not consider who made the marriage to break down. However, you may require evidence against your spouse if you think he or she is not fit to raise your kids or handle marital property. For instance, if your spouse is an alcoholic, abusive or violent, the court may grant you primary custody of your kids. You will need police reports, apprehended violence orders or witness statements to prove your spouse's behaviour.
Consider Out-of-Court Agreements
Out-of-court agreements will help you avoid the hectic court process. Besides, these agreements are relatively cheaper and consume less time compared to a court process. If you are on good terms with your spouse, you could negotiate and ask your lawyers to draw a contract. You could also ask your lawyers to negotiate on your behalf if the two of you are not in talking terms.
Out-of-court negotiations begin by deciding how to run your family and finances before coming to an amicable solution. For instance, how will you pay your mortgage? How will you run your businesses? Who will live with the kids? Being rigid will only complicate the situation. After this, you will decide how to raise your children and divide marital property.
Divorce preparation tips include examining the impact of the divorce, evaluating the legality of the divorce, gathering evidence and preparing for negotiations.