Choosing Expert Melbourne Divorce Lawyers

What You Should Know Before Hiring A Divorce Lawyer

Couples considering a separation or divorce in Victoria face the dilemma of disentangling themselves from a person and the life they once shared. It’s often an agonising decision. Some couples take years before finally going their separate ways. 

Making the decision can be a relief after years of uncertainty. But it’s only the start. There are three major steps in the divorce process: 

Formally Terminating the Marriage

The formal termination of marriage starts with an application for divorce to the Federal Circuit and Family Court of Australia. You can apply on your own as a sole applicant, or separating couples can file a joint application. However, the earliest you can apply must be at least 12 months from the date you and your partner separated. 

If you’ve been married for less than two years, you’ll need to file a counselling certificate. This will require you to go to counselling with your partner. 

When there are children involved, you will need to provide evidence that you’ve made proper arrangements for their welfare. Only then will the court consider granting a divorce. A Divorce Order will then be made once your situation satisfies the following criteria:

• You were legally married to your spouse
• The marriage has broken down irretrievably
• You were separated for 12 months at the time you filed your application
  
  

If not done jointly, your spouse was correctly served with the Application for Divorce

Appropriate arrangements have been made by both parties for the care of the children. 

Once there are no special circumstances, your divorce will be finalised a month and a day after the divorce hearing. It’s a lot to cover.

It helps to have a Melbourne divorce lawyer who can assist you when applying for a divorce in Victoria. They can also help you with property and child matters which are not included at this stage of the process.

Resolving Property Matters

This part of the process is often referred to as the financial settlement. It is dealt with separately from the formal termination of the marriage. Resolving property matters can be difficult. Both parties must agree on the division of assets as well as debts. 

You can both sign off on a binding financial agreement. Otherwise, a lawyer representing either of you can start legal proceedings. The matter will then go to court.

But it’s often better for a couple to decide before it reaches this stage. What they see as reasonable may be extremely different from what the court deems as fair.

This step in the process can drag on depending on the mindset of both parties. It’s probably why 54% of Australians surveyed cited financial issues as one of the hardest parts of a divorce. Over half of them also recommended proper communication and respect to help end on good terms. 

Contentiousness in this area can be unfortunate. It can hamper both parties from securing their future financial stability. Alternative dispute resolution can help. An attorney can guide you toward an equitable settlement.

Resolving Children’s Matters

Divorce is also hard on the children involved. The aim should be to provide them with stability throughout and at the end of the divorce process. It’s good to have an idea of:

• Custody agreement outlining living arrangements
• The amount of time they will spend with each parent
• Provisions for financial support
• Ways to cover health and educational needs

Many couples agree to a Parenting Plan. You can use this to document any custody agreement and arrangements made for your children. Although informal and not enforceable by the court, it can be a good starting point.

In the event this doesn’t work, you can try a more formal route through Consent Orders. These stipulate the details of the items mentioned above. Again, this will require agreement between both parties and often involves extensive negotiations.

Mediation is an option if you and your partner can’t agree on the terms. Otherwise, your matter will go to a final hearing. Once formalised, both parties must comply.

However, you still have some flexibility. You can make arrangements outside of the orders once you both agree to the changes. But either party can always revert to enforcing the orders if there is any disagreement. 

A firm with family law specialists can help you reach a feasible custody agreement. One that works for all parties involved, especially your children.