4 Things You Should Know When Initiating A Divorce

Law Blog

Do you wish to initiate a divorce? Many people presume that divorces are straightforward. However, this is not always the case. The extract below discusses a few things that you should know as you start the divorce process. Hopefully, you will have an easy time as you go through the divorce. 

1. Always Hire A Family Lawyer

Although this is not a requirement, a family lawyer will make your divorce hassle-free. Typically, they will assess if you meet the eligibility criteria to file for a divorce in Australia. For example, you need a counselling certificate if the marriage is less than two years old. Additionally, the courts will reject your application if the marriage is not recognised in Australia. The lawyer will also assist with process serving. It is especially so if your spouse does not want the divorce. Your family lawyer must be experienced and reputable. It is a guarantee that they will offer quality services. 

2. You Will Require A Parenting Plan If You Have Kids

Once your spouse signs the divorce papers, you will need to attend a court session if you have children below 18 years. The primary purpose of this session is to establish how you intend to raise the children. If you do not have a plan, the judge will give temporary orders. These orders can be amended to suit your situation. Alternatively, you could file a parental plan to supersede the judge's orders. 

3. Consider Out Of Court Arrangements

The easiest way to finalise your marriage is through an out-of-court agreement. These arrangements give both parties the power to decide how to raise kids and share property accrued during the marriage. It is usual to be selfish and emotional during these negotiations. For this reason, you should allow your lawyer to handle the negotiations. They will represent your interests and use various negotiation skills to compel the other party to agree to your terms. If you opt to go to court, the judge will give a decision that could be unfavourable to both parties. However, it could be the only option if you cannot agree with your spouse. 

4. Mind Your Conduct

You must be cautious once you initiate the process. For example, if your spouse files for sole custody, the judge could prevent you from contacting your spouse and the kids. If you fail to obey these orders, you could be held in contempt of court. Additionally, you should not transfer property or buy expensive items without consulting with your spouse. If you do, they could argue that you are misusing marital resources. 

When planning a divorce, hire a family lawyer, create a parenting plan, consider out-of-court arrangements and mind your conduct. For more tips, contact a company like P J Griffin & Co.


28 July 2021

Sorting out my dad's estate

My dad died when I was still pretty young so it's been a big surprise all the stuff I've had to do to sort out his estate. I'm an only child and my folks divorced when I was a baby so most of the work fell to me. He was kind of disorganised and grumpy, but at least he'd spoken to his lawyer and got a proper will drawn up which saved on confusion at a tricky time. If you are a young person dealing with the estate of a deceased parent, this blog is designed to help you navigate the legal processes.