What to Know Before Getting a Divorce
The Australian family law system has come a long way since the days when married couples could only seek a fault-based divorce. These days, the irrevocable breakdown of a marriage is the sole ground for divorce. Divorcing spouses only need to demonstrate their separation has lasted for at least 12 months with no chance of saving their marriage relationship.
Separation, in the context of divorce, does not mean living apart. It means no longer living as a regular married couple, even if you still share the same dwelling. Knowing how to make your split as smooth and healthy as possible can be a stepping stone to finding peace and happiness after a divorce.
Here are some things to know before filing for divorce.
Your kids should always come first
If you have children born of the marriage, consider their best interests before filing for divorce. Their best interests describe decisions primarily made to maximise their health, safety and well-being.
Children deserve to have both parents in their lives, even after divorce. If your kids have enjoyed a positive and healthy relationship with both parents, focus on maintaining that relationship over the long term. All parenting discussions should revolve around maintaining the active involvement of both parents unless such involvement harms the children.
Seek sole custody of a child only if you want to protect them from potential harm. For example, when your spouse/other parent has a history of neglect or violence, posing a threat to you and your child.
You deserve a fair settlement of the marital wealth
Getting a divorce often involves resolving matters regarding the distribution of assets and wealth of the marriage. Asset and wealth distribution can be a thorny problem, especially for married couples with a significant net worth.
Before filing for divorce, it helps to understand where you and your spouse stand financially.
Start by calculating the total value of your assets, including houses, cars, cash at hand, money in the bank, jewellery, artwork and stock market investment portfolios. Next, calculate your total debts, including mortgages, car loans, family business loans and other credit responsibilities. The figure you get after subtracting your total debts from your total assets is the net worth of your marriage.
To get a clear picture of your financial situation and fight for the settlement you deserve, gather and organise all the relevant financial and property documents.
When filing for divorce, don't focus on winning. Instead, aim for the best outcome possible. The best way to achieve this is to get the best legal advice and representation you can afford.
Contact a family lawyer for more information.