Family Law 101: A Guide On Divorce Dos And Don'ts
Although many people file for divorce every year, most of them do not comprehend the divorce process in Australia. This predisposes them to make errors that lengthen and complicate the process. Below is a piece discussing divorce dos and don'ts. Hopefully, it should help ease the divorce process.
Divorce Dos
Consider these tips when planning your divorce:
Assess The Eligibility Requirements
It would be futile to file a divorce application if you do not meet the set requirements. Luckily, Australia has a straightforward divorce process since it adopts a "no-fault divorce" principle. Couples must prove their relationship is irretrievably broken by separating for one year. However, they need a counseling certificate if they have been married for less than two years. If you were married abroad, the court requires a marriage certificate. If the document is not in English, you must provide its translation and a supporting affidavit.
Hire A Family Lawyer
A family lawyer handles the bulk of the work when divorcing your spouse. For instance, they offer process service if you did not file a sole application. The professional also helps you negotiate for a sole divorce order if your spouse is unwilling to sign the divorce papers. Once you receive your divorce order, the family lawyer helps you draft parenting orders and financial agreements. They then file these documents with the family court to make them legally binding.
Divorce Don'ts
Avoid these behaviours during your divorce:
Hiding Assets
Some couples hide finances and assets to gain a larger share of the joint finances. However, your lawyer will warn you to avoid such behaviours since your spouse's lawyer conducts forensic assessments to establish financial misappropriations. In this case, you could land in legal trouble. Your spouse could also frustrate the negotiation process since they are guaranteed a positive outcome in court. If you feel that you contributed a significant portion of your marital assets, your lawyer develops various strategies to ensure equity during the property division process.
Disregarding Court Orders
Once you file for divorce, the family court requires you to prove that you have made adequate arrangements to care for your kids. If not, the judge gives temporary orders before you can create a parenting plan. It is pretty easy to disregard these court orders since your spouse might not complain. For instance, you could stay with the kids longer than you need to or fail to pay child support fees. However, their family lawyer may use this against you during negotiations or court proceedings.
Contact a law service such as Marriott Oliver Solicitors Pty Ltd to learn more.
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