Experienced family lawyers can help make the emotionally and financially draining process of divorce easier on you and your loved ones. Divorce is granted on different grounds including adultery, abuse, cruelty and so on and may also be granted on a ‘no fault’ basis. However, Australian courts may often require the spouses to live apart for a specific period before the marriage is legally dissolved. A reliable divorce lawyer proves useful while determining if your partner is at fault by examining the circumstances of the divorce. If the fault is proved, you may be entitled to higher levels of spousal support.
In certain cases, the marriage may not have been legally recorded, or the spouses may have overlooked important details. In such cases, the divorce lawyer will help you understand if annulling or voiding the marriage is a simpler solution than filing for divorce. It’s helpful to discuss these aspects with your lawyer as you can gain insights into the best options available to you. Divorce proceedings are often driven by irrational behaviour, unreasonable demands and poor communication which makes it an expensive and lengthy process. You lawyer can help you understand the pros and cons of decisions by explaining important issues. This could include child custody, spousal support, division of shared assets and so on. You will be in a position to make rational decisions based on mutual convenience for short and long term.
If it is difficult to communicate directly with your spouse or partner, your lawyer will be happy to communicate and help expedite the process. He or she will also collect all the records related to joint assets, properties, debts and investments etc so that all issues are addressed properly. A trained family lawyer will also explain how to handle independent and inherited assets, joint investments or loans and so on; valid prenuptial or postnuptial agreements will also have an impact on distribution of assets after divorce.
Couples borrow loans for buying property, vehicles or other assets and very often, debt repayment becomes a contentious issue between warring spouses and disrupts the divorce process. Your lawyer will examine all the documents, debts, loans, payments etc and help devise a fair and equitable debt repayment plan. It’s extremely important to devise a way to repay your debts as non-payment may attract penalties and fines thus resulting in additional stress. If your spouse or partner is adamant about refusing to pay spousal support when you are entitled to it, your lawyer will consider initiating litigation proceedings on your behalf. This helps ensure that you are able to gain access to your rightful properties, monies and custody rights etc under Australian law.