Getting separated is not easy. In the heat of emotion, you feel like you just want to get out of the house as quickly as you can. But you might sometimes forget that getting separated is a legal decision with legal consequences. What about your property, assets and debts? What about the kids? Who gets to stay in the house? These are all things you need to consider – and it can be overwhelming and stressful! Your first point of contact should be your lawyer and here’s why.

What happens if you don’t talk to a lawyer?

There are a lot of aspects to a divorce, it’s not simply a divorce order document. There are requirements for separation, financial aspects, property settlement and child custody arrangements to consider. It’s not easy to navigate all the legal jargon and complex legal systems alone.

Most of the time, it won’t be a smooth and easy process for you and your former partner to come to a simple and mutual decision for these things – you will need your divorce lawyer to represent you and negotiate for you. It helps you take a more objective approach without all the emotions clouding judgement. We don’t want you settling for less.

If you go it alone, you might find yourself cleaning up a mess that could have been fixed earlier. You’ll be spending more money than you intended, and we don’t want your divorce to be any more stressful than it is. There are time limits to legal processes, for example, you need to have a property settlement before you have been divorced for a year. The longer you delay your property settlement will also make it harder to identify what is yours and the value of your property. There are also certain requirements for separation, so your lawyer can help organise and explain the process for your separation and divorce.

What does your lawyer cover in your first meeting?

At your first meeting, or initial consultation, you will tell your lawyer everything related to your separation. Your lawyer will cover:

• - how long the process will take

• - what everyone’s role will be

• - what they need from you

• - what the plan will be

• - what problems can arise

• - give advice and explain legal consequences

• - your cost agreement

Bring a notepad! Ask plenty of questions and make sure you understand your lawyer. Be sure to ask about fees and ask about any concerns you have. Don’t be afraid to say you don’t understand something.

Remember that you can trust your lawyer, it is your right to have client legal privilege. This means that your lawyer must keep all your information confidential unless you give permission to share it. So please be completely honest! We can do our job the best when we have all the relevant information. We know its personal and emotional, but we are here to represent you and your information is important to help find the best solution for you.

What is the process and what can your lawyer do for you?

Here is the basic process for divorce, including things you need to consider:

1. Separation

2. Eligibility for divorce in Australia

• - Have you been separated for at least 12 months?

• - Are you or your former partner an Australian citizen or resident?

• - Do you have proof of marriage?

3. Child custody arrangements through:

• A Parenting Plan

• Parenting Order (by consent or by trial hearing)

4. Division of property through:

• - A binding financial agreement

• - Property settlement through the Court

5. Application for divorce

6. Notification and serving of your divorce application to your former partner

7. Divorce hearing - If there are children involved, you may have to go to Court

8. The finalisation of your divorce (one month and one day after your divorce hearing).

As you can see, divorce is a lengthy process. Your lawyer can guide you through with the best possible outcome with consideration of minimising your legal costs and stress.

Disclaimer: This article provides general information explaining complex legal concepts, please contact Butler McDermott Lawyers for legal advice.