If you’re about to start the divorce process, or are thinking about separating from your spouse, you might be wondering when you need to see a divorce lawyer.
Is it now, before you decide to pursue a divorce?
Is it once you and your spouse have verbally agreed to separate?
Is it once you’re ready to submit your official application for divorce paperwork to the Family Court?
Our team of Perth divorce lawyers share their insights in when you need to see a divorce lawyer in this blog.
When You Need To See A Divorce Lawyer
When There Are Children Involved
Australian Family Law requires divorcing couples to first attempt family mediation when there are children under 18 years of age involved. Fortunately, some mediators are also fully qualified lawyers, specialising in all facets of family law and are experienced in dealing with divorce and all children’s matters.
When children are involved, emotions can often run high, complicating matters further, and regardless of whether you end up divorcing through mediation or through the Court, obtaining constant legal advice from a divorce lawyer, is crucial in achieving an amicable outcome that all parties can comfortably live with.
Divorce lawyers offer invaluable advice on “custody matters”, parenting arrangements and also help you to obtain consent or parenting orders through the Courts.
When You Have Assets To Divide
One of the most contentious issues in many divorces is the division of assets, particularly when the asset pool is fairly substantial.
Assets may include the shared family home and other properties, investments, insurance policies, businesses, superannuation, etc, as well as all debt of both partners, jointly and individually. Valuing some of these assets often becomes extremely tedious and complex, requiring legal and financial assistance that divorce lawyers can expertly provide.
Attempting to carry out such a vital and difficult exercise on your own, without any legal advice, can lead to serious complications further down the line, which could end up extremely costly for both partners.
When Your Spouse Won’t Agree To A Joint Divorce Application
If your ex won’t agree to a joint divorce application, while it will not prevent the divorce, it will complicate matters, forcing you to file a sole divorce application. This process differs substantially from filing a joint divorce application, and if not done correctly, it can lead to further legal complications and costly delays. Legal advice from a divorce lawyer is certainly recommended in this case.
Find out more about joint vs sole divorce applications here.
When You Want To Be Informed About Your Options
Most people have little understanding of how the legal system works, when it comes to divorce. In many cases, it can be extremely complicated.
No matter how simple or amicable you think your impending divorce may seem, the very least you’d want is to be properly informed of what your legal rights and obligations are, and what options you have before you. A qualified divorce lawyer is best placed to offer such information.
When You Have Concerns About How Your Spouse Might React
Having concerns about how your spouse might react may hint that there is a potential threat of abuse or violence, or a history of abuse or violence may already exist.
Whatever the threat may be, divorce lawyers need to be notified in order for them to provide the necessary legal protection to the whole family, such as with restraining orders.
When You Want To Understand The Divorce Process & Timelines
Divorce timelines are extremely difficult to predict, with much depending on the process followed and the nature and complexities of all the contentious issues between the two parties.
Divorcing through the Court can be a long drawn out and extremely costly affair, sometimes lasting for years. The process requires each party to hire their own divorce lawyer, who will argue on their behalf, and at the end, a Judge will make the final decision, which may not be to either party’s liking.
It may also require either partner to take the stand and be cross-examined, and all sensitive information becomes public knowledge.
Divorcing through family mediation, on the other hand, is by far the quickest, least costly and least stressful way. By agreeing to mediate, the costs of one mediator are split between the two parties. Some mediators charge a once-off fee, so both parties know exactly what they’re in for from the very beginning.
Mediators do not take sides, remaining impartial and offering equal guidance to both parties, empowering them to reach their own agreements that they can both comfortably live with. As an extra layer of protection, each party is entitled to have their own lawyers present, as long as that is agreed upon by both parties.
Divorces through mediation, can take just one or several sessions to be finalised, but that too, depends on how eager and how willing both partners are to resolve their disputes. If they are unable to resolve all their disputes at mediation, they are left with no alternative, but to take them to the Courts.
Are you ready to see a divorce lawyer? Talk to our team of friendly divorce lawyers in Perth today by booking your free 15-minute information call. We can help you divorce quickly and efficiently, keeping your costs to a minimum – we don’t aim to fight, we aim to resolve.