For most married people, hiring a divorce lawyer is the last thing in their minds. While marriage should be a cherished commitment, the sad reality is that sometimes, couples need to separate for various reasons. These days, divorce is more common than people realize. Often, dealing with the separation of assets, child custody, and other issues result in tension and conflict between ex-couples. Having an experienced divorce lawyer by your side throughout the process is a must to avoid complications.
Before you hire a divorce lawyer in Sydney, you need to prepare in all aspects. Here are three important questions to ask yourself before proceeding to annul your marriage:
1. Can you still save your marriage?
Like marriage, divorce is a crucial life decision. Even though you and your spouse are constantly fighting, a permanent separation should always be the last option. If you are unsure of what you want for your future, do not hurriedly rush into divorce. Remember that during a fight, emotions are high and can cloud your rational judgment. If you need to be apart, take a temporary break to reflect on your relationship and options. Before you decide to solicit a divorce lawyer’s advice, try to work on saving your marriage by going to a counsellor or therapist.
In Sydney, the legal system encourages a couple to stay together and work on their marriage especially if there are children involved. A court will only grant an annulment if it is satisfied with proof that the marriage is beyond repair. Prior to applying for an annulment, couples must fulfil 12 months of effective separation without interruption.
2. Are you and your ex-spouse still living in the same house?
While most divorces end up in physical separation, there are cases when ex-couples decide to live in the same house due to practical reasons. If you and your ex-spouse opt for this set-up, you will have to prove to the court that your relationship has effectively ended. A divorce lawyer will provide sufficient evidence of “separation under one roof.” Typically, this involves filing written statements from witnesses to confirm the end of marriage and your current living situation. A qualified divorce lawyer in Sydney understands the burden of proof in these cases and will guide you gather evidence for a fast and smooth process.
3. Have you agreed on how to divide your assets and share child custody?
If divorce is truly inevitable, a separating couple’s priority should be a seamless and uncomplicated transition. For those without a prenuptial agreement, dividing assets can be a challenge. Likewise, those with children need to work out custody arrangements, child support, and other offspring-related issues. A reputable divorce lawyer in Sydney is tasked to advise you on these matters.
Divorce may signal the end of a once happy relationship. However, your marriage does not have to conclude on a messy split. Divorce lawyers are master negotiators and skilled mediators. They can help you and your ex-spouse retain a certain level of respect and amiability moving forward.
If you’re looking for a divorce lawyer in Sydney, get in touch with us today to see how we can help.
This article is intended to provide general information. You should obtain professional advice before you undertake any course of action.