The divorce process can be quite stressful. Most couples will face lengthy property settlement and child custody battles. Read this excerpt for some tips on how you can better prepare for the divorce process.
Check Previous Agreements
You pre-nuptial and post-nuptial agreements will play a significant role in the divorce process. Typically, you must abide by the terms of this contract. Sometimes, the terms of these agreements do not reflect your current situation. For instance, take a case where you have more children than you anticipated or you acquired additional property. If this is your situation, you could opt to nullify the contract. However, there must be a consensus between both parties.
Review Your Property
Under Australian law, you will only share property acquired after your marriage. As such, you must separate joint property from your individual property before you start the divorce process. Some of your individual property could be included in the divorce process. It happens if your partner played a significant part in managing the property. For instance, if your partner helped to grow your business.
Consider Parenting Agreements
In Australia, divorcing couples should be separated for at least one year. During this period, you could come up with a parenting plan detailing how you will raise your kids. For instance, the kids could stay with one parent while the other gets regular visitations. Use this parenting plan during the divorce process. You can make some adjustments to ensure the contract lasts longer.
Hire a Skilled Lawyer
A family lawyer can help you finalise this process. When hiring a divorce attorney, consider the following:
- Your divorce lawyer must be experienced and licenced to work in your state. When working with online lawyers, ask them to send their academic and licencing documents.
- Inquire about the services that they will provide. For instance, you may need a private investigator or forensic expert if you think that your partner has been hiding joint funds or property.
- Your lawyer should have a reasonable pricing strategy. Some lawyers will offer free or discounted services to vulnerable groups such as people in abusive relationships.
- Examine the lawyer's professionalism. Avoid lawyers accused of misconduct in the past. A lawyer with membership to professional bodies will observe a strict code of conduct.
When preparing for divorce, check previous agreements, review your property, consider parenting arrangements and hire a skilled lawyer. They'll help you avoid actions that will only complicate the divorce process.