No one in their right mind gets married thinking that they would file for divorce one day. However, spouses drift away from one another over time, making a divorce the next logical step. Unless you wish to be caught off-guard and suffer financially and emotionally, we suggest you take the following 5 steps.
Are you sure you want a divorce?
In 2019 alone, there were more than 49,000 divorces in Australia, which is not a small figure. That is why you need to think long and hard before filing for divorce. Once you reach the final decision and are 100% certain of your choice, only then you should contact a family lawyer and commence the legal proceedings.
In many cases, marriage counseling is more fruitful than getting a divorce straight away. In other cases, a trial separation can do wonders for a broken relationship, so give your marriage a second chance before making a decision you will later regret.
Get all the major transactions done
Getting a divorce is painful but you needn’t suffer more than needed. For instance, the divorce case might prompt the judge in charge to prohibit you from selling and managing marital property.
This is a legal and practical measure that prevents both spouses from selling the family home or emptying the joint bank account out of spite.
However, just to be on the safe side, if you have plans to sell the family car or collect rent from a property you both own, finish these transactions before filing for divorce.
Take the time to find a good family lawyer
Since a divorce is a sensitive topic, you need your legal representative to be both compassionate and skillful. There are many experienced family lawyers who have dealt with thousands of divorce cases before, so they will tell you exactly what to expect in court and how to approach this precarious issue.
For instance, many people stay in touch with their partner during the process, thus hurting their case. The right legal adviser will tell you what not to do, so you don’t get into trouble with the authorities. You need to approach the issue seriously or risk losing all your property!
Prepare financial documents for the lawyer
As stated earlier, hiring a family lawyer is highly recommendable. However, even the best legal expert in the country can do little unless you provide them with the financial documents they need to build a solid case. These documents include bank statements, assets, deeds, debts, possible portages, and personal property, such as a car.
Before you serve your soon-to-be ex-spouse divorce papers, the lawyer should photocopy all the documents (or create an e-copy). This is important, as people are often dishonest when it comes to the property they own in reality.
It couldn’t hurt to consult an accountant
In a divorce case, hiring a family lawyer is pretty much mandatory but you should also have an accountant on your side. In most cases, family lawyers are the ones who consult an accountant but you can contact them yourself if you know of a good financial expert.
An accountant is able to efficiently prepare a balance report that will list all the assets, possible mortgages, and debts. This is done to prevent financial fraud from the very start of the legal process and the divorce will case will end sooner once the financial statement is deemed legitimate by the court.
The 5 steps we have listed are mandatory if you wish your divorce case to be as painless as possible. Apart from getting legal support from a family lawyer, don’t reject help from family and friends during this difficult period in your life. If you two have kids, then you both need to stay strong because of them!