Things might be feeling tense at home, and you feel like your marriage has lost its spark. Are you thinking about separating, but worried about your assets and family if you split from your partner? A family lawyer can help you navigate this difficult time in your life, and achieve the best outcome for you and your family.
If your relationship has broken down, and you don’t know where to turn, keep reading to learn about what happens next and how to best protect yourself.
Who should you talk to first?
Who you talk to first — whether it’s your lawyer or your partner or spouse — depends on the current state of the relationship. If you feel there are assets you need to protect, or that your spouse may not take the news well, it’s a good idea to discuss the process with your family lawyer first. This may mean you can better protect your assets, and start planning your next steps and future plans ahead of that difficult discussion. Knowing your rights early on helps protect yourself and your family.
However, if you’re feeling threatened or unsafe, or your partner has become violent, it may be important to get assistance immediately by contacting the police. Your family lawyer can then advise you regarding criminal charges, apprehended domestic violence orders or parenting orders.
What happens next?
Once you engage your family lawyer, they’ll advise you on your options and the next steps. So, it’s important you have a trusted and accredited specialist by your side to guide you.
In Australia, we have ‘no fault’ divorce. This means that the Court does not consider the reason why a marriage has ended. There’s no need to provide proof, or who was in the wrong, meaning that no one needs to play the blame game. However, the Court does need to know that the marriage has broken down, and there is no reasonable chance of reconciliation.
The only other condition you need to prove to the Court is that you have lived separately for 12 months or, if this hasn’t been possible, that you have been “separated but living under one roof”.
What if your marriage was recent?
Marriage didn’t quite make the two year mark? You may need to undertake counselling and present proof of counselling to the Court prior to your divorce.
In the end, if your partner isn’t on the same page as you and is refusing to reach an agreement on your divorce, you need your family lawyer by your side early. They can advise you on the best approach for a successful outcome.
If you’re considering separating or divorcing your spouse or de-facto partner, you need an accredited specialist and trusted Central Coast family lawyer
Seton Family Lawyers are experienced and accredited family law specialists. Contact us today to book an appointment so we can help guide you through the process of separating or divorce. We settle 98% of cases outside of court and are conveniently located in Erina. Our Central Coast law firm can help you achieve the best outcome for your family.
