Here are some tips for getting through the divorce process:

1. Don’t Wait too Long Before Getting Legal Advice

We recommend seeking legal advice from a solicitor who practices in the area of family law early in the divorce process. Not only does this prepare you for what’s on the horizon (matters like the divorce hearing, property settlement, children’s issues, etc.) it also arms you with valuable knowledge for the journey ahead.

As legal matters involve teamwork and the solicitor and client effectively entering a partnership for the case, it’s important to work with a firm that you believe in and trust. Research them and what they stand for and don’t be shy in asking them questions to find out more about how they operate.

It is possible for both parties to go through the divorce process without legal advice and assistance but our view is that having proper legal procedures in place gives peace of mind for the future. As one of Victoria’s largest family law firms we are proud to have twelve solicitors on staff including six accredited specialists in the area of family law – find out more about our firm for yourself.

Apart from engaging a divorce lawyer, it’s a good idea to talk to your financial planner or accountant to discuss the financial changes in your current situation and situation to come.

2. Be Mindful if Children are Involved

If children under 18 years old are involved in the divorce hearing, the Court will not award divorce until satisfied that all necessary arrangements for the children have been made.

A divorce unequivocally changes a family forever and it’s important to transition into this new chapter by creating as much stability in the children’s lives as possible. Check out the Parenting After Separation website for some tips on this.

3. Look After Your Emotions and Wellbeing

In this difficult time, it’s easy to overlook your own wellbeing but looking after yourself will help you through the process.

The breakdown of marriage is likened to the grief process and so, the natural emotional stages you will experience fit on the grief cycle. Shock, sadness and anger are all part and parcel as you move through to the other side of it. Being aware of where you are at in this cycle can be helpful.

It’s wise to see a professional counsellor to work through your feelings. You can visit the Australian Counselling Association website, where you can search for a qualified counsellor near you. No matter how tempting it may feel, resist the temptation to use the legal process as an avenue to air personal grievances – counselling is a far better (and cheaper) way to work through personal issues.

4. Get Organised

Write down exact dates and records of important events, such as when separation began, as this will make things easier later down the track. For instances, when it comes to the divorce application you will need to provide the Court with a copy of your marriage certificate or an affidavit relating to this if you cannot locate this. Also, having your financial documents in order will be particularly useful for the property settlement.

Don’t forget to talk to Centrelink as soon as possible to see what you may be entitled for as a single parent.

5. Use Resources to Assist You

Here are just a few resources to assist you through the process.

  • Family Law Registry
  • The Family Court
  • Single Parents and Child Support page
  • Family Relationships website
  • Parenting After Separation
  • The Family Law Act 1975

We are here for you

At Carew Counsel, we will assist you through this transition with sensitivity and an appreciation for resolving your case in a time and cost effective manner.

We understand that selecting a solicitor is an important decision and so we invite you to attend one of our free family law seminars to meet with us in person. These are held every alternating Tuesday at 1:00PM and 5:00PM, and in a personal environment with no more than ten people in attendance at any time. This allows you the chance to meet our lawyers and ask us any questions you may have. Book your place by contacting us today.

Other ways we can assist you

As well as working within the areas of divorce and separation, we are proud to offer our clients a full range of family law services to help you work through other parts of the divorce process relevant to your situation. These may be in areas like property settlements and, if needed, spousal maintenance. If parties agree, then we can create a financial agreement to finalise the matter, without the need for Court Orders. We are also highly trained to operate within all areas of children’s issues, including child support.

We wish you all the best in this process and look forward to assisting you in any way we can!

Anna Cunningham

Anna Cunningham

Solicitor, Family Law

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Keep on Learning

This guide provides a handy overview of most issues which arise in family law so please enjoy the articles, and keep checking back as we will continue to add more articles to this guide.

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