The decision has been made that your marriage is over and you are getting a divorce, but where to from here?
Regardless of who left who, divorce is one of the most stressful experiences you will ever have. No matter the reasons for your decision, the process of ending a marriage or relationship involves grieving the shared life which is now over. You may feel sad, angry or completely lost. Or perhaps relieved but frightened of what the future may hold.
Even for those whose marriages were over long ago, filing for divorce can bring up memories and feelings you thought you had left behind.
We cannot promise that your divorce will be painless or easy. This depends a lot on your ex-spouse. But having someone who knows the process inside out and can help you understand what is happening and why, can make a big difference during such a difficult time.
You do not have to feel ashamed or embarrassed about what brought you to this point. We don’t judge. We are simply here to take care of all the legal aspects so you can focus on more important things, like looking after yourself and like your children.
For most people, divorce is just one aspect of their family law journey.
Splitting with your spouse or partner may have the added hardship of leaving you without sufficient money to look after yourself and your children, or without a place to live. In these cases, you may be eligible for spousal maintenance while you are getting back on your feet.
Whether you were married or not, you will likely have to make a property settlement with your ex-partner. From selling your family home to deciding who gets the dog, splitting up your possessions is difficult and can be fertile ground for lengthy and costly arguments. We believe that a negotiated solution is cheaper and less stressful generally, but we have no qualms about being fearless advocates if need be.
If you have children, no doubt they are your pride and joy. The thought of not seeing them as often can be gut-wrenching. There is also the added difficultly where one spouse wants to relocate and take the children with them. Having someone to skilfully navigate the complex court system and to be with you each step of the way is so important.
Once it is sorted out who will mainly care for the children, there is also the issue of child support. Whether you have to pay child support or you are receiving it, it is important to know your rights and responsibilities and to have someone on your side if things go wrong.
For some people, the decision to finally leave their partner has arisen due to domestic violence. Even if you have taken the brave step of leaving, you are no doubt, still afraid for yourself and your children. There are tools and systems out there to protect you and to allow you to trust that you will have a safe and happy future. Being in such a situation makes it all the more important to have someone you trust and feel comfortable with to help guide you.
It is also wise to think about sorting out your Will and Enduring Power of Attorney at this time. Once your divorce is finalised, your Will and Enduring Power of Attorney will not longer be valid so you will need to do new ones. Even while you are separated, it is important to think about making new plans. You probably do not want you ex-spouse receiving everything under your will or being your sole decision-maker if you lose your ability to make decisions for yourself before your divorce comes through.
We know that divorce, and all that goes with it, is not something anyone hopes they will have to deal with, but we firmly believe that having the right team to look after you, explain things in language you can understand and take care of all the legal aspects, is vital to you being on your way to a happier future.
Here is what our clients have to say:
DM – 9 March 2016