Things to Consider Before Filing for Divorce

Things to Consider Before Filing for Divorce

Going through a divorce can be a messy process, and depending on the reasons behind the split it can be an emotional experience.

It is easy to overlook the finer details, but to make sure you don’t miss out on your full entitlements you should consider the following:

Be as prepared as possible:

Having time to prepare yourself for a split is not always realistic. Sometimes a relationship unexpectedly breaks down and one party immediately asks for a divorce. In Australia, you are legally required to be separated for 12 months before becoming divorced so use this time wisely.

If you can predict a separation is coming and you know it won’t be amicable, you may wish to set up a separate bank account or put some cash aside in case your day to day funds are tied up.

If you do not currently have your own line of credit, consider building this up for your future. If you have ever been through a break up you will know people can change very quickly.

Educate yourself and consider the best possible outcome.

Consult with an experienced lawyer

 Seeking the help of best divorce lawyer may seem like a costly exercise, but you do need to consider what you may miss out on without them. Failing to settle correctly may leave you with long term regrets.

You don’t necessarily need to have a lawyer on standby 24 hours a day, you may just want help with a few legal documents and advice. Complicated situations may need more assistance than those which are straightforward.

To find a lawyer, look for feedback online. For example, you can search for the best divorce lawyer Sydney. Find someone you are comfortable with and who has experience in this area. When you visit a lawyer for the first time, be organised. Find out what you need to bring to the appointment and arrive on time.

If you are directed to mediation, this can be a good time to compromise but you should not lock anything which you don’t feel comfortable with.

Think about where you want to live

Once you have gained the assistance of a lawyer, you will have a clearer understanding of what you are entitled to. It is important to think about where you want to live. Do you want to stay in the family home?

Unfortunately, keeping the house may not be affordable and other options may have to be considered.

You need to be budget conscious and think about not only the repayments but the ongoing maintenance and expenses. How much does it really cost to run your household? Are there things you may have to cut back on?

If there is an agreement to sell the house, you may have to work together to make sure it is sale ready. You need to be financially prepared for the likelihood of it not selling instantly.

Look at your combined finances

People often think about the obvious assets but forget there are other items which need to be dealt with. Do you and your ex have any of the following?


  • Superannuation
  • Shared bank accounts
  • Property
  • Personal loans
  • Credit cards
  • Debts
  • A business
  • Valuables

These will often need to be divided up, and an accountant may be able to assist with this. While your assets are shared, your debts may be too!

Make a copy of your latest tax return and any other documentation which may be relevant. It would be in your best interest to locate or estimate the annual income of the other party.

Consider the best interests of the children

 When you have children, you may have to try to work with your ex to keep their lives running smoothly. Interestingly, these days, couples often share custody of their beloved pets as well as their children!

Custody arrangements will need to be negotiated and any child support will be calculated based on income and percentage of care. It is best to start a routine early to give your family time to adjust.

A stable home life will be in the best interest of the children, it won’t be easy but try to do your best!

The final say…

If you are ready to file for divorce and start a new chapter in your life, it really is a good idea to hire a divorce lawyer. Sydney, Melbourne, Adelaide, Perth – wherever you live you will be able to find the right help for your situation.

Having an impartial expert guide you through the divorce process when you are feeling emotionally drained will mean a quicker, less stressful outcome for you and your family. Good luck!

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