Every year, there are a lot of marriages that end in separation due to misunderstandings and other issues. According to the Australian Bureau of Statistics, 49,510 divorces were granted in Australia last 2020. However, getting a divorce like those in this statistic is not easy. Aside from being emotionally taxing, the legal procedures that must be done can leave you even more stressed.
Read on to know more about the Australian divorce system and how to choose the right divorce lawyer.
What to Ask Yourself Before Getting Divorced
How’s your life going to be after divorce?
Getting divorce is not merely untying the ‘knot.’ It involves a lot of issues, and to tackle them one by one is no easy job. Aside from the emotional turmoil ongoing inside of you, you have the children, their welfare and settlements to work out. You need to protect yourself and your children’s best interest.
There is no other way to get this done other than seeking legal aid in family law through a lawyer.
Selecting the Right Divorce Lawyer
Get a List of Potential CandidatesLawyers are different in terms of skills, experience and attitude towards handling different cases. Ultimately, you should pick a lawyer who is an expert in providing legal aid in family law to get the best outcome.
Check Your FinancesBefore approaching lawyers, take note of your financial capacity first. If you have a lot to spare, you can go for a known law firm that will be able to provide you with excellent legal aid in family law.
LicenceHiring a licensed divorce lawyer will help ensure that they have the necessary knowledge and skills to handle your case.
Do a Background CheckTo know if they are legitimate and reliable, you should ask around for any opinions about their work. This can be done by asking their clients if they have been referred to you by a friend or relative. You can also browse online for ratings and testimonials.
TransparencyA lawyer offering legal aid in family law who does not properly explain their fees and terms is a red flag. Costs that are too good to be true are something to avoid, as well as questionable procedures with vague purposes.
AvailabilityKnowing when and how to contact your lawyer is important. In addition, a lawyer who has too many caseloads might compromise his commitment to you and would jeopardise the proceedings.
Matches Your PersonalityGiven that you will be working with them for months, it is best to pick a divorce lawyer you are comfortable with. They should be patient in answering your questions, explain things with clarity and respect your decisions.
Sympathetic but ObjectiveSomeone who can understand your situation is good, but they also have to work objectively to avoid analysing the issue in a biassed manner.
How Do I Choose a Divorce Lawyer in Australia
Before you hire such a lawyer, you need a little knowledge of how family lawyers in Sydney work.
Divorce Law in Australia
As stated by the Federal Circuit and Family Court of Australia, divorce is the formal and legal end of a marriage. It is different from the set of laws governing property settlement and parenting arrangements or financial support, which are under a different section in the Family Law Act 1975.
What makes divorce in Australia unique from laws that are practised by other countries is its no-fault system.
The No-Fault Divorce System
Australian law does not require any of the involved parties to present claims like adultery, alcoholism or disability to be granted a divorce, which is why it is called a ‘no-fault’ system. Instead, it only needs to know that the marriage can no longer be mended and is supported by 12 months of separation. This separation can be considered valid even when the couple is still living together in the same house.
If you are applying for a divorce and you want to know the process, check this link.
How Madison Marcus Can Help You
Having a divorce is already devastating but navigating the laws and regulations can make it worse. The whole process of getting divorced can be complex. However, you can make things easier by seeking assistance from family lawyers in Sydney who can provide legal aid in family law.
If you are looking for a divorce lawyer or family lawyer in Sydney or Brisbane, Madison Marcus can help you get your desired outcome. We are an award-winning law firm with experienced lawyers who can offer you legal aid in family law related to marriage like prenuptial and postnuptial financial agreements, divorce and co-parenting. We can also offer assistance regarding spousal maintenance and child support.
For all enquiries or to book a free 15-minute consultation, contact us today.