By Catherine Curtis-Walsh
The timing of your Divorce can be crucial.
Your average married person probably believes that when their marriage is over, the first thing they should do is organize to get Divorced.
Getting Divorced means different things to different people, you might be craving a sense of freedom from what was a difficult time leading up to the collapse of your marriage. You might want to divorce so you can move on with your life. You might have already found love and happiness with a new person and have set a date for your wedding.
All of these are good reasons to get divorced, but the legal separation process, does not need to begin with a Divorce Application. In the majority of cases, a good Family Lawyer will advise you to wait to get divorced until the end of the legal process of separation.
It’s all about Timing
Firstly, if you have children, it is generally considered more important that arrangements are made for them which cater for their best interests, before doing anything else.
Secondly, the Family Law Act (Cth) 1975 (the Act) requires that you and your spouse have been separated for 12 months or more. If you have been living separately under one roof, it still counts as being separated, but there will be extra steps required to be taken for a successful divorce application. Sometimes, it is just too soon.
You might require a decision from the Federal Circuit and Family Court of Australia (the Court) about how the property you have acquired during your marriage should be divided. If so, from the time you are divorced, the Act provides a 12 month window for you to bring such an application to Court. This can place time pressure on any discussions you and your ex spouse might be having – which might be a pressure you could both do without.
On the other hand, if you want to keep a relatively fast paced momentum to discussions, then a 12 month timeframe might be a good thing, to keep things moving along.
Some disputes about the division of marital property (and children) can take over one year to resolve, which is generally why a lawyer might recommend holding off on a divorce, until it’s clear which direction and how long it is expected to take to resolve your dispute.
Speak with a Family Lawyer
There is no one size fits all approach, and it is important to discuss your circumstances with a Family Lawyer to decide when is the best time for you to get divorced.
This information is general in nature and not a substitute for legal advice based on your individual circumstances. For tailored family law advice about your situation, speak with our Senior Family Lawyer, Catherine Curtis-Walsh, on 03 8621 1000 or advisors@emlawyers.com.au
