Getting Divorced and how it will impact your children. Getting divorced is never easy, especially when there are children involved, assets and joint belongings, this can just get messy. Luckily there are legal steps you can take to ensure your matters are dealt with properly and with minimal disruption to your family’s life.
For Gold Coast residents, seeking out the best Divorce lawyers in Gold Coast to best deal with your matter is crucial, you need to make sure you feel comfortable with your lawyer and ensure he or she has a great understanding of your circumstances, in most family law matters dealing in divorce there are many factors that need to be dealt with, for example, if you and your partner have children and deciding on the best possible outcome that will have minimal impact on their ongoing development.
Deciding who gets custody and where will they live, in the existing family home, or will they need to move, these are all things that need to be considered. Mediation is generally the first place to start, if all family members can agree on terms it can make life a lot easier for everyone.
Make sure you know what you want to get out of the divorce and what you think your partner will want to get out of the divorce, this can be best way to handle the matter in most situations.
To officially apply for a divorce under Australian Law, you must first prove that your relationship has come to an end, the only way to do this is to prove that you have lived separately for a period of 1 year, this begins from the date that both parties have made the decision to divorce and end the marriage.
If you have children and would like to consider joint custody or “equal time” the courts will refer to Section 65DDAA of the Family Law Act which considers how far the parents live from each other, the capacity of the parents to implement the arrangement, the capacity to communicate with each other to resolve any differences and the effects of the proposed arrangements to the child.
If you can come to an arrangement where you are both living within a reasonable and capable travel time from each other than this can be a good start, and if you can both agree to arrangements on “equal Time” and be able to communicate effectively to each other without any conflict then you should be able to come to an arrangement, most importantly, it must be arranged in such a way that effects to the child or children are minimal.