In many areas, a couple can manage a divorce on their own, if it's amicable and you agree on all terms and conditions. You can have an agreement drawn up and register it with the courts; if a judge sees nothing to question in the agreement, it may then be filed and the marriage is dissolved. However, even if this is allowable in your area, such a procedure may not be to your advantage. Note when it's good to call a family lawyer to help you through a divorce even if you and your spouse seem to be getting along through the process.
If you have a prenuptial agreement
If you and your spouse signed any type of prenuptial agreement, you would do well to have it reviewed by an attorney before you start divorce proceedings. You may have some misunderstandings about that agreement and how it's worded, and may be making assumptions about its provisions for you or your spouse. The prenuptial agreement may not even be recognized by the courts, if it was worded ambiguously, was not witnessed or signed properly, or there are any other legal questions about its validity. To protect yourself and your interests, have that agreement reviewed before you start divorce proceedings so you know if it will be recognized or if your divorce decree should be written in a way to supersede that agreement.
If you're not sure your marriage was legal
If you found out that your spouse was married before, if either of you were underage when the marriage took place, or if either of you married under duress, this can mean that the marriage should be annulled. Nullification may be a simpler process and may mean fewer complications when it comes to support and property issues, and you will also not have a record of divorce behind you. An attorney can note if your marriage should be nullified and why that might be to your advantage, given your individual circumstances.
You want to separate for a time before divorcing
Legally separating for a short time can help couples decide if they want to divorce or reconcile. To protect your financial interests and to reduce some of the work involved in a divorce if that's what you decide to pursue, you might have an attorney draw up legal papers for this separation. You can then file separate taxes and protect your assets and earnings during this separation; your attorney will note if this is the best choice and what legal paperwork you might consider during this time.
Contact a company like Alexanders Lawyers to learn more.
Share15 March 2017
Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.