5 Things to Be Aware of Before Filing for Divorce

Divorce can be a complex and emotionally taxing process, and navigating the legal landscape after the fact can be especially daunting. Engaging experienced divorce lawyers in Melbourne is crucial to ensure a fair and smooth resolution. However, before taking that step, it’s important to be aware of some key factors that can impact the divorce process and outcome. This article will highlight five things to consider before filing for divorce.

Legal Grounds for Divorce

In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage. This is established by living separately and apart for at least 12 months. It’s crucial to understand that there’s no requirement to prove fault or blame for the breakdown of the marriage. Familiarise yourself with the legal grounds for divorce, as this will help you manage your expectations and approach the process with a clear understanding of your rights and obligations.

Financial Implications

Divorce often comes with significant financial implications. You’ll need to consider the costs of hiring divorce lawyers in Melbourne, as well as any potential changes to your living arrangements, income and assets. It’s essential to be aware of your financial situation and obligations, such as shared debts and property ownership. You’ll also need to assess your post-divorce financial needs and create a budget to help you adjust to your new circumstances. Being proactive in addressing financial matters can help you avoid unnecessary stress and complications during the divorce process.

The Best Interests of Your Children

If you have children, their wellbeing should be at the forefront of your decision-making process. In Australia, the Family Law Act emphasises that both parents are responsible for their children’s care and welfare. As such, it’s essential to develop a co-parenting plan that outlines parental responsibilities, living arrangements and communication strategies. Engage with your spouse and divorce lawyers in Melbourne to ensure that your children’s best interests are prioritised throughout the divorce process.

The Property Settlement Process

When a marriage breaks down, one of the most contentious issues can be the division of property and assets. In Australia, the Family Law Act provides guidelines for the equitable distribution of matrimonial property, taking into account factors such as financial contributions, future needs and the best interests of any children. To ensure a fair outcome, it’s important to be transparent about your financial situation and provide accurate information about your assets, liabilities, income and expenses. Consult with divorce lawyers in Melbourne to understand your rights and obligations regarding property settlement.

Alternative Dispute Resolution Options

While divorce can turn into a highly adversarial process, it’s worth exploring alternative dispute resolution options such as mediation or collaborative law. These approaches aim to promote open communication, mutual respect and cooperation between parties, leading to a more amicable and cost-effective resolution. Divorce lawyers in Melbourne can offer guidance on suitable alternative dispute resolution methods and help you navigate the process.


Being well-informed about the legal, financial and emotional aspects of divorce can help you approach the process with confidence and clarity. Engaging experienced divorce lawyers in Melbourne can provide invaluable guidance and support during this challenging time, ensuring that your rights and interests are protected throughout the divorce process.

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