Divorce Lawyers and Family Lawyers: Guiding you through the complexities of Divorce

WRITTEN BY SENIOR FAMILY LAWYER REBECCA LUCAS

Even when you and your spouse agree on the critical aspects of your divorce, the legal process can be complicated and time-consuming. Emotions run high, and disagreements over assets, child custody, and financial support can make it a challenging and contentious experience.

In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage, evidenced by a 12-month separation period. Meeting the criteria for divorce typically involves being an Australian citizen or having lived in Australia for at least one year before applying. In Australia, we have a no-fault jurisdiction. Therefore, the court is not concerned about the reason for the marriage breakdown. In other countries, there are requirements and provable grounds for divorce that can include irreconcilable differences, adultery, abandonment, or cruelty.

De facto relationships, recognised under the Family Law Act 1975, require proof of the relationship's commencement for post-separation settlements. This includes providing evidence of living together on a genuine domestic basis, with one or both parties making substantial contributions.

Two terms frequently arise when researching divorce: "divorce lawyers" and "family lawyers." These terms are often used interchangeably. Divorce Lawyers in Adelaide and Family Lawyers essentially undertake the same scope of work. They handle all aspects related to the dissolution of the marriage, including filing for divorce and representing you in court (if necessary). They can both cover the broader spectrum of family law-related legal issues. Their speciality includes not only divorce proceedings but also encompasses areas such as property settlements, parenting issues, binding financial agreements (pre-nuptial and post-nuptial), child support and private child support agreements, spousal maintenance, adoption, surrogacy, parentage, and domestic violence cases. More information on our family lawyer services can be found here.

In this article, we will refer to Divorce Lawyers and Family Lawyers as simply ‘Divorce Lawyers’.

Tailored legal guidance and strategies designed to secure positive results

Hiring a divorce lawyer during the divorce process provides essential legal guidance and the development of tailored strategies to meet your specific case goals. Lawyers use their knowledge of family law and experience in managing the emotional stages of divorce to navigate legal issues and determine the appropriate case approach on a case-by-case basis. They will determine whether alternate dispute resolution or litigation is appropriate, depending on your situation. This personalised approach significantly enhances the possibility of achieving a potentially favourable outcome through negotiation or litigation.

Objectively represent and protect your legal interests

One of the primary benefits of engaging a divorce lawyer is the objective representation they provide. Divorce is an emotionally charged process, and divorce lawyers serve as impartial advocates focused on the legal aspects of the case. They handle communications and negotiations, reducing emotional stress and protecting your rights. This objectivity helps negotiate a fair settlement and assists in preventing emotional decisions during the proceedings. They will also assist you with obtaining support from a wider range of professionals, so you have your support network to minimise the risks and maximise your understanding to make informed decisions throughout your case.

Ensuring asset protection and fair distribution in divorce cases

Both divorce lawyers and family lawyers can play a role in safeguarding assets and ensuring equitable distribution during divorce proceedings. They conduct thorough evaluations of marital property, seek to identify hidden assets and assess the long-term financial implications of various settlement options. This expertise ensures you receive what is fair, your financial well-being post-divorce is protected, and any financial manipulation by the other party is mitigated.

Efficient divorce application process

Engaging a divorce lawyer ensures that all necessary documents are expertly prepared, filed, and managed efficiently. Divorce lawyers handle the complex paperwork and deadlines, minimising administrative errors and delays. This meticulous document management streamlines the divorce process, helps reduce stress, and allows you to focus on moving forward with your life.

When to get legal advice

It is often best to get legal advice when contemplating separation or divorce as early as possible. Early consultation with a divorce lawyer can clarify legal rights and obligations, helping you make informed decisions from the outset. Even if separation is not yet definite, discussing potential scenarios with a divorce lawyer can prepare you for various outcomes, allowing for strategic planning and minimising potential legal and financial complications later.

Experience and Track Record

Researching a divorce lawyer’s background, including their years of practice, specialisation in family law, and success rate in divorce cases, can give valuable background into the firms’ capabilities and if they are right for you. A divorce lawyer with a strong track record and experience in similar cases will likely be more skilled at navigating the legal complexities and represent you well. Client testimonials and reviews can also offer direct insight and give you a sense of their professionalism.

If you're dealing with divorce and family law matters in Adelaide, Williams Lawyers are here to help. With us by your side, you can face what lies ahead with assurance and confidence. Contact our office today to arrange a confidential consultation and discover how our experienced family law team can protect your rights and interests.