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Divorce Part 1 – Where do I start?

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Worland Family Lawyers Images

Divorce – Where do I start?

If you are thinking of separating, you are not alone, and it is not an anomaly. You married a person thinking that you would stay together forever, but the reality is not always so simple or practical.

The word ‘divorce’ stems from the Latin word ‘divortium’ which means ‘to separate’. The earliest laws pertaining to divorce are from Babylonia in 1760, at the time of King Hammurabi’s reign.

Interesting facts aside, divorce brings with it sadness, grief, anger and resentment and it can be difficult to navigate the separation process in a time of emotional turmoil. It is even more prevalent with the current pressures of COVID.

According to theseparationguide.com.au, there has been an 85% surge of requests for marriage and family counsellors or a psychologist since the pandemic began.

Australia has followed the trend of countries like the US and the UK as their divorce rates continue to rise during the pandemic, and this has many contributing factors such as:

  • Intense close contact
  • Family violence
  • Financial stress
  • Unequal household duties/ parenting responsibilities
  • Working from home

Keeping perspective whilst enduring upheaval is important.

As difficult as it may be, feelings are often temporary and there are facts that you need to know going forward. If you can agree on financial and child- care arrangements with your ex-partner, then you do not have to proceed with litigation. It is a matter of filing with the Federal Circuit Court or Family Law Court.

The most important thing about any separation is to remember that it is much like a business transaction. This is the first thing that will help you understand the process of divorce.

Why should you think of it as a business transaction? It is because when there are matters regarding property and division of assets, there is a general guide as to what the Court follows- and that does not include emotional ‘costs’ (which will be explained in our next two blogs).