According to the most recent statistics, 49,510 divorces were granted in Australia in 2020. This represents an increase of 1.9%.
If you are starting a divorce, you may be wondering whether you need a divorce lawyer. Not everyone uses a lawyer during divorce, but legal advice is strongly recommended. Here are three main reasons to use a lawyer during divorce.
1. Keeping the Process Civil
Divorce often involves strong emotions such as anger, grief, and frustration. These emotions can make communication difficult. Clear communication helps a divorce move faster and with less conflict. However, emotions often lead to poor decision-making. A divorce lawyer can communicate with your former partner and their lawyer for you. They keep discussions professional and reduce direct conflict. If you must speak directly, your lawyer will guide you.
2. Splitting Assets, Liabilities and Superannuation
Many people do not have enough assets for retirement, which makes property division important during divorce. Separating couples must divide assets, liabilities, and superannuation. Some people try to hide assets or increase debts unfairly. A lawyer helps identify these issues and ensures full disclosure. The Court can penalise a party who refuses to disclose assets or cooperate in good faith. Superannuation is treated as property and can be divided by agreement or court order. One spouse may receive a portion of the other’s superannuation. It is transferred into their fund and cannot be accessed as cash. This is especially important for stay-at-home parents who may have lower superannuation balances. The final split depends on many factors. Some long relationships may result in equal division, but outcomes vary. Legal advice helps you understand what is fair in your situation.
3. Protecting Your Children
Divorce becomes more complex when children are involved. Parents may disagree on living arrangements and parenting responsibilities. These disputes often go to court if not resolved. The Court prioritises:
- The best interests of the children;
- Equal consideration of both parents, but no automatic right;
- The child’s right to a relationship with both parents, if it is safe.
If safety is an issue, protective arrangements can be made. In serious cases, the Court can restrict contact with a parent. A lawyer helps you show what arrangements are in the child’s best interests. Child support may also apply if you are not the primary carer. A lawyer can help ensure payments are fair and affordable.
In Summary
Divorce is often stressful and emotional. Legal advice helps you make clear decisions during this time. A divorce lawyer supports you with property division, parenting arrangements, and legal negotiations. You should seek legal help if your matter is complex, contested, involves children, or includes significant assets. For more information or support, contact us on (03) 9422 5439 or email [email protected]. We assist clients across Melbourne, including South Morang and Warrnambool.