4th January 2020
Without a doubt, going through a divorce is often a tough experience for the parties involved. Apart from trying to navigate through the myriad of emotions that you tend to feel during this period, you also need to find a way to keep a clear head so you don’t make any decisions you might regret later.
It’s okay to need help with these emotional situations. If you or someone you know is personally struggling there are some free resources and links at the end of this article. It's ok to ask for help.
According to the Australian Institute for Family Studies, at least one in a 500 people in Australia have gone through a divorce. Though this is better when compared to a few years ago there is still a need to appropriately cater for people going through a divorce.
Another tricky part about most divorces is that in some instances, more attention is paid to women and children and with men often being
overlooked. Although men may try to hide some of their emotions, they feel it too.
Divorce is a complex event however, men and women's rights in a divorce depend mostly on the divorce laws in the region and the circumstances in question.
For instance, in Australia, there are legal guides to the divorce process. Usually, both men and women have similar rights in the divorce process. According to the Family Law Act 1975 there is no such thing as men’s rights or women’s rights during divorce in Australia. The only rights that a court is obliged to recognise are children’s rights.
If the divorce is a consensual arrangement, it is easier to reach an agreement on the issues involved but in some cases, it might not be as
easy. This is why it is important to get legal representation to help handle the divorce process. (Need help? Click
here to contact us).
While it is true that men are often the ones required to pay child support after a divorce, it might interest you to know that the rights are the same for both men and women.
Any parent can pay child support, although, in most instances, the non-custodial parent is required to pay to the custodial parent. Child support is not the man or woman’s right, it is the child’s right. So, a man can pay child support to a woman and a woman can pay child support to a man.
However, some instances of divorce also require spousal maintenance. For this to occur a partner would need to prove that they are not
capable of taking care of themselves before they can be entitled to spousal maintenance.
No good parent ever wants to lose their children. Which is why most divorce laws protect the right of a child to have a relationship with both parents even in a divorce, except in some extreme situations.
In Australian law, child custody issues depend majorly on the parents. If the parents show a good relationship, they are most likely going to get shared custody of their children after the divorce. This is due to the fact that communication is important in sharing custody after a divorce.
Also, young children might have to spend more time with their mother after a divorce. But this does not mean the dads would lose their children as arrangements can still be made to grant the dad access to the children.
Therefore, the best way for a dad to deal with losing his child or children in a divorce is to get appropriate legal help.
Property settlement is another tricky part of divorces in Australia, which is why it is important to take precautionary steps to protect your assets, especially before a divorce.
In most instances, it is advisable to enter a formal agreement with your partner. Usually, these agreements are advised at the beginning of a relationship and can be modified when significant events occur. Here are some other tips to help protect your assets.
The effects of divorce come majorly in three phases; the psychosocial phase (psychological and social factors), preparing for life after the divorce and the legalities involved in the process. Depending on the circumstances of the divorce, life after a divorce can mean different things to different people.
Going through a divorce requires all the help you can get to make the process as easy as possible. A divorce doesn’t have to be
messy. A seamless divorce process makes life after the divorce much better for both parties, especially when compared to a messy process.
Sometimes, after trying everything else, it might not be possible to save a marriage. When one or both partners come to this realisation, the next step is to come to a mutual agreement on a divorce and all the related affairs.
A good legal representative can make the process seamless for both partners. This is why the importance of getting the right legal advice in a divorce cannot be overemphasised.
The divorce process for men can be just as difficult as it is for women and children. This is why men should endeavour to get all the help
they can to make the process easier for themselves. Our team of legal experts can help cater to your
legal needs during a separation.
Please note the content of this post is information only and not legal advice. If you require legal advice it is best to contact one of our lawyers who can review your particular circumstances and then provide tailored advice according to your needs.
If you and your spouse have made the decision to officially end your marriage, understand the divorce process in Australia. Read More…