Simply put, divorce is the formal dissolution of a marriage. But given the immense emotional, parenting, and financial implications of a divorce, families can struggle to reach an amicable financial settlement without external support.
In Australia, spouses are required to prove their marriage is irreparable as part of their divorce application. They must demonstrate to have been separated for more than 12 months and agree on parenting and financial arrangements.
Eleanor Lau is a partner at Australian law firm Lang and Rogers. She has been practising family law for 15 years and is experienced in international divorce settlements.
Ms Lau says before divorcing couples can litigate, they must attempt to formally settle parenting and financial matters first, unless there are exceptions.
“If you want to go to court in relation to parenting issues, there's a requirement that parents must have participated in family dispute resolution first. It’s a form of mediation where they are assisted by a family dispute resolution practitioner to see whether they could reach an agreement in relation to the children's ongoing arrangements. With financial matters, we do encourage parties to attempt alternative dispute resolution first, and the courts nowadays want to see their parties have at least tried to negotiate before they litigate.”
Going to court could cost tens of thousands of dollars and proceedings can take months.
Valerie Norton has been an accredited Family Dispute Resolution Practitioner (or F-D-R-P) for 12 years.
She says figures show around 90 per cent of divorcing spouses solve their disputes themselves, without going to court.
