Divorces don't always have to be bitter affairs. Sometimes people simply grow apart, or find themselves incompatible, and no longer want to be married. However, they may want to stay on good terms for the sake of their children and/or simply because they still want to be friends. It's not an easy goal to achieve, which is why it's vital to have the support of a divorce lawyer.

A divorce lawyer in Melbourne can ensure that that both parties in the divorce are fairly treated in the divorce settlement — even if it's one you've both already agreed upon — and ensure that the application proceeds as smoothly as possible, which can go a long way towards reducing stress and potential conflict. Let's take a closer look at how they can help.

1. Providing education on legal rights

Disputes and disagreements often arise in the divorce process when understanding and expectations are not aligned between spouses. One party, for instance, may believe that they are entitled to spousal maintenance as part of the divorce settlement, but the other party may feel that they are being taken advantage of.    

A divorce lawyer can provide clarity to both parties on what their legal rights are, suggest equitable arrangements, and offer insight on potential outcomes for different resolution avenues. As an example, many divorce lawyers in Melbourne tend to recommend mediation or other forms of alternative dispute resolution for couples who are largely aligned on their goals, which can be instrumental to a swifter, smoother, and overall less fractious divorce.

2. Ensuring a financially equitable settlement

Asset and property division can be a touchy subject in the framework of divorce because they are not automatically 50/50 in Australia. As such, it can be difficult for involved parties to create an equitable agreement between themselves because each person naturally has a vested interest. On top of that, there is also a time limit to consider: divorce-related asset division in Australia typically needs to be settled within a year or two.

Under these circumstances, it can be easy for conflict to arise in the process. However, divorce lawyers in Melbourne can help you navigate this minefield by working with asset valuation experts to get a professional evaluation and providing legal guidance to ensure the interests of both parties are protected, thus reducing the chances of an acrimonious dispute.

3. Prioritising the children

Getting divorced becomes far more complex when children are involved, even for those who are separating amicably. Under Australian law, the court can only grant a divorce if it is satisfied that suitable arrangements have been made for the children. However, divorcing parties can often trigger disagreements when trying to reach consensus on parenting arrangements, especially if there was pre-existing conflict over how the children should be raised.

A divorce lawyer in Melbourne can eliminate a lot of potential friction by explaining and recommending the parenting order most suitable for your situation, as well as helping you draft a parenting agreement that is fair to both parties. They can also provide guidance on navigating complex situations, such as if one parent wants to relocate with the child, or if the child has special needs to be accounted for.

4. Acting as a neutral third party

Even the most amicable divorces can be emotionally charged at times, which is to be expected. That's why divorce lawyers are extensively trained to provide objectivity, professionalism, and compassion in divorce discussions, along with the skills to keep parties focused on achieving practical solutions instead of negotiations being derailed by emotional turbulence.  

With a divorce lawyer acting as intermediary, divorcing couples can put some distance between them and the divorce process, which can make discussions more logical and productive. Negotiating concessions and compromises through their lawyers helps the focus stay on the agreement in progress and not the circumstances, however painful, of the divorce. 

5. Advising on application dos and don'ts 

Once you've made the decision to divorce, the next step is to file the application. But should you file for divorce as a sole applicant or together with your spouse? What information do you need to supply? It's important for the application to be comprehensive, error-free, and submitted through the correct channels to avoid unnecessary delays and frustration.

A good divorce lawyer in Melbourne can significantly streamline the process by recommending the correct application, checking and verifying the information you need to provide, and even making the submission for you. For instance, they will be able to advise you on details such as needing to file an affidavit if you have changed your name since being married, or if you have been living under the same roof as your spouse for the past 12 months.

Get Professional Support For An Amicable Divorce

For most couples who have decided to divorce but remain friendly, the last thing that they want is for the process to be bitter, painful, and drawn out. Divorce lawyers in Melbourne can be instrumental in helping you avoid this outcome by educating you on your legal rights, providing tailored and comprehensive advice, and acting as a neutral intermediary to facilitate communication and resolution.

Neither you nor your partner need to navigate the turbulent waters of divorce alone. Choose a divorce lawyer that can communicate well with you, understands your situation, prioritises collaborative divorce practices, and is committed to helping you achieve an agreement that you are both satisfied with.