No one said divorce would be easy. It’s never easy when your relationship comes to an end. What’s unfortunate is that it can be a complex and emotionally charged process.
This is why seeking professional legal advice and representation is important. Seeking the advice of a qualified family lawyer can help ensure that you are as prepared as possible for what lies ahead.
Application for divorce in Australia involves options—joint application and sole application. A typical application consists of the agreement of both parties to file for divorce. On the other hand, the exclusive application is when only one party files for divorce.
If you are wondering how to get a divorce in Australia, Madison Marcus law firm is experienced in handling all aspects of divorce law. Our team of compassionate lawyers will provide you with the support and guidance you need to endure this challenging time.
How to Prepare for Your Divorce Consultation?
Given that an application for divorce is a legal process, you must be prepared before meeting with your family lawyer.
Here are important ways you can do before meeting your lawyer:
• Prepare a summary of your family history.
Your lawyer will want to know the date you first moved in with your partner or spouse, the date of your wedding and when you decided to divorce. They will also need information about your children (names, birthdays and living arrangements).
• Get the details of your income and employment.
You will need to provide your lawyer with information about your current employment situation and your spouse’s. This includes job title, salary and any other benefits you receive. Your lawyer must also know about other income sources, such as investments or rental properties.
• Create a list of all assets and liabilities.
When you decide to apply for divorce, property settlement becomes a vital issue. You and your spouse must divide your assets (property, savings, investments, etc.) and liabilities (debt, mortgages, loans, etc.) between yourselves.
• Gather important documents.
You must secure all the documents about your assets and debts, such as credit cards, mortgages, personal loans and student loans. This includes your home, vehicles, savings accounts, retirement accounts and any other property you own.
• Create a list of all expenses.
Creating a list of your monthly expenses will give your lawyer a better understanding of your financial situation. Be sure to include all fixed costs, such as mortgage or rent payments, as well as variable costs, such as groceries, utility bills and child care expenses.
• Prepare some critical questions.
Many individuals hear various stories from other people in their life about what occurred in a divorce they are aware of or may walk into the meeting with preconceptions about how things will play out. This meeting will be the first chance to clarify misunderstandings and understand what lies ahead.
• Bring other relevant documents.
If you have any relevant documents, such as a prenuptial agreement or separation agreement, be sure to bring them to the meeting. These documents help speed up the divorce process.
How Much Is a Divorce Lawyer in Brisbane?
A law firm in Brisbane will have different charges for initial consultations: fixed fees, hourly rates and deferred fees. Payments will highly depend on the law firm, the complexity of your case and the amount of time required to resolve your matter.
• Initial Consultations
The first chance you will have to meet with one of a lawyer is during the initial consultation. The average fee is around $99 to $149, depending on the time spent and the law firm.
• Fixed Fee
Fixed fees are a fixed price for a specific job. A law firm might charge a set fee for an application for divorce. The average fee for a divorce ranges from $1,500 to $3,500.
• Hourly Rates
If your lawyer charges by the hour, you will be invoiced for the number of hours spent working on your case at an agreed-upon rate. The average hourly rate in Brisbane is $300 to $550+ per hour.
• Deferred Fees
Deferred fees are charged hourly, but payment is delayed until the matter is completed. This system is perfect for family law property issues since the parties may have assets but no money.
How Can I Hire a Divorce Lawyer?
When looking for a divorce lawyer, finding the right fit is essential. Referrals and interviewing different lawyers can offer critical insight.
1. Do your research.
Ask your friends and family, contact your local legal society, reach out to individuals who have previously gone through a divorce and do some research. Create a list of names for yourself, including lawyers that people advised you not to use.
2. Figure out what kind of lawyer you need.
Think carefully about what type of individual you want to work with. Do you want someone who will win the conflict and get you everything you need, or do you want someone who can obtain results using a passive approach? Is it necessary to tell you everything step by step, or would it be better if you trust them and leave the burden on the lawyer?
3. Narrow down your list.
It’s time to start narrowing your list. Try contacting each law firm on your list and see how they treat you during the first conversation. This will give you a good idea of how they will treat you as a client. They are probably not the right fit if they are rude, unprofessional, or don’t have time for you.
4. Start with a phone call.
After you have narrowed your list to a few law firms, it’s time to start making phone calls. This is your chance to get a feel for the individual lawyer and see if they are someone you would be comfortable working with. Be sure to ask them about their experience with divorce cases, what they think the process will be like and how they will be able to help you.
5. Choose a family lawyer.
Select the lawyer you feel most comfortable with and who you believe will best represent your interests.
6. Interview before you hire.
You wouldn’t buy a car without test driving it first, and you shouldn’t hire a lawyer without interviewing them either. This is your chance to ask them more specific questions about your case and get a feel for their personality. Be sure to ask about their experience, how they would handle your case, the likely outcome and how much they will charge.
How Madison Marcus Can Help You
Choosing a family lawyer to process your application for divorce is an important decision. The best way to prepare for divorce is to consult a family lawyer specialising in this law.
Madison Marcus is a leading family law firm in Brisbane, Sydney and other areas across the country. Our law firm has a team of experienced family lawyers ready to help you with your divorce application.
For all enquiries or a free 15-minute consultation, contact us here.
