In a seemingly long list of requirements for divorce and separation, ex-couples will eventually need a divorce checklist in Australia. Yes, divorce is not easy to deal with. Imagine the number of papers, the court visits, and the ever-intense custody battles.
Divorce mainly involves property settlement and parenting arrangements. You can only imagine the number of papers that ex-couples must fill out. Who knows? Maybe even the requirements can stress out an ex-couple further, which can lead to more disputes.
To avoid this, ex-couples must use a divorce checklist.
Should I Get a Divorce Checklist in Australia?
This highly depends on how complicated the divorce is. Do you only have a few properties or assets that you share with your ex-spouse? Think you can just take a mental note of it with your partner? This is bad practice, and you should refrain from doing so!
Regardless of how simple or complex a divorce is, you should still create a divorce checklist. Let's look at the divorce checklist below and see if you already have everything checked:
- Marriage certificate
- Translation of Marriage certificate (For couples married abroad or who have a relationship with a foreign partner)
- Proof of the separation date
- Birth certificate
- Passport
- Bank and superannuation statements, and any proof of opened joint bank accounts or joint credit cards
- Insurance policies
- Tax records
- Any useful information in an email account
- Car registration
- Bank account, credit card, or store card statements
- Loan statements
- Utility bills
- Property documents (lease, deeds, mortgage papers)
- Investment statements
- Government benefit accounts
- Affidavits
- Divorce application fees
Are You Aware of Everything You Own?
Property, assets, liabilities, and finances are evidence of the economic value of marriage. Do you know anything that you own under any of these? After divorce, these are divided in a property settlement. If people suspect that their relationship will end in divorce, they should begin collecting and organising their records.
While this is the logical thing to do, some spouses may hide, modify, or even destroy their own records to make a resolution that only favours them. You should watch out for such antics if your gut says otherwise about your ex-partner.
A partner can be at risk of financial hardship if he/she doesn't keep proper records and have a thorough understanding of his/her financial status. For example, a person may have forgotten to list an apartment they handle, and the other party may take advantage of this and collect rent money without their ex-spouse's knowledge.
To prevent this, you can look at the divorce checklist below that contains properties, assets, liabilities, and finances:
- Tax returns
- Wills and other estate-related documents
- House or condo deeds
- Subscriptions or financial agreements
- Rental agreement
- Property lease
- Mortgage
- Life insurance policies
- Pension
- Superannuation
- Brokerage
- Credit card and loan statements
- Separate financial accounts or joint bank accounts
- Car registrations
- Assets like art, jewellery, antiques, furniture, appliances, gadgets
- Inherited items
- Animals or pets
Divorce Checklist in Australia: Things To Do After Divorce
Truly, a divorce checklist in Australia can help couples keep track of everything they own. However, it's also important to consider additional factors before a couple decides to separate or divorce. Here are important things to consider before separating or divorcing.
1. Understanding the Family Law Act
Divorce equates to going through legal matters. When you go through a divorce, it shouldn't be an excuse any more to not know the basics of family law.
Let's look at how the Family Law Act 1975 defines separation. Under this Act, separation is defined as couples that separate due to cohabitation. The Act also states that couples who separate may still live together. Yes, this is possible as long as the couple:
- Stopped wearing their wedding rings
- Refused to help each other with household chores
- Stopped sexual activity
- Proclaimed their separation publicly
- Stopped going to social gatherings together or as a couple
- Made a separate bank account of their own
On the other hand, couples who have been separated for 12 months and not living together may go straight to applying for divorce. De facto couples still have the same rights as married couples and can apply for property settlement and make parenting arrangements. However, according to section 90SB of the Family Law Act, courts may only grant property settlement to de facto couples if:
- The relationship ended after 2 years
- There is a child in the de facto relationship
- The party seeking property orders made significant and substantial contributions to the relationship.
- The relationship is or was registered under prescribed state law or territory.
2. Considering Marriage Counselling or Therapy
On rare occasions, some couples may intend to reconcile, learn from the dispute, and give their relationship another chance. Couples may add this option to their divorce checklist in Australia if they wish to reconcile. Marriage counsellors help couples improve their relationship, whether they decide to make up or end things permanently. They may help with:
- Addressing current or childhood trauma
- Explaining the concept of accountability when one makes a mistake
- Make suggestions to maintain and improve the couple's mental well-being
- Provide exercises and activities that help couples improve their relationship
3. Childcare Arrangements
Perhaps parenting matters are the source of never-ending disputes between divorced or separated couples. Some couples tend to argue about who gets legal custody of the child or who will have sole parental responsibility over their child. Sole parental responsibility is only granted to a parent if the other parent doesn't adhere to the child's best interests, which include the benefit of
- Having a meaningful relationship with both parents and other significant people in their life
- Being protected from any type of harm, abuse, or neglect
If parents are able to agree on childcare arrangements, both can receive equal shared parental responsibility over their child. This means that both parents get to choose major decisions for their children. However, the parent with legal custody can make day-to-day decisions for the child. It's important for couples to add childcare arrangements to their divorce checklist in Australia.
4. Documentation
As mentioned, it's important that couples keep track of everything they own before, during, and after a presumed divorce. But, how does one keep proper documentation of their assets, properties, and finances? Here are some tips for couples on how to properly document everything they own:
- Undertake searches for property/titles
- Have copies of information regarding businesses, mortgages, investments, and superannuation from employers and agencies
- Draft a history of work/employment
- Have a snapshot of bank accounts
- Summarise a list of assets and debts
Now, all of these are sensitive and critical information when a person feels like his/her relationship is going to end up in divorce. Hence, it's important to keep all of this information in a safe place like a flash drive, on their computers, or to someone they trust. These couples may also update and create passwords for their bank accounts, computers, or phones.
Another important thing to document is instances of abuse or domestic violence. Courts will value evidence like this since this will dictate parenting arrangements.
5. Changing Location or Careers
Separation or divorce usually results in couples finding another place, city, or state to live in, and even the option of choosing a new career path. A nasty break-up or divorce might make you want to change careers (especially if you worked in the same city or area as your ex).
Consequently, finding a new job might also mean relocating and changing your postal address. Whatever job you might find or stay at, higher-earning parties have the obligation to provide spousal maintenance to their former spouse if they have a lower income.
Spousal maintenance is a form of financial payment made to a lower-earning party. However, the lower-earning party must prove that they don't have the capability or means to support themselves financially. This is another complicated process in separation or divorce.
Hence, this is a good time for couples to add the option of changing location or careers to their divorce checklist in Australia.
6. Work Out Child Support Payments and Separate Accounts
Changing careers may also affect how a parent pays child support. A parent won't want to be in a situation where he/she couldn't afford to pay child support and go bankrupt. So, it's important to quickly plan out child support payments and maybe open new bank accounts to establish financial independence.
It's also advisable to close down any joint accounts that a spouse used to share with his/her ex-spouse. If both ex-couples can work out an amicable separation, they may decide to opt for a separate bank account instead of a joint account. Separate bank accounts prevent them from having future joint liabilities and credit card debt in the long run.
Complete Your Divorce Checklist With Us
Both you and your partner must consider seeking legal advice when you go through a divorce case. Going to a divorce case in court without a lawyer is like bringing a knife to a gun fight. What will you do if you don't have enough documentation? Are you sure that your divorce checklist is complete? How familiar are you with Australian family law?
All of these questions can be easily answered with the help of JB Solicitors. We continue to aid couples in the divorce process and in conducting property settlements fairly. Our lawyers understand that couples value their property, assets, and finances, so we take careful and effective approaches to dividing them. Such approaches can include a binding financial agreement that outlines each party's property and assets.
Now, what if you don't want your divorce matter to end up in court? Court proceedings require couples to spend a huge amount of time and money in order to conclude. Thankfully, our law firm offers mediation services where couples can address their issues and reach an amicable agreement with a mediator.
Our fixed fees for divorce matters can help couples settle their payments accordingly without hidden or hourly fees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
