Did you ever wish there was a guide that you could follow about divorce that contains steps to take and documents you need? Well, you clicked on the right article! Divorce mainly involves property settlement and parenting arrangements. You can only imagine the number of papers that ex-couples must fill out in their divorce checklist in Australia.
Should I Get a Divorce Checklist in Australia?
Well, this will depend on how complicated the divorce is. Are there children? Is there a partner in the relationship that has a history of divorce and abuse? Do the couples have pending debts? All these factors and more can contribute to how long your divorce checklist in Australia will be.
If you think you can just take a mental note of everything you need before a divorce, that is bad practice. Regardless of how simple or complex a divorce is, yes, you should get a list of everything you need.
Let’s look at the divorce checklist in Australia 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 and government benefit accounts
- Affidavits
- Divorce application fees
Note: All divorce cases differ from each other. You may need some, all, or additional documents required for divorce, depending on your case.
Are You Aware of Everything You Own?
Property, assets, liabilities, and finances are indicators of the economic value of a marriage, which is relevant to property settlement. So, as a party to a divorce, you must know what you own and what you own with your partner. If you know all of your assets and what you jointly own with your partner, you will have an easier time with property settlement.
However, some spouses may hide, modify, or even destroy their own records. This is likely a common scenario in divorce, as such individuals often seek a resolution that favours them alone. This is why it’s important to have a binding financial agreement. There are two types of binding financial agreements:
- Prenuptial agreement: An agreement entered into before a marriage
- Postnuptial agreement: An agreement entered into during divorce.
Is There a Divorce Checklist Specifically for Assets?
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 economic 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
- Subscription 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 Before and During 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 after separation or divorce.
1. 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 or separation 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
2. Prioritising Childcare Arrangements in Your Divorce Checklist in Australia
Perhaps parenting matters are the source of never-ending disputes between divorced or separated couples. Some couples tend to argue about 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 child’s right to:
- Have 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 make 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.
3. Documentation
As mentioned, couples must 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 this is sensitive and critical information when a person feels like his/her relationship is going to end in divorce. Hence, it’s important to conduct these documentations discreetly. Another important thing to document is instances of abuse or domestic violence. Courts will value evidence like this since it will dictate parenting arrangements.
4. 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.
5. 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.
Let Us Help You Complete Your Divorce Checklist
Couples who want a divorce should not forget to seek legal advice, especially for a difficult 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 help them conduct property settlement fairly. Our lawyers understand that couples value their property, assets, and finances, so we take careful and effective approaches to dividing them.
Our Out-Of-Court Solutions
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 reach a conclusion. 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 divorcing couples settle their payments accordingly without hidden or hourly fees.
Contact a family lawyer today if you need help drafting a divorce checklist in Australia.
