It’s never an easy decision to make, but sometimes it’s for the best that you and your partner separate. In this difficult and stressful time, it’s important that you consider what official steps you have to take in order to divorce your partner.
Before you can officially apply for divorce, there are specific legal measures you and your partner have to take. Knowing these steps will help the process in being easier and more efficient for both you and your partner.
Having a family law professional by your side when going through this process can make it much easier on you. Especially with all of your emotional stress, a family lawyer can help you handle the legalities while you figure out the changes in your daily life.
Have a discussion
Before deciding on your divorce, it is best that you talk to your partner and the people around you. Talking to your partner can make the process easier and keep things more civil between the two of you.
If you have children, it is important that you let them know what is happening so that they have time to adjust. Communication and transparency is important in the stages leading up to your divorce.
Separate your assets
If you and your partner have joint bank accounts, you will need to inform the financial institutions of your separation to ensure the safety of your financial assets. Remember to keep your individual financial documents safe.
Revoke any power of attorney you have given your spouse. These steps are particularly important if your separation is not civil.
In order to apply for divorce, you and your partner must have evidence of being separated from each other for at least twelve months.
This is necessary even if one of you moves out of your matrimonial home. Evidence can still be established if you are living under the same roof for this period of time.
Concrete proof of your separation and the discontinuance of your relationship is needed in order for your application for divorce to be considered.
Fill in your application
You can apply for divorce in a joint application or sole application. If you are the sole applicant, the other party will be labelled the respondent.
Attending court is not necessary for your divorce application unless it is a sole application and you and your partner have children under the age of 18 years.
Navigating the divorce application process is easier with a legal professional by your side, and you can ask your lawyer to fill in the application and handle the legalities for you. It will take off the stress on you to make sure everything is in order and legally sound.