5 Reasons to Finalise Your Divorce and Family Law Property Division Sooner Rather Than Later

Navigating a divorce is never easy. While it’s natural to feel overwhelmed, delaying the process can often exacerbate stress, complicate matters and result in significant financial costs – especially if years have passed by since the time of separation. Here are five good reasons to finalise your divorce and family law property division sooner rather than later.

Legal Clarity

How does sharing some of your future lotto winnings with your ex-partner sound?

Family law matters can be complex, involving the division of assets, parenting arrangements and other financial issues. 

Under Australian family law legislation, a party to a marriage has up to one year from the date of a divorce order to seek property division orders from the Family Court (NB: in the case of defacto relationships, the relevant period is two years from the date of final separation). If you do not obtain a formal divorce order from the Family Court, then the period under which your current assets could be considered by the Family Court for the purposes of property division orders could remain open indefinitely. 

By concluding your divorce in a timely fashion, you gain legal clarity and avoid additional legal fees and complications that often arise from drawn-out and delayed proceedings.

Emotional Closure

One of the most important reasons to expedite your divorce and family law property division is the need for emotional closure. Prolonged uncertainty can keep you in a state of limbo, making it difficult to move on with your life. By finalising your divorce, you can start the healing process, begin new routines, and focus on rebuilding your future.

Financial Stability

The sooner you finalise your family law matters, the sooner you will be able establish a clear financial plan for the future. Delaying the process often results in extended periods of uncertainty regarding assets, debts, and financial responsibilities. Conversely, finalising your divorce and family law property division allows for quicker adjustments to your budget and financial goals.

Impact on Children

If you have children, the length of the divorce process can affect their well-being – particularly if they are at an important stage of their schooling. Protracted disputes and instability may impact their emotional health and daily routines. Finalising the divorce sooner helps to establish a stable environment for your children, allowing them to adjust to their new circumstances more quickly and with less stress.

Opportunity for New Beginnings

The end of a marriage marks the beginning of a new chapter in your life. By concluding your divorce and family law financial matters sooner, you open the door to new opportunities, whether it’s pursuing personal goals, relationships, or career advancements. Procrastination can delay these new beginnings and keep you tethered to the past.

While it’s important to approach your divorce with care and thoroughness, taking steps to finalise it in a timely manner can provide significant benefits for your emotional, financial, and personal well-being. 

The good news is that the overwhelming majority of our family law matters settle without the need for trial in the Family Court - and many matters are settled without Family Court proceedings being necessary (other than to file a consent order application documenting the agreement reached and a joint divorce application).