If it’s over, don’t wait to divorce
Your relationship might have ended years ago, you’ve already sorted out your property settlement with your spouse, but you still can’t bring yourself to apply for a divorce or you just haven’t gotten round to it. Does this sound familiar?
If you have no further relationship with your spouse, remaining legally married can create legal complications for you in the future (if not now, if that’s why you’re reading this article). For example, if you’re still legally married you could still have issues in relation to your Will and your estate, any superannuation benefits or entitlements, ongoing spousal maintenance, identifying your next of kin, and pursuing other relationships especially if you want to marry someone else (you can’t be married to two people at the same time – at least in Australia, right?)
If you’ve moved on with your life, then you probably don’t want to be in dispute with your spouse over any entitlement to property or other benefit. But there are legal consequences to being legally married. So even if your relationship is over, and it’s over mentally, emotionally, and socially – it’s still legally valid until you’re divorced.
Let’s be clear – this article is by no means an endorsement of divorce, or an encouragement for anyone to divorce. In fact, I strongly advocate against it. But you also need to face the facts. If you’ve reached the point of ‘no return’ and you’re certain that your relationship is over, then you should seriously consider taking steps to make sure that the legal status of your marriage reflects the actual or factual status of your relationship.
Being able to redefine your relationship legally so that it’s consistent with every other aspect of your life gives you the best chance to avoid unnecessary costs associated with sorting through complications in the future.
‘Complicated’ is what we do best, and that’s why clients seek our assistance – it’s because something’s happened in their lives that has resulted in less than desirable outcomes. But as the wise would say ‘prevention is better than the cure’ and by taking proactive steps today to sort out the legal status of your marriage you avoid the troubles, cost and complication of tomorrow.
A personal invitation
Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings – and not every lawyer you speak to will have the ‘bedside manner’, empathy or commitment necessary to help you on this challenging journey.
With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers. My team’s dedication to service and results means you will enjoy confidence and peace of mind while we look after what’s best for you and those important to you. Living through a relationship breakdown is difficult, and normally obtaining legal advice and support is an expensive exercise. My hope is our professional advice and objective opinion will help steady you during this difficult time – after all, even if your relationship is over, you’re still entitled to be treated fairly and with respect.
If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.
I look forward to being of service.