Mona Emera January Divorce Spike Interview

Interview with Slater and Gordon Family Lawyer, Mona Emera

Question: Why is January the -divorce month'?

Mona Emera: The most common reason given by people seeking advice in January is simply that the new year is the natural time for them to reassess their lives. Another feeling experienced by many people is that the stress and closeness of the festive period brought up issues that they can no longer ignore.


Question: Why is there a spike in divorce enquiries in January?

Mona Emera: People tend to be more motivated to sort out their lives at the start of the year. Many are also on holidays and have the spare time available to do so.


Question: Are more Australians getting divorced, every year?

Mona Emera: The most recent figures from the Australian Bureau of Statistics show a recent increase in the number of divorces granted in Australia

Seven Tips to Minimise the Pain of Separation

Seek professional help if you are finding it difficult to cope and perhaps harbouring feelings of loss, anger or guilt – visit your local GP to obtain referral.

Talk to friends and family and make use of existing support networks.  However, be careful what you say to mutual friends because becoming involved in a 'war of words' might only make things worse. Also, well-meaning friends and family may try to give you advice about what to do. Remember, every family is different and as such it is important to seek professional advise about your own circumstances.

Keep things civil. This doesn't necessarily mean that you have to engage a lawyer to represent you.  You should see a lawyer to get advise about where you stand.  If appropriate engage a lawyer to conduct negotiations on your behalf.  Although not always possible, it is best to avoid court.  Going to court can be expensive and may make the pain of separation worse.

Get financial advice.  Talk to your accountant and a financial planner about the effects of any proposed settlement between you and your former partner.  Knowing where you stand financially will help you make clearer decisions about your future.

Remember, you are generally under no obligation to leave the family home even if asked to do so by your partner.  However, leaving home may help you minimise the pain of separation.  You should seek legal advise before doing so.

Keep a diary of relevant dates and events.  People often find it difficult to remember timelines and dates and keeping a diary will make it easier.

Question: What is your initial advice for someone who unexpected finds themselves a part of the annual surge of separations?

Mona Emera: It is important to understand the legal and practical consequences of separation before you start the formal process. It's also a good idea to try to keep things civil, especially if there are children involved. People shouldn't be afraid to seek support or professional help – separation can be a stressful experience and there are many ways to make the process easier.


Question: What do most people not understand about divorce?

Mona Emera: Divorce is a different process to settling your finances or agreeing on parenting arrangements. Parenting and property matters can be settled any time after separation while the formal process of divorce is relatively straightforward but can only be initiated following a 12 month separation period.


Question: How important is a lawyer, during a financial separation?

Mona Emera: Getting good legal advice early is crucial. You may never need to actually engage a lawyer to represent you; however it is important to know where you stand and what you are entitled to.


Question: Can you talk about the costs involved in lodging divorce paperwork?

Mona Emera: The cost associated with divorce, property settlements and parenting disputes vary considerably depending on the circumstances of the separation, whether legal representation is ongoing or short term to formalise an amicable agreement between the parties. An Application for Divorce can be filed with or without a lawyer. For self-represented parties, the only fee will be a Federal Circuit Court processing/filing fee.


Interview by Brooke Hunter