Divorce is never a simple process, but it can be especially challenging for immigrants in Australia. You may need to consider factors such as where the divorce is filed, how long you have been resident in Australia, whether you are still living in the same residence and so on.
Any misstep in the divorce process could lead to consequences such as losing visa status or missing out on legal entitlements. As such, whether you’re working with divorce and immigration lawyers or tackling the process independently, it’s important to understand the common pitfalls of divorce and what you need to do to avoid them — which we’ll cover in this article.
1. Failing to Consult Both Divorce and Immigration Lawyers
Many immigrants mistakenly believe that a general family lawyer can handle all aspects of their divorce. While these lawyers can assist with property division and parenting arrangements, divorce often has immigration implications that require an immigration lawyer’s expertise.
Separating from a partner may affect your visa status or residency application, so it is important to consult a partner visa lawyer and a divorce lawyer early on. The partner visa lawyer will clarify how your separation impacts your immigration status and explore alternative pathways, if necessary, while the divorce lawyer will address family law issues.
For instance, after a divorce, an immigrant’s visa renewal can be denied if the sponsor was their permanent resident or Australian former spouse. However, with the right legal advice and support from divorce and immigration lawyers, the affected party may be able to start the transition to an independent visa early in anticipation of this situation.
2. Rushing Through the Divorce Process
Divorce is highly taxing on a person’s emotions, time and finances, so it is natural that many people — immigrants included — may want it over and done with quickly. However, excessive haste can lead to overlooking key processes that may affect your personal and immigration status.
As hard as it can be, it is important to take your time to do thorough research and seek legal expertise to understand how your divorce will impact all aspects of your life, as well as how the transition can be made as smooth as possible. From there, you’ll be able to determine next steps, know what documentation you need to prepare, and find out your expected timeline.
It is always valuable to have a neutral third-party professional help you navigate a complex issue like divorce with confidence. Getting the help of divorce and immigration lawyers ensures that you don’t miss any crucial steps or documentation that could lead to complications in the divorce process, property settlement, visa status and more.
3. Not Notifying Immigration Authorities About the Divorce
Many immigrants are unaware that Australian immigration laws require them to notify the Department of Home Affairs about significant changes in their circumstances, such as divorce or separation.
This is especially important for those on temporary partner visas, as visa conditions often depend on the relationship’s status. Failure to inform authorities can lead to serious consequences, including visa cancellation or deportation.
To avoid these issues, it is crucial to understand your visa conditions and report any changes promptly. Consulting partner visa lawyers can help ensure compliance with all legal obligations, as well as providing guidance for you to explore alternative visa pathways before your legal status formally changes.
4. Misunderstanding the Impact of Divorce on Your Visa Status
Some immigrants assume their visa status remains unaffected after a divorce, while others panic and believe they must leave Australia immediately. Both misconceptions can lead to poor decisions and missed opportunities.
The key to avoiding this mistake is understanding your visa type and its specific conditions. For instance:
- A temporary partner visa may be cancelled after divorce unless exceptions, such as domestic violence cases, apply.
- Permanent residency is typically unaffected by divorce, but it is essential to confirm your status, particularly if the application process is incomplete.
It is important to explore options like skilled migration visas, employer-sponsored visas, or student visas based on your situation. Consulting an immigration lawyer can help you identify the best path, assess eligibility, and navigate the application process effectively.
For example, dependent visa holders may fear losing their visa after a divorce. However, divorce and immigration lawyers can help them with alternatives such as transitioning to a skilled worker visa based on their qualifications, thus avoiding unnecessary uncertainty and securing their right to remain in Australia.
5. Overlooking Post-Divorce Financial Implications
Divorce can drastically impact your finances, especially for immigrants who may not anticipate the economic adjustments involved such as parenting arrangements, spousal maintenance, and property settlements.
To navigate this, it is crucial to consult divorce and immigration lawyers to clarify your legal rights and obligations across both financial and visa needs. It is vital to get a head start on creating a new budget that includes child support, living expenses, and visa requirements to secure your financial future post-divorce.
Visa extension fees, for instance, can be significant for on-shore renewals — and you may feel the pinch harder if this was previously handled as a joint expense. However, divorce and immigration lawyers can give you options such as whether you are entitled to monetary support from your former spouse, which could help alleviate any sudden financial burdens.
6. Failing to Account for Child Custody and Relocation Laws
Many parents fail to consider child custody and relocation laws during a divorce, which is especially relevant to immigrants who may wish to return to their home countries or move elsewhere with their children.
In Australia, a parent must obtain court approval before relocating a child, whether domestically or internationally. Relocating without permission can lead to legal disputes, changes in parenting arrangements, and potential visa issues — such as being prevented from taking your child out of the country, as well as getting your visa flagged.
Acting proactively safeguards your parenting arrangement and visa status. If you have children, it is essential to consult divorce and immigration lawyers before planning any relocations. They can help navigate the legal requirements for court approval and/or clarify how changes to parenting arrangements may affect visa conditions.
Nevett Ford – Your Trusted Divorce and Immigration Lawyers
Navigating the complexities of divorce while managing your immigration status in Australia requires thoughtful planning and informed decision-making. It is important to understand the overlap between family and immigration law and to seek advice from qualified professionals. Divorce and immigration lawyers can offer tailored guidance to protect your residency and legal rights.
At Nevett Ford, our immigration and divorce lawyers in Melbourne are experienced in navigating cases where these two areas of law intersect. We have successfully assisted numerous clients in confidently moving forward, ensuring a smoother transition into the next phase of their lives without jeopardising their residency or legal rights. Contact us today to find out how we can assist you.