Sunday, January 13, 2008

Divorce Season is now Open

FEUDING couples have inundated divorce lawyers after a surge in relationship breakdowns over the Christmas and New Year period.

More than 10,000 Australian couples, including 3000 from NSW, are expected to start divorce proceedings this month, making it the busiest time of year for family lawyers.

About 20 per cent of all divorces are instigated in January, according to Barry Frakes, a partner with Sydney family law specialists Watts McCray Lawyers.

"If people are going through hard times in their relationships, Christmas is a time when things can become strained and arguments happen because expectations are high and things don't happen the way they want,'' Mr Frakes said.

"Therefore we see a lot of people having fights or breakdowns and coming to our doors as soon as our offices re-open.

"In a large firm like ours there are a lot of new clients booking in appointments now.''

Crisis counselling services such as Mensline have also been flooded with calls from people suffering stress and depression as a result of family breakdowns.

Statistics show New Year's Day is the single most turbulent day of the year among families, with a 157 per cent increase in domestic violence in NSW.

Australian Family Association spokeswoman Angela Conway said couples should work at trying to repair their relationships rather than start divorce proceedings in the heat of the moment.

"The Christmas and New Year period is a big danger zone and relationships difficulties and tensions do come to a head at this time of year,'' she said.

"We would certainly encourage couples to look more closely at their options because there is a growing amount of research showing that divorce rarely solves long-term problems or brings the peace and happiness that people think it will.

"It may look hopeless and it may feel terrible but it's worth sticking to your marriage and trying to make it work.''

Mr Frakes, who is also a mediator, arbitrator and former emergency court hotline operator over Christmas, also encouraged families to negotiate matters out of court whenever possible.

"People have expectations that Christmas will be perfect like it is on TV shows and in advertising,'' he added.

"People are confronted when they see their own life doesn't fit that stereotype and they feel sad about what they don't have. That's when they decide to take (legal) action.''

Latest figures from the Australian Bureau of Statistics reveal there were 51,375 divorces granted in 2006, of which 14,482 were in NSW.

While the highest proportion are lodged in January, divorces usually take months to be completed, meaning they are finalised later in the year.

Couples have to be separated for 12 months and prove their marriage is irretrievably broken before they can get a divorce.

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