4 Common Myths About Divorce

You Don’t Need Legal Advice

While you can prepare your own divorce application, we strongly recommend you seek legal advice before doing so. This is especially the case when you have children or hold joint property together. Making the initial decision to get legal advice will ensure your rights are represented.

You Can Get Divorced Whenever You Want

The only grounds for divorce are that the marriage has broken down irretrievably and you must have been separated for at least 12 months and one day. If there are children under 18 then proper arrangements need to have been made for them. In Australia, if you have been married for less than two years you will need to attend counselling and provide the court with a counselling certificate.

Mothers Always Get Custody

When a court determines who will have physical and legal custody, they take the best interests of the children into consideration.

Assets Are Split Equally

The division of assets is more about fairness rather than an equal split. Once the asset pool has been compiled, the process involves measuring the contribution that each party made to the assets. There are a number of factors that are taken into account, and the division must be just and equitable under the Family Law Act.

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