Divorce is a difficult and emotional process that affects not only the couple involved, but also their families and friends. Unfortunately, there are many myths and misconceptions about divorce that can make the process even more challenging. In this blog post, we will debunk five common myths about divorce.
Myth #1: Divorce is always a messy and expensive process.
Fact: While divorce can be difficult, it does not have to be a messy or expensive process. In fact, many couples are able to work out an agreement without going to court. By using alternative dispute resolution methods like mediation or collaborative law, couples can come to an agreement that is mutually beneficial and avoids a long and costly court battle.
Myth #2: Women always get custody of the children.
Fact: This is one of the most common myths about divorce. While it used to be the case that mothers were often awarded custody of the children, this is no longer true. Family law in most countries, including Australia, requires the court to consider the best interests of the child. This means that factors like each parent's ability to care for the child, their relationship with the child, and their living arrangements are taken into account when deciding custody.
Myth #3: You have to prove fault in order to get a divorce.
Fact: In Australia, it is no longer necessary to prove fault in order to get a divorce. The Family Law Act 1975 established the concept of 'no-fault' divorce, which means that the only ground for divorce is the irretrievable breakdown of the marriage. This means that you do not need to prove that your spouse has done something wrong in order to obtain a divorce.
Myth #4: Divorce means a 50/50 split of all assets.
Fact: This is another common myth about divorce. While it may seem fair to split all assets equally, this is not always the case. The court will take into account a range of factors, including each person's financial and non-financial contributions, their future needs, and the length of the marriage or relationship. In some cases, a 50/50 split may be appropriate, but in others, it may not be.
Myth #5: You can hide assets during a divorce.
Fact: It is illegal to hide assets during a divorce, and doing so can have serious consequences. If you are found to have hidden assets, the court may set aside any transactions made with the intention of defeating a claim for property settlement. This means that you could end up with less than you would have if you had been honest about your assets.
Divorce is a complex and emotional process, and it is important to be informed and prepared. By understanding these common myths about divorce, you can approach the process with a clearer and more realistic view, and hopefully make it a little bit easier.