Divorce and separation can be overwhelming, but misinformation only makes the process harder. Many people make decisions based on myths, leading to unnecessary stress and confusion. Understanding the truth about family law ensures you make informed choices about your future.
Below, we debunk five common divorce myths to help you navigate the process with clarity and confidence.
Myth 1: Divorce is Always a Lengthy Process
Many believe that divorce is a drawn-out legal battle, but this isn’t always the case. In Australia, once you have been separated for 12 months, you can file for divorce. If both parties agree and there are no complications, the process can be relatively straightforward, often taking just a few months. However, delays usually arise from disputes over property settlement or child arrangements, not the divorce itself. Seeking advice from experienced family lawyers can help streamline the process.
Myth 2: You Automatically Lose Custody of Children in Divorce
A common fear is that one parent—often fathers—will automatically lose custody of their children. However, Australian family law prioritises the child’s best interests, not the parent’s gender or marital status. Courts encourage shared parental responsibility where possible, ensuring both parents remain involved in the child’s life. Custody arrangements are tailored to each family’s situation, considering factors like stability, safety, and the child’s well-being.
Myth 3: You Have to Be Separated for Years Before Divorcing
Many people assume that separation must last several years before they can apply for divorce. In reality, Australian law requires just 12 months of separation before filing. This rule ensures that the decision to divorce is well-considered but does not unnecessarily prolong the process. If you and your spouse have been living separately under one roof, you may still qualify for divorce with appropriate evidence. Consulting a divorce lawyer can clarify your eligibility.
Myth 4: Property Settlement is Always 50/50
A major misconception is that assets are automatically split evenly in a divorce. In Australia, property settlement is based on several factors, including financial contributions, non-financial contributions (such as homemaking and child-rearing), and future needs. The division of assets aims to be fair rather than equal. This means one party may receive more depending on circumstances. Seeking legal advice ensures you receive a fair outcome based on your unique situation.
Myth 5: Divorce Lawyers Are Only for Dividing Assets
Many assume that divorce lawyers only handle property settlement, but their role is much broader. Family lawyers provide guidance on child custody, spousal maintenance, parenting arrangements, and legal rights during separation. They also help resolve disputes through mediation, reducing the need for court battles. Having the right legal support ensures you understand your rights and responsibilities throughout the divorce process.
Get Professional Family Law Advice from SKC Lawyers
Divorce and separation involve complex legal and emotional challenges. By understanding the truth behind these divorce myths, you can make informed decisions and protect your interests.
If you need guidance on divorce, property settlement, or child custody, SKC Lawyers are here to help. Contact us today for family law advice tailored to you.