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4 COMMON MYTHS ABOUT DIVORCE

Updated: Jul 10, 2023


1. 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.

A woman holding her wedding ring
Divorce and Seperation

2. 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.

Custody over a cat
You can get Divorced whenever you want...

3. 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.

A little girl playing with a bubble
Mothers always get custody...

4. 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.

Contract signing
Assets are split equally...

We are here to help, please call us on 07 3278 1888

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