Divorces can be nerve-racking, stressful, troublesome and sometimes a very tense process for both partners and their lawyers as well. Even though it is not unusual for people to separate and eventually divorce legally, the process from start to finish can be exhausting, complex and emotional all the way through the finish. Therefore, the divorce lawyers are those who offer their expertise in the field to legally resolve the problem in the most painless way and to create the opportunity for their clients to make the most of their divorce. However, very often there seem to be many misconceptions about their work and the way divorce is done legally. Here are some of the most usual misconceptions.
Everything will be split into 50/50.
Wrong. There is no such law or rule that states separation has to result in a 50/50 division of everything the couple possesses. Instead, to determine the conditions about the separation these are the things that will be taken into consideration. First of all, the financial contributions that each of the partners made to the acquisition of mutual property. This is followed by the contributions that each of the partners made as parent and homemaker. Then, any non-financial contribution made by either of the partners is included in the calculation. And, last but not least, the future needs of both partners.
We both agree to a divorce, so this should be fast and easy.
Again, wrong. In Australia, it takes about 4 months to finish the process of divorce completely. This covers the period from the date you first file the application for divorce in Court until you get court sealed copies of the Divorce Application by the Court. This is not a matter of how fast you agree upon things, but a string of legal processes that divorce lawyers must take time to complete. On the other hand, a prolonged process isn’t necessarily a bad thing. You can pay attention to every detail and think carefully about every decision you make because the outcome of the divorce is something that will impact not just both of you as partners, but your whole family.
I was cheated on, so I should get more.
Australia is one of the countries where the “no-fault divorce” jurisdiction prevails. This means that cheating as a moral issue doesn’t have the power to impact the overall property settlement. Additionally, it can’t determine who will get custody of the children. It is good to know that the only ground for divorce in Australia is “an irretrievable breakdown of the marriage” which is supported by a proof of 12 months’ separation.
If I file for divorce second, I’ll be at a disadvantage.
It doesn’t matter who files for divorce first. If you are the petitioner (the one who files first) you might have a slight head start on working out details but when the process begins you can see that this doesn’t grant you a better outcome. It all depends on all the documentation and settlements that are made while both of the partners are involved in the process.
I don’t have to care about finances until after my divorce is finished.
That would be a big mistake to make. It is recommended by the divorce lawyers Melbourne area that you finalise your property settlement matters before or during the divorce so that you can make sure that you remain within the time limit of 12 months. This time frame is given by the Family Court and it starts from the day your divorce order becomes effective.