Myths About Divorce

Five Myths About Divorce You Should Never Believe

The Internet abounds with phony information about what someone can do to prepare for a divorce, some are even perpetuated by family lawyers.  These ideas range from the ludicrous to the illegal.  What’s important to remember is that if you are planning to divorce, common sense is still king.  If something seems too good to be true, illogical, or dangerous – it probably is.  Ultimately a judge is going to take a look at the specifics of your divorce and they are typically very bright people who have, as they say, “seen it all”.  The chances of you successfully fooling them are very low and once you’ve lost credibility with the court you will never get it back.

To help you avoid these pitfalls, here are five pieces of very bad advice you should avoid at all costs:

  • You’re going to lose the house, don’t worry about it.  Wrong.  Typically the house is the largest marital asset you will have.  In many cases there is a lot of equity built up in the home which will need to be divided in the divorce.  That doesn’t mean the house must be sold, but there will need to be an event where the equity is extracted and divided.  That might take the form of a refinancing, or an adjustment to other property given to one of the spouses, but rest assured, you are entitled your fair share of the equity in the home.  Also, pay close attention to how your mortgage is addressed in the divorce.  If nothing is done you will remain liable on the mortgage, even after the divorce, so make sure the agreement requires that your name be removed from the mortgage.

In some cases, it’s emotionally or physically beneficial for the couple to separate and not live in the same home.  Be aware that in some jurisdictions it will be more difficult to transfer the occupancy away from a spouse who is still living in the home while the divorce is pending.

  • Clear out the bank accounts!  This is a bad move.  In most jurisdictions a concept called “community property” will govern the division of assets in your divorce.  That’s just a fancy way of saying whatever property was acquired (including cash in bank accounts) during the marriage belongs jointly to the parties.  That means 50% of the cash in the bank belongs to your spouse and taking all of it will make you look bad to the court.  If you feel like your partner is about to flee with your life savings, it’s acceptable to take 50% of the cash and put it into your own account.  It’s also important to remember that not all property is “community property”, things such as property owned before the marriage, inheritances, and gifts given to only one spouse may be considered “separate” property and not subject to equal distribution.
Divorce Proceedings

Nasty Divorce Proceedings can be Traumatic

A Competent Lawyer can help you Negotiate an Amicable Solution

If you or your partner are seeking a divorce, you may be tempted to use information from a book, court documents or the Internet. On the surface, this may sound like a good idea, but divorce proceedings are often much more complicated and reliable family lawyers such as Robinson Family Lawyers can represent your best interests. While a do-it-yourself approach may work in a few cases, a lawyer can help protect your best interests.

Divorce proceedings can often be complicated especially when dealing with issues like child custody, debt, assets, retirement benefits, future inheritance and so on. There may be several factors to take into consideration before you agree to sign an agreement.

Depending on the nature of the assets, properties etc, the financial resources may not always be split down the middle. Having an experienced lawyer on your side can help you understand the short and long-term implications of decisions. He or she can help keep the process smooth and proactive so that it is easier to move on after the process is over. An acrimonious process can make it very difficult to re-establish parenting relationships etc in the aftermath. In addition, the costs of a bitter divorce can eat way into your finances for months or even years after it’s over.

Principles of Divorce

General Legal Principles of Divorce Under Australian law

Divorce in Australia is regulated by the Family Law Act 1975. The statute establishes the principle of no-fault divorce. This means that it is not incumbent on the petitioning party to prove the other party’s fault in order to have the marriage ended by the court. Specifically speaking, the court does not take into consideration reasons why the marriage has ended, because the only ground for divorce under Australian law is the fact that the marriage broke down and there is no reasonable likelihood that the parties will get back together. In this connection, it needs to be pointed out that the Federal Circuit Court of Australia is empowered by Part VI of the Family Law Act 1975 to handle all matters related to the dissolution of marriage. That is, the Federal Circuit Court of Australia has the original jurisdiction to hear divorce cases. However, when the court grants divorce, it does not simultaneously rules on the matters of property distribution, financial support or arrangements for children. It merely recognises and formalises the end of the marriage.

To elaborate further, Australian law entitles an individual to apply for a divorce in the territory of Australia if (i) either the individual or his/her couple has domicile in Australia (views Australia as their home and have intent to reside in Australia permanently) or (ii) are Australian citizens by any lawful means or (iii) ordinarily reside in Australia for at least 12 months immediately preceding filing for divorce. Additionally, Australian law requires from the applicant to prove that the applicant and his/her spouse have lived separately and apart from each other for at least 12 months, and there is no reasonable likelihood of resuming married life. Here, it is extremely interesting to note that the court may recognise the fact of separation even under conditions when the couple lives separately in the same house. This is known as ‘separation under the one roof’. In case the couple has children aged under 18, the court can grant divorce only if it is satisfied that proper arrangements have been made for the children.

Dealing With Divorce

Five Tips For Dealing With A Divorce

If you are going through or have ever gone through a divorce, you will know that they are extremely difficult. You will find that you get very stressed very easily, that your emotions might bubble over from time to time, and that sometimes things will just become too much to handle. Although decent family lawyers can help the divorce process run smoothly (especially if there are children or a lot of assets involved), sometimes they aren’t enough.

The following five tips should help you deal with your divorce on an emotional level. Yes, it can be hard sometimes. However, remember that there is light at the end of the tunnel!

  1. Make sure that you choose a decent family lawyer

You don’t necessarily have to choose the best lawyer, nor do you have to go for one who charges stupidly high prices. Ultimately, what you really need to do is choose a family lawyer who treats you like a human, and who can help you through the emotional turmoil of a divorce. Sure, a lawyer’s job is to help sort out the legal side of the divorce, but if they are nice, compassionate people then you will find everything becomes that much easier!

Property Settlement

Worried about your Rightful Entitlement?

Legal Settlement of Property after Divorce under Australian Law

During marriage, spouses usually share a common pool of assets and resources that is collectively known as ‘property’. Family Lawyers Perth will explain that the process of divorce has far-reaching financial implications for both partners. If one or both partners own property individually, jointly or along with others, either party is entitled to request a property settlement from the other. The objective of the Australian property settlement law is to ensure fair distribution of property after separation and divorce.


In fact, property settlement laws not only govern marriage but also ‘de facto’ relationships, i.e., couples who live together on a domestic basis. In Australia, the Family Law Act of 1975 determines property settlement after divorce or separation. Property, in general, may include assets and resources that are owned or controlled by either one of the partners. Thus, property may include:

Divorce Proceeding

Representing Yourself in a Divorce Proceeding

The worst has happened and you find yourself served with divorce papers… what should you do?  Family Lawyers can be expensive, and you’re not sure how high the bill might go.  Should you hire a lawyer, or should you try to navigate the ins and outs of family court on your own?

The answer might surprise you because handling your own divorce is sometimes the right thing to do.  Remember, I said ‘sometimes’.

Family law courts see thousands of cases a year, and handle divorces of all shapes and sizes. Most of them are prepared for you; relatively inexperienced, hardworking people who just want to make it through the proceeding with as few scars as possible.  Most jurisdictions have forms on-line that can walk you through the step-by-step procedures of what documents to file, how to respond to the opposing side, and some even waive filing fees if you meet the income requirements.  Simply search for: ‘[your county name] divorce forms’ and you’ll find them.