Divorce procedures and settlements can be lengthy and detailed to laypeople in Sydney who may be going through mental and psychological turmoil due to various situations at home. It’s easy to get confused and intimidated by the process. Unfortunately, many myths have been built around divorce procedures without solid arguments supporting them. This article aims to burst a few such common myths and improve the understanding of everyday people to aid them in handling such scenarios better. However, it’s best to approach divorce lawyers in Sydney for a better understanding and decide the next course of action.
Myth 1: All Divorces Must Only Be Settled Through the Court
Most divorces that take place in Sydney are usually settled outside the courts. If children under 18 years are involved, the divorcing couple must first and foremost attempt to mediate and resolve all their disputes to reach an amicable and agreeable settlement. If mediation fails, the issue can be taken to court, where a judge will pass the final verdict.
Myth 2: The Children Decide Who They Live With
The court has the freedom to make this decision after carefully evaluating and understanding the arguments on both sides. The children’s views will be considered, but the court isn’t bound to stick to them. The maturity of the children is also a factor when weighing their opinions. Sometimes, a children’s lawyer could be appointed, and they may recommend living arrangements.
Myth 3: The Assets Will be Split 50/50
According to Australian Family Law, the division of assets in Sydney must be fair and equitable, but it doesn’t necessarily indicate a 50/50 split of everything. Every divorce case comes with its unique circumstances. Numerous factors need to be considered when splitting the assets. These factors may include the duration of and contributions made in the marriage, future requirements and circumstances of both parties and the children involved, and the ability of each party to earn and sustain themselves. There are no set parameters to determine who gets what in a divorce. And if this isn’t mind-boggling enough already, the regulations that govern the splitting of superannuation would complicate the procedure further. It is, therefore, in the capacity of professional assistance from divorce lawyers in Sydney to provide legal advice, especially when sizeable assets are involved.
Myth 4: A Divorced Parent Can be Stopped by Their Ex-Spouse if They Stop Paying Child Support
The arrangements made on how much time a parent gets to spend with the children are unrelated to paying Child Support. The court shall consider it if the child support payments aren’t being made and may associate it with someone not taking their responsibilities seriously, but that can’t be a reason to deny someone their legal right to spend time with the children.
Myth 5: One is Entitled to More Assets If They Didn’t Cause the Breakup
The ‘No Fault’ divorce system is followed by the Australian Family Law, which doesn’t consider who was responsible for the breakup and instead focuses only on dissolving the marriage on terms agreeable to both parties to lead a comfortable life. There are rare circumstances where this may be considered. This argument is relevant if one of the partners caused voluntary destruction and damages to property or assets, leading to the termination. If one has been dealing with such situations, it is best to consult divorce lawyers in Sydney who can assist them with the right course of action to follow.
There are various myths and misconceptions surrounding divorce settlements, and it’s only natural for most people untrained in this matter to get confused by them. Therefore, they should always consult divorce lawyers in Sydney to help them better understand the situations they may be facing. These lawyers have all the expertise and knowledge required to handle these situations better and can guide people through the entire process.