Similarly, to getting married, should you start divorce proceedings well-meaning friends and family will tell you that they know everything and anything about divorce. But the divulgence of advice and ‘facts’ about the divorce process and how it works, particularly when incorrect, can cause even more stress than the process itself.
There are many facts that we know about divorce – however these are often myths and misconceptions and no attention must be paid to them! So, let’s put the record straight.
- All assets will be divided 50/50
Many people believe that once a couple have divorced, everything will be divided equally. This is not true. There are a range of factors that will be taken into account including (but not exclusively) the respective childcare responsibilities and income of each spouse.
- Divorce can happen at any time for any reason.
Despite a challenging environment, a couple must be married for at least one year before requesting a divorce. The spouse who starts proceedings (referred to as the Petitioner) must be able to prove that the marriage has irretrievably broken-down confirming one of the following five reasons:
- Irrational behaviour
- Lived apart for more than 2 years (your husband or wife must agree in writing)
- Lived apart for at least 5 years (without agreement from both parties)
Statements such as irreconcilable differences or we’ve grown apart will not be enough to convince the Court that the couple are eligible for a divorce.
- Getting a divorce is quick and easy
We’ll be honest, divorce is not the nicest or most straight-forward process. But experienced legal representation will ensure that the process is as least stressful as possible which will make a difficult experience that little bit easier. The average time-scale of a divorce process can take a minimum of 12 weeks up to 6 months. It’s crucial to remember that the more complex the divorce, the longer the experience will be.
- Children will always live with the Mother
This is categorically untrue. The residence of the children will be determined on the circumstances of each family member, the spouses and what is considered best for them.
If you believe your marriage has irretrievably broken down or you would like to discuss the options available to you, please contact a member of our family law today for a confidential, no obligation and free initial consultation on 029 2023 7777 or click here to email us.