Myth 1: Anyone can apply for divorce.
Fact: In most cases, only spouses who have been married for at least 2 years may apply for divorce.
Myth 2: Cheating justifies divorce.
Fact: In “Single Petition” divorces, where one spouse applies for divorce without the other’s consent, he/she must prove a legal test, namely ‘that the marriage has irretrievably broken down‘.
Myth 3: Spouses must attend reconciliation meetings prior to divorce.
Fact: Reconciliation meetings are only necessary in ‘Single Petition’ divorces, and not in ‘Joint Petition’ divorces.
Myth 4: Assets are split 50/50 upon divorce.
Fact: Spouses can decide on how assets will be divided among them. If no agreement is reached, assets are usually divided according to the extent of each spouse’s ‘contribution’ towards the asset.
Myth 5: A spouse who did not contribute monetarily is not entitled to the asset.
Fact: Non-financial contributions such as love & care for the family, time, effort etc., are taken into account when the Court decides on asset division.
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