 Common Misconceptions about Divorce & Family Law
Misconception No. 1: Husband and wife must stay separately for more than 2 years before a divorce can be filed.
Explanation: Parties to the marriage can stay together in the same roof during the divorce process, and even after. There are no legal restriction in this regard. Separation for 2 years is only one of the four major reasons/grounds to file single petition to divorce.
Misconception No. 2: Husband and wife will be "automatically" divorced if they have stayed apart for more than 2 years.
Explanation: There's no "automatic divorce". Separation for 2 years is only one of the four major reasons/grounds to file single petition to divorce. Parties to the marriage still need to apply for divorce as usual.
Misconception No. 3: Application of divorce strictly cannot be made within 2 years of the marriage.
Explanation: Generally, divorce will not be granted within 2 years of marriage. However, there are exceptions available. You may seek independent legal advice or refer to our panel lawyers. Parties can apply for annulment even if the marriage is shorter than 2 years.
Misconception No. 4: All husband's property will be spilt into half in favour of the wife in all divorce proceeding.
Explanation: In joint petition, parties can mutually agree in any arrangement of the property. In single petition, the Judge will take into consideration the extent of financial contribution and non-financial contribution by each party before granting any order in relation to the property.
Misconception No. 5: Adultery can only be proven by photos or videos.
Explanation: Not necessary. All evidences leading to the possibility of adultery will be considered.
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