Is a Divorce Barbie on your Christmas list?

A man walks into a department store with the intention of buying his daughter a Barbie Doll for Christmas. Curious, the attendant asks, “What kind of Barbie is your daughter interested in?” The man, puzzled, inquires, “What options do you have?” The attendant responds, “Well, there's 'Hawaiian Barbie' for $15 and 'Jet Set Barbie' for $18. And then, there's 'Divorce Barbie' for $150.”

The man, clearly bemused, remarks, “But they all look the same. Why is 'Divorce Barbie' so much more expensive?” The attendant chuckles and explains,

“Well, you see, 'Divorce Barbie' comes with Ken's car, Ken's house, and most of Ken's superannuation.”

Now, that joke may not be side-splitting. But it does highlight an important point: It’s not true. The system is not against the man in the relationship.

The legal entitlements for a property settlement in a divorce are typically quite straightforward and align with fairness and community expectations.

It's usually not a surprising process. When both parties contribute according to their respective roles and abilities, their contributions tend to be fairly balanced, unless there are significant external contributions like an inheritance to consider. If one party's income is substantially lower, often due to their role as the primary caregiver and homemaker, adjustments are made in favour of the financially weaker party, though not excessively so.

The real issue with our current family law system is the abundance of anger, fear, and vindictiveness that often accompanies divorce. This negative emotional backdrop tends to lead people towards aggressive and unreasonable claims, sometimes even encouraged by their legal advisors. This approach harms not only the parties involved but also any children caught in the crossfire.

The truth, gleaned from 40 years of experience as a family lawyer, is that an aggressive stance seldom leads to success. In fact, it usually results in self-victimisation and a windfall for legal advisors.

There's a better way to navigate divorce, one that I believe most family lawyers endorse. It involves treating the process as a business and investment decision rather than a gamble. Embrace a "Conscious Uncoupling" approach marked by kindness, respect, and a focus on securing a successful future for both parties. While it can be challenging, following this program can yield positive outcomes.

Ultimately, you'll reach an agreement and enter into Consent Orders. Doing so through a quick, efficient process characterised by goodwill and cooperation is far superior to resorting to court. Courts may benefit lawyers, but they don't serve the parties well; they should be the last resort.

I understand some may be sceptical and still prefer the old, aggressive family law process. To them, I say good luck, and I'm sure their lawyers will appreciate it. But for those who seek a common-sense, practical process marked by goodwill, respect, openness, and consideration, I assure you that you're likely to come out financially better off and much happier than your more aggressive counterparts.

If Divorce Barbie (or Divorce Ken) is not on your Christmas list, and you are ready to start your Divorce journey with dignity and grace, I have available appointments for a confidential chat.