Breaking Down Common Family Law Myths!

Posted by on November 27, 2017 in Lawyers | Comments Off on Breaking Down Common Family Law Myths!

Family law is a complex field. If you found yourself wandering through it by yourself, you will be shocked to realise just how vast the field is. This is why people go to lawyers that specialise in family law – such as the best family lawyers in Werribee in Mirabellas Solicitors. They have all the experience to handle all types of family law cases and litigations.

However, before you contact them, it is essential to understand what are you heading into. You would have probably heard of a range of different scenarios, theories and more when it comes to family law. Some of it true; some of it a myth. So how do you distinguish the difference? We show you by breaking down some of the most common myths about family law in Australia…

  • Myth 1: My Partner Automatically Gets Half The Assets
    One of the most common misconceptions about divorce is that your partner is automatically entitled to half of everything.
    The Actual Fact: It Is All Up For Grabs
    That is not true whatsoever. The Family Law Act 1975 stipulates some factors that have to be considered to ensure how and what assets are distributed. This includes both marriage and de-facto relationships. It is a long list that includes everything from finances to plans.

  • Myth 2: You Have To Be Divorcing To Settle The Property 
    That couples of both marriage and de-facto relationships have to be 100% separated to get a property settlement.
    The Actual Fact: It Can Be Negotiated Beforehand
    Either party can actually negotiate a property settlement either before or after they are separated. However, you have to be separated for at least 12 months beforehand for it to happen. You will be provided with a certificate of divorce is granted by the Court, and from there, you can go ahead with the negotiations.

  • Myth 3: Child Custody Is Always 50-50 
    That both parties are entitled to 50/50 child custody, regardless of their gender roles and financial status.
    The Actual Fact: It Is What It Is Best For The Children
    While in the ideal world, children will spend equal time with their parents, that is not the case when it comes to child custody. For some families it works, for others, it does not. The reason is that the Family Law Act states that child custody is determined by whoever is best suited for providing the child with the best, healthiest and safest lifestyle. All factors are included before a decision is made.

Now you should have a firm grasp of what is real and what isn’t. All cases though are different and are approached in different ways. This is why you need a specialist in family law – just like Mirabellas Solicitors, the leading solicitor in Melbourne. Passionate about their clients and committed to the cause, they will get the best result for you! Take our word for it!