Some Common Misconceptions About Family Law
Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to.
Because the area of family law is so vast, many people harbour some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not.
Let’s take a look at a few common misinterpretations when it comes to family law.
1. A Property Settlement Can Only Happen After Divorce
Going through a divorce is an extremely stressful and confusing time for many and it can be hard to think rationally and logically. Because of this, many couples don’t realise they don’t have to actually wait to get divorced before working out a property settlement.
The fact is that you can start negotiating a property settlement – assets, liabilities and so on – at any time after separation, and it’s wise to get it sorted as soon as you can. Once a certificate of divorce has been issued, then you have 12 months from that date to get the property settlement agreed to and finalised.
2. Child Custody Will Automatically Be a 50-50 Split
An even split when it comes to custody of the children sounds good in theory and fair, but circumstances don’t always allow for that to be the best outcome. A 50-50 split doesn’t necessarily work best for everyone, and the law doesn’t stipulate that this is how child custody will be granted.
When it comes to the Family Law Act, the emphasis is always on what’s best for the children. The parents’ needs and wants are secondary. Many times parents are given equal rights to decision making when it comes to the schooling, health and needs of their children, but not necessarily equal rights when it comes to which parent gets to spend the most time with the children.
It’s always best to seek legal advice on this very early on, and work towards developing a parenting agreement that works out best for everyone.
3. My Partner Is Entitled To Half My Assets
This is also a very common assumption, that upon the split of a long-term relationship or divorce, your partner is automatically due to receive half of the assets.
It’s never as simple as that, and again, seeking legal advice early will help clear all this up.
The split of assets can depend on many factors, such as:
- A prenup agreement
- Who owned what assets at the start
- Are there children in the relationship?
- The duration of the relationship
- And many other factors…
Talk To Your Local Family Law Experts
James Noble Law is the team you can count on in Brisbane for all matters pertaining to family law. Don’t try and guess your legal position or assume anything. Make an appointment to talk to us first, so you have a far better understanding of exactly where you stand when it comes to the Family Law Act and your rights.