Debunking myths about family law in Australia

Australian citizens often face a lot of dilemmas when it comes to family laws because of various myths spreading around.

If you are facing issues with child custody, you must have come across various family lawyers in Brisbane. Often well-meaning family and friends bombard incorrect information about family laws. Moreover, the internet is filled with unending information that is simply wrong. Hence, it is crucial to set the record straight.

If you are stuck in a similar situation or just want to increase your general awareness about Australia’s legal climate, read along.

Common myths about family law

As a Brisbanite, are you looking for family lawyers in Brisbane? You need to clarify specific misinterpreted laws that often create confusion among people and lead to reaching out to the wrong crowd.

The mother always gets the child’s custody

A mother does not have any entitlement to the child by default of giving birth under Australian Family Law.

The court comes to a decision based on certain conditions –

• the responsibilities of the parents in bringing up their children
• The rights of children
• Cooperation levels among the parents for the child’s welfare

If neither party can decide on a parenting plan, the court will prepare a parenting order upon application.

All family law conflicts go to Court.

If you make a genuine effort to solve the disputes, the cases can be settled outside of court through negotiation and mediation. Consequently, people save money and time. They also save a lot of emotional trauma that a court proceeding would unleash in most cases.

Further, the Family Court of Australia (FCA) can provide mediation services. An experienced lawyer can help reach an agreement and aid in making a parenting plan. If this fails, the case goes to court.

Males get peanuts after a divorce.

It is a common misconception that men receive very little in family law matters. Family lawyers say that the distribution depends on direct and indirect contributions. Further, the court considers the parties’ future earning capacity.

Often, men recover faster financially than women. This holds where the woman has to spend more time with the children and cater to their needs. So, many cases end up with women receiving more than men.

50-50 rights in the property

Australian law does not explicitly state that marital assets (real estate, bank accounts, etc.) must have an equal division between partners. The judges will consider the property value, financial and non-financial contributions to their married life, and future requirements of both parties.

Finally, they decide on what is a fair division of property among them. Moreover, in other factors, such as domestic violence, the afflicted party obtains more assets.

The famous two-year rule

One of the popular myths is that couples who have lived less than two years are not entitled to the other party’s assets. People think that unmarried couples (those in a live-in situation) do not enjoy the rights under family.

The court must still proceed with the property settlement process and consider the unique nature of the circumstances. In Australia, cases of a spouse’s property entitlement being 0% are rare.

Wrapping Up

A family dispute is in itself a draining process. If you follow the above myths and try to act on them, your settlement can take away years of your life. Further, if you are looking for family lawyers in Brisbane, look for focused attorneys who can unemotionally advocate for their clients.

This will ensure a less-wrecking trial and help resolve issues at the earliest.