24 May Common Family Law Myths Debunked: Setting the Record Straight
In this blog we aim to debunk some of the most persistent myths surrounding family law in Australia. At FEDOROV Family Lawyers, we believe in empowering our clients with accurate information, and what better way to do that than dispelling misconceptions that could cloud your judgement? Let’s take a look into some common myths and reveal the truths behind them.
Myth 1: “Divorce Always Ends in Court Battles.”
Truth: Many people believe that divorce inevitably leads to stressful and expensive court battles. However, this isn’t always the case. In Australia, many couples resolve their differences amicably through mediation or collaborative law. These alternatives to court can save both money and emotional distress, promoting a cooperative approach to separation.
Myth 2: “Mothers Always Get Custody of the Children.”
Truth: While historically mothers were often granted custody more frequently, the modern approach in Australian family law is gender-neutral. The Family Law Act 1975 (Cth) emphasises the child’s best interests, not the parent’s gender. Both parents are encouraged to share responsibilities and rights regarding the care of their children, with the court considering factors like the child’s relationship with each parent, their age, and their preferences.
Myth 3: “Assets are Always Split 50/50 in a Divorce.”
Truth: Asset division in divorce proceedings can be complex and doesn’t automatically result in a 50/50 split. The court examines several factors, including the duration of the marriage, contributions made by each partner (both financial and non-financial), and future needs, including care of children and earning capacity. The goal is to achieve a division that is just and equitable, not necessarily equal.
Myth 4: “Living Together is as Good as Being Married.”
Truth: Although de facto relationships are recognised within the law, and have many of the same legal rights as married couples, there are distinct differences, especially related to property division and inheritance. It’s important to legally document any cohabitation agreements to protect both parties’ interests.
Myth 5: “You Can Finalise Your Divorce as Soon as You Separate.”
Truth: There is a mandatory separation period before you can apply for a divorce in Australia. Couples must be separated for at least 12 months before the dissolution of marriage can be finalised. This period allows for any possible reconciliation or reflection on the decision to divorce.
At FEDOROV Family Lawyers, we understand that family law can be complex and emotionally taxing. That’s why we are dedicated to providing you with clear, accurate, and practical legal advice to navigate your family law issues.
If you have questions or need guidance debunking myths and managing your family law matters, don’t hesitate to contact us. Call FEDOROV Family Lawyers today at 1300 768 719 or visit our website to schedule a consultation. Let us help you move forward with confidence and clarity.