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Let’s take a look at some of the most common myths in Australian Family Law
Parents have a right to joint custody of their children
Children don’t need to spend equal amounts of time with each parent legally, although the law can be unclear on the subject of “custody.” The child’s best interests matter the most. This includes their bond with each parent, their living situation, and any other special requirements.
Remember, parents have obligations, not rights.
Property settlement only begins after divorce
Only after a year of separation can you file for divorce. Therefore, we advise that you settle property issues before divorce because there are tight time restrictions that apply after.
At Melmark Law, we can help you negotiate property disputes to make sure your interests are always safeguarded.
You don’t need to support your spouse after separation
If one partner (married or not) can’t support themselves financially and the other can, the court may rule that they provide for the former. This is called “spousal maintenance.” Moreover, spousal maintenance is in addition to and is separate from any responsibilities to pay child support.
Thinking you aren’t separated until you leave your shared home
Exes can live separately “under one roof.” For instance, you can have different bedrooms, and divide domestic duties, and household costs. Many couples choose to stay together long after their marriage has broken down for many reasons, including children, finances, or convenience.
Believing all family law disputes end in court
Only 5% of separated Australian couples (married or de facto) go to trial in court, especially in parenting cases. Besides that, 95% of couples settle their disputes without going to court, which is less stressful, less expensive, and economical.
It’s important to consult with a qualified family lawyer if you have questions about family law in Australia. Reach out to us at info@xenodochial-liskov.139-99-238-150.plesk.page and one of our Family Law experts will assist you.
