MythBusters: Seven Common misconceptions about Family Law

Misconceptions about Family Law derive from media, pop culture and well-meaning friends and family, who often have outdated experiences with the Family Law system. This can lead to confusion and misguided decisions if individuals do not seek the guidance of a Family Lawyer early in their separation.

1. Children can decide where they live once they turn 12

There is no definitive age when children can dictate to the Court or their parents with who they are to live with. The Court will consider what is in the child’s best interests when determining their care arrangements. While a child’s views may be considered and conveyed to the Court through independent experts, such as family consultants or independent children’s lawyers, the Court is not bound to make orders in accordance with the child’s wishes.

2. I will only see my kids each alternate weekend

This is an outdated notion and misconception about Family Law. At Delaney Roberts we regularly advocate for and achieve parenting outcomes which are much more equitable between parents, provided of course that they are  in the children’s best interests.

4. I will automatically be entitled to 50% of the property pool

There is no assumption or starting point for an equal division of assets in property settlements. Each case is determined on its own unique circumstances and assessed in accordance with the four-step process outlined within established case law and the Family Law Act 1975.

The four-step process includes:

1. Determining the value of the assets, liabilities, superannuation and financial resources within the matrimonial pool.
2. Assessing the financial and non-financial contributions to the matrimonial pool.
3. Consideration of any specific future needs of either party.
4. As an over-arching step, whether the adjustment of property interests between the parties is just and equitable in the circumstances.

5. My pre-relationship assets, inheritance or superannuation, are all mine

Assets owned by a party prior to the relationship or acquired through inheritance are not automatically excluded from the property pool. Such assets may be considered contributions by that party and result in that party’s entitlement to the property pool being increased as a result.  Where a party has received assets from third parties, such as an inheritance, late in the relationship or after separation, that party may be entitled to retain 100% of those assets however this may mean that they are entitled to less of the remaining property pool as a result of retaining a considerable additional sum.   may

While all superannuation interests held by each party relevant and available for division between the parties, where one party has held considerably greater superannuation than the other party at the date of cohabitation, this may entitle them to a greater share of the property pool, particularly in the case of a short relationship (ie. less than five (5) years) The Court has the power to alter superannuation interests between spouses. Importantly, where one party is liable to pay a portion of their superannuation to the other party, this is placed into the other party’s superannuation account and it is not money which they automatically have access to.

7. Seeing a Family Law Solicitor means I will end up in Court

An experienced Family Lawyer will guide you through all avenues for resolution before resorting to court proceedings. While court intervention may be necessary in urgent situations, the preferred approach at Delaney Roberts Family Lawyers is to resolve disputes amicably and outside of court.

Engaging a Family Lawyer can provide crucial information regarding alternative dispute resolution avenues, empowering you to make informed decisions and often saving you time and money in the long term.

By understanding the realities of Family Law and dispelling common misconceptions, you can approach Family Law matters with enhanced clarity and confidence.

For expert guidance, consult with one of our experienced Family Lawyers who can assist you in achieving the best outcome for you and your family.