Common Misconceptions About Australian Family Law

There is a wealth of information available to anyone interested in the legal system. However, how can you determine what is accurate and what is not? Whether you are seeking a divorce, challenging a will, or in the middle of a custody dispute, having the correct information and being as up-to-date as possible is essential to receiving the result that you deserve and want. Let’s take a closer look at a few of the most widespread misunderstandings regarding family law before you move towards taking legal action.

1) Child custody is always awarded to the mother. When it pertains to issues of child custody, the court does not provide preference to either of the kid’s parents. The custody decision is made after considering what is appropriate for the kid. This field of law is covered completely by lawyers that specialize in family law Brisbane

However, the majority of the time, it is agreed upon by both partners that the mother will provide more overnight childcare than the father will. This is not always something that a judge orders, but rather something that is decided upon during the mediation process. This is the route that is taken the vast majority of the time for a variety of sociological reasons, and the arrangements that are made typically mirror the roles that each person performed in the partnership previous to the breakup.

Therefore, even though many moms do tend to have more time with their children, this is often something that is agreed upon by both parents via the process of mediation and is not something that is mandated by a judge. Regarding the legal system, moms do not receive preferential treatment of any kind.

2) Every single-family dispute is heard in court. Even though it makes for a more exciting storyline in films and television shows, the majority of family law disputes are resolved outside of the courtroom. You may expect any competent attorney to advise you and your spouse to make an effort to settle the matter outside of court through mediation or negotiation. This alternative is far more financially and emotionally friendly to all of the individuals concerned. Because of this, going to court is often only done as a last resort when the parties involved are unable to reach an agreement.

Even among the cases that do make it to court, only a relatively tiny proportion actually goes to the final hearing when a judge is obliged to decide how the assets should be divided. Before reaching the stage of the final hearing, the majority of cases that are brought before the court are often handled through the processes of mediation and negotiation.

3. If the dissolution of the marriage was due to your actions, you are obligated to pay. In contrast to what you may have witnessed in the media, Australia is a no-fault nation when it comes to the division of property, the allocation of parental responsibilities, and other issues associated with divorce. When it comes to dividing the assets or deciding whom the children will live with, moral concerns, such as adultery, have no bearing whatsoever.