Family law can be a confusing topic for many Australians. There are many misconceptions and confusions about family law, and it can be hard to know what is true and what is not.
In this blog post, we will dispel some of the most common family law misconceptions and help you understand the truth about family law in Australia.
Application of Family Laws
Family Law is Only for Married Couples
One common misconception about family law is that it is only for married couples. This is not true. Family law applies to all types of families, including same-sex couples, de facto couples and even people who are not in a relationship at all.
Family Law is Only for Divorce
Again, this is not true. Family law can cover a wide range of topics, including property settlement, child custody and domestic violence.
Divorce Issues
I Need to Move Out of the House To Get A Divorce
This is a common misconception that many people have about divorce. You do not need to move out of the house to get a divorce. You can stay in the same house during and after the divorce process if you wish.
I Need to Go to Court To Get a Divorce
You do not need to go to court to get a divorce. In fact, most divorces in Australia are settled out of court. Only a small minority of divorces end up going to court.
You Need to Have a Reason to Get a Divorce
This is not true. You do not need to have a reason to get a divorce. You can simply state that your marriage has irretrievably broken down and you do not want to continue with the marriage.
Both Partners Need to Agree to Separate Before You Can Get a Divorce
You can apply for a divorce under the 12-month-rule separation. This means that you must be separated for at least 12 months. However, by ‘separation’, this means that one person expresses to the other partner that they do not want to continue a relationship. This is when both parties choose to part ways with each other. This wish to split up may be communicated without the consent of the other. Even if you and your partner are still living under the same roof, there is now a division between you because you expressed your desire to break up.
You Can Get a Divorce Online
Many people think that you need to go to court to get a divorce. While it is always advisable to seek legal advice when going through a divorce, you can get a divorce online without going to court.
Property Settlement
You Will Get Half of Everything in a Divorce
Another common misconception about divorce is that you will automatically get half of everything in a divorce. This is not necessarily true. The division of property in a divorce is decided on a case-by-case basis, and many factors that can affect the outcome, such as who owns the property, how the property was acquired and what the needs of each spouse are.
A Property Settlement Can Only Happen After a Divorce
One of the most common misconceptions about family law is that property settlement can only happen after a divorce. This is not true! Property settlement can happen at any time, even if you are still married.
Child Support and Parenting Issues
Child Support Is Automatically 50-50
Many people believe that child support is always split 50-50 between the parents. This is not always the case. Child support is calculated using several different factors, including the income of both parents, the time each parent spends with the child and any special needs the child may have.
Child Custody Is Automatically Given to the Mother
Child custody is not automatically given to the mother. The court will make a decision about child custody based on what is in the best interests of the child.
You Cannot See Your Children if You Do Not Have Custody
Again, this is not true. Even if you do not have custody of your children, you can still see them. The court can make orders for visitation, which will allow you to spend time with your children.
You Cannot Take Your Children Out of Australia if You Do Not Have Custody
If you have joint custody of your children, you can take them out of Australia. However, if you do not have custody, you will need to get permission from the other parent or the court before taking your children out of Australia.
Domestic Violence
Domestic Violence is Only Physical
It is important to remember that domestic violence is not just physical violence. Domestic violence can be physical, but it can also be emotional, financial or sexual. If you are in a relationship where you feel like you are being controlled, belittled or intimidated, then you may be a victim of domestic violence.
Victims Provoke Domestic Violence
Victims of domestic violence do not provoke the violence. Domestic violence is always the responsibility of the perpetrator, and no one deserves to be a victim of domestic violence.
If You Leave an Abusive Relationship, You Will be Safe
Leaving an abusive relationship does not guarantee your safety. In fact, oftentimes, leaving an abusive relationship can be dangerous. If you are in an abusive relationship, consider seeking help from a professional who can assess the risks and help you create a safety plan.
You Cannot Get a Restraining Order if There Has Not Been Any Violence
This is not true. You can get a restraining order even if there has not been any violence. If you are in a situation where you feel like you are being harassed, stalked or threatened, you can apply for a restraining order.
Seeking Professional Legal Advice
You Need a Lawyer to Get a Divorce
Many people think that you need a lawyer to get a divorce. While it is always advisable to seek legal advice when going through a divorce, you do not necessarily need a lawyer to get a divorce. You can represent yourself in court, or you can use online divorce services.
Unfortunately, not consulting with a lawyer might have severe consequences. Lawyers are capable of navigating the intricacies of legislation and removing the burden of dealing with the issue as well as emotional stress. Likewise, they can negotiate a better outcome for you or a favorable result for everyone involved. While some people may be able to represent themselves in court, having a lawyer can provide you with higher quality, faster, less expensive and lower-stress resolution.
Key Takeaway
One of the most important things to remember about family law is that it is always changing. The law is constantly evolving, and new court decisions can change the way that family law works in Australia. This means that it is important to stay up-to-date with the latest information on family law so you can be sure that you are getting accurate advice.
We hope that this blog post has helped to dispel some of the most common misconceptions and help you understand the truth about family law in Australia. If you have any further questions, it is best to seek advice from a family law specialist. Thank you for reading!
