Families typically arrive at their initial consultation with a family lawyer with lots of questions and wanting answers quickly, saving time and costs by gathering all available information as quickly as possible.
Awareness of family law myths can also help. Such misconceptions could sway your legal decisions and add unnecessary stress.
1. All relationships end in a 50/50 property division
Many people mistakenly believe that in divorce proceedings, property settlements will automatically be divided equally; this isn’t always the case as courts take into account various factors like contributions made financially and future needs to ensure fair division.
Courts do not automatically grant children one parent over another; rather, they consider what is in their best interests and select which parent best suited to care for them.
The Court also considers the wishes of children when making decisions, though this doesn’t necessarily translate to them living with their preferred parent. If one parent is abusive or likely to harm them in any way, however, then supervised contact may be ordered instead.
Family law can be complex, so it’s wise to seek professional legal advice from a specialist. A Cairns Family Lawyer will offer the guidance and clarity you need during a separation, helping ensure a fair outcome while decreasing conflict potential.
2. All divorces are the same
Many people assume that when their marriage breaks apart, assets will always be divided 50/50. However, division of property depends on factors including contributions made and future needs; courts take into account any hidden assets as well.
Fault plays no part when dividing assets under Australian family law; nor does emotional pain caused by infidelity impact the settlement of financial matters. Australia prioritizes fairness over blame.
Children’s preferences should be taken into account when determining child custody arrangements; however, this doesn’t automatically guarantee sole custody to Mother or that Father won’t have access. Seek legal advice from an expert in children’s law so you understand your legal rights early – early clarity can save time, energy and costs later! Ultimately, parties are best off negotiating an agreed parenting arrangement on their own without going to Court.
3. Mediation is a waste of time
Family law can be an emotionally charged and complicated field of legal practice. Most people opt for mediation and collaborative law as alternatives to litigation due to its hostility, cost and delay factors; however, without sufficient preparation or large enough egos in play it could easily turn out to be time wasted.
Mediators are skilled professionals trained to direct conversations and find feasible solutions. Additionally, they have extensive experience making sure both parties understand their rights and any possible repercussions from making certain choices.
Selecting a mediator with the necessary balance of personality, experience, and persuasiveness level is vital in order to ensure an efficient and productive mediation session. Furthermore, consulting a lawyer prior and after mediation to review any proposed agreements in your best interests helps prevent unintended consequences of an agreement and keep everyone on track during proceedings.
4. Lawyers are expensive
Australian couples facing divorce, child custody and property settlement issues often make decisions that do not serve their best interests, leading to unnecessary stress and confusion.
Although divorce can incur considerable legal expenses, there are ways to minimize them. One such way is through mediation instead of court proceedings – which is less costly and often faster.
Reduce legal expenses further by hiring a Cairns family lawyer who charges a flat fee instead of hourly fees. An established family law firm should employ knowledgeable professionals who can guide you through the process and help save you money.
Although it’s common to hear urban legends regarding divorce in Australia, every case differs significantly and requires independent legal advice from an experienced Cairns family lawyer.
