The concept of family law comes into play due to the existence of familial bonds and disputes. With a prenuptial agreement or court marriages, it marks the start of relationships. On the flip side, there are cases of divorce and annulment. There are many family law specialists Melbourne who can help people at this tough time. With the help of expert lawyers, you can overcome all the issues and have a smooth separation.
Dealing with divorces
Divorce cases have several facets. Since the family is the foundation of a person’s mental strength and emotional health, the first step is always taken towards reconciliation. But the nature of separation is not always peaceful and mutually agreed upon. Some family lawyers take the cases of victims of domestic violence, and some may also lead the cases of adoption, guardianship, child abuse, etc. The family law specialists Melbourne have a vast experience in the different aspects of issues related to family law. Similarly, the property settlements lawyers Melbourne are specialised in family law property settlements.
Since this deals with a basic civil structure that affects the everyday life of a citizen, people unconsciously have certain beliefs regarding the same. Below are addressed some commonly prevalent misconceptions about family law.
1. Everything should be split into half.
This is perhaps the most commonly accepted myth. The contribution of each spouse is different in terms of emotional involvement, time investment and finances and so it would be incorrect to split the property into equal halves without any consideration and thought.
The court takes into account the following before making a division of property:
- The financial contributions made by each party for the acquisition of property
- The contributions made by each party as a parent and homemaker
- Any non-financial contributions made by either party
- The future needs of both parties
Property settlement lawyers Melbourne take you through the implications related to property division cases and help determine your position. They work to ensure that you get the best out of a case and do not get intimidated by all the legal jargon.
2. The co-habitant can exercise the same rights as a spouse.
This reflects the belief that the live-in partner has the same rights as the wife in legal matters. Since marriage is the accepted legal union in the society, the former notion does not stand. For example, it is not possible to have a share or claim for a share in the other partner’s pension.
But this does not mean that the partners are not liable for any financial obligations to the other. Since both the partners invest a lot into a relationship emotionally as well as financially, several countries acknowledge the prevalence of common-law marriages and have certain provisions that safeguard the interests of both the parties. Family law specialists Melbourne have the required knowledge and experience to help the people at this time.
As the time period of a relationship increases, each person gets involved with a deeper commitment, and a break-up could be nasty and traumatic. For clearer arrangements and minimal dispute, family lawyers recommend cohabiting couples to draw up a particular agreement that shall define the rights and responsibilities of them towards each other during and after the relationship.
3. The cheating spouse is entitled to less.
Australia is a “no-fault divorce” jurisdiction. Moral issues such as infidelity do not contribute to tipping the balances in favour of the other party. The matter of property distribution and child custody are decided by taking into consideration practical facts and reasons. The decision is not affected by problematic moral grounds of a partner unless those manifest themselves in ways which make the partner unfit for the child’s mental health.
Property settlement, child custody and child support decisions are therefore made without taking into account the reason of conflict between the partners unless it is of a dangerous and violent nature. Make sure you consult your family law specialists Melbourne so that you do not make a decision that you will regret later.
4. The courts favour the mother in custody cases.
Since mothers are the primary caregivers to the child, it is often believed that they have the principal right over the child. But the court considers the best interests of the child and chooses the parent who can provide a safe environment financially as well as emotionally and cater to the normal development of the child.
It is also thought that the child can live with whoever he/she wishes to. But this is only true when the child is of an age where he can comprehend the consequences of his decision. Younger kids are swayed by emotions very easily and can be manipulated into giving in since they do not understand the complexness and vastness of this decision at that time. While their opinion matters, it is not the sole guiding light for the final decision. To get the decision in your favour, you will need full support of your family law specialists Melbourne to take you through the process and give you the best chance in this situation.
A court impartially considers both the parents and examines their lifestyles to decide whether it is conducive to the growth of the child or not.
5. Domestic violence claims need to be supported by evidence of physical violence.
Domestic violence has many forms and is not limited to physical abuse. In addition to physical harm caused by one spouse to another, it also includes harassment and threats of violence that disturb mental peace of the mind and lead to emotional abuse. Stalking and other circumstances that may cause someone to reasonably fear for his or her safety fall under the umbrella of domestic violence and are a justified cause to seek for separation.
Choose Melbourne Family Lawyers
Family laws are a crucial tool in solving familial disputes, and the wrong choice of advocates can lead to life-altering changes. Family law specialists Melbourne are well versed in handling all kinds of issues associated with this and work to provide their clients with the best legal advice. Melbourne Family Lawyers also help in educating people about family laws and their importance and attempt to eradicate the dominant misconceptions around this field.