For decades, Australian family law has become a greater focus for citizens and government officials alike because of its impact on the quality of living for Australian households. While the law itself has many different facets that one must be even more well-aware of, the family sector has become especially crucial because of the constant changes taking place.
Each year, the efforts of Australian legislators to protect as many at-risk family members as possible have resulted in significant changes and updates to pre-existing regulations. Fortunately, these revisions and amendments have afforded more households with a greater level of security and rights that make it much easier for family members to protect themselves.
The main problem with Australian family law
If you’ve found yourself struggling with a difficult situation at home, it is best to assume that Australia’s family laws are here to protect you. Unfortunately, this sector of governance itself can be quite difficult to understand and deal with because of the details that need to be considered. Furthermore, the lack of awareness over the concept of family law leaves many susceptible to falling for common myths and misconceptions along the way.
Debunking common Australian family law myths
Although policymakers and lawyers alike have made an effort to make Australian family law easier to understand, the problem is that misconceptions end up in the minds of many far too often. In turn, these myths have caused those in need of proper protection and legal action to make crucial mistakes that worsened their situations over time.
To help ensure that you don’t end up making mistakes that can put you in a troublesome situation, we will debunk some of the most common myths in family law:
1. “I need to get a divorce before settling with my ex-spouse.”
Often, Australian couples that seek to call it quits end up delaying themselves from seeking further legal action because they believe that they must finalise their divorce before a settlement.
Based on the current guidelines set by Australia’s family law, it is possible to start negotiating for a financial settlement upon separation instead of waiting for a “go-signal” in the form of a legally certified divorce. It is worth noting that you will be required to finalise your property settlement within the 12 months after your divorce settlement because of the pre-existing time limits found in Australian regulations.
2. “It isn’t possible to get a prenuptial agreement in Australia.”
Contrary to popular belief, prenuptial agreements—also known as “prenups”—are not legal rights only available in America and other participating countries, but they can also be used in Australian family law.
Through the Binding Financial Agreements (BFAs), spouses entering marriage can protect themselves with a legally recognised and enforced asset protection mechanism. BFAs have become especially vital for marriages in recent years because they record what assets and debts both spouses bring into a new relationship or marriage so that financial settlements are carried out better!
3. “I can exclude my assets from a divorce settlement by putting them in someone else’s name.”
For many years, most Australians entered marriages with the idea of transferring much of their assets to someone else’s name to protect them from losing a settlement. However, the problem with this is that The Family Courts have exercised much more scrutiny and deem attempts to transfer ownership in such a manner as an attempt to defeat a claim!
If you want to learn more about the various misconceptions of Family Law in Australia and how you can best protect your rights using them, the experts at Springfield Legals have got you covered!
Dealing with the general concept of Australian law may be confusing because of all the legal technicalities that need to be considered. Fortunately, being mindful of the misconceptions mentioned above will allow you to understand the family law concept better so that you can enjoy your legal rights to the fullest!
At Springfield Legals, we take immense pride in upholding the tenets and foundation of family protection as some of the best family law lawyers in Ipswich. If you have a legal concern that you’d like to take care of in the best way possible, get in touch with us by scheduling an appointment at your earliest convenience today!