Ex-couples that are going through a divorce can often be a stressful journey for both parties. On top of the emotional devastation and child custody, navigating through the family court system can be confusing and unpredictable.
It doesn’t help that legal shows on pop culture, misguided Google searches, and gossip can make it tricky for parents to bust common law myths. One of the biggest misconceptions in family law involves property settlements, making it hard to know your rights.
With that in mind, the guide below should help clear your impression of legal facts between legal fiction.
Myth #1: You Can Only Discuss Property Settlements After The Divorce
Fortunately, you don’t need to stand on your toes and wait until after you settle your divorce to properly move forward with your settlement proceedings. You can get started as soon as possible, but it helps to have a lawyer specializing in this field to minimize as much conflict as possible.
They can also help you reach the best deal, making it easier to reach a faster resolution between two parties with little-to-no legal hiccups along the way.
Myth #2: Property Settlements Should Be a 50/50 Split
Marriage doesn’t necessarily mean that you owe your partner 50 percent of your assets, especially when it comes to property settlements during your divorce. Legally, you can divide the assets by having the court examine your future economic circumstances.
This involves your ability to support yourself, your children, and their age, all of which can determine your financial and parental responsibilities. This means that property settlements not only involve splitting your assets according to the needs and capabilities of both parties, but it also focuses on your reliability as a homemaker or parent.
Myth #3: The Odds are Always in Your Favour If Your Ex-Partner Cheated
It’s easy to think that the person who prompted the end of your relationship deserves less share of your assets, but the Family Law Act 1975 states that initially, there is “no-fault” in the divorce. Immoral actions will not be regarded as a heavy influence on your property settlement, though other misconducts like the destruction of property and domestic violence are the exceptions.
Cheating will also not impact the court’s decision on child custody cases, though the person in question will be closely examined to see whether their behaviour will negatively impact the child’s life in any way.
The Bottom Line: Debunking Myths and Misconceptions on Family Law
Experiencing a divorce can always feel like a messy road to take, but you don’t have to navigate the property settlement alone. Family law is a complex process that is filled with misconceptions, so having the right lawyer by your side can make all the difference in ensuring you have a smooth transition.
If you’re looking for the best divorce solicitors in Australia that specialize in family law, conveyancing, and more, our expert attorneys at Springfield Legals help get you through this tough time. Get in touch with us today and see what we can do for you to keep you on the side of the law!