Family law is a complicated thing, and many times, it becomes difficult to understand. Because of that, many myths keep doing the rounds. You must have heard many stories about what happens during a divorce. Since you are not a lawyer, it isn’t easy to differentiate between a myth and truth. Considering that, here you will know about the common myths to avoid. The best thing would be to speak and associate with
separation lawyers in Perth before proceeding.
- Women Are Treated Better Than Men
The most important thing is that no single specific approach in family law will satisfy the needs. The court will look for everything and then conclude.
Contribution is a magic word in family law, and the court looks at how both parties have contributed to the relationship.
It includes non-direct and direct, non-financial and financial contributions by every party. After considering all these parameters, the court will then decide how much percentage should be distributed among them.
- All Property Would Be In Husband’s Name
The court
considers all the assets both individuals have separately and jointly, even if a Trust or other company owns it. Significantly, the Court is not concerned about the ownership of the asset. Instead of that, they are trying to look at the size of the property pool. The myth is many people think that husbands will take all property. But the fact is the court decides property ownership after determining all things.
- Entitled To 50/50 Custody Of The Children
Many times, individuals cannot understand what the law says in terms of custody of the children. Many of them think that kids have to spend equal amount of time with each parent. But the court looks for what is in the best interests of the children. They will make decisions which will be for the betterment of the kids. All aspects are given equal consideration, and the best decision is taken.
- You Can Get More Asset If Your Partner Cheated On You
If your reason behind getting a divorce is your partner cheated on you, many people think that they will get more assets in this situation, but it is a myth. Even though it might seem unfair, the truth is that you can’t expect to get the major part of assets if your partner has cheated on you. The main factors in determining asset distribution in divorce matters are parenting responsibilities, expenses, financial stability of both parties, etc.
- After Separation: One Member Has To Move Out Immediately
After separating, one member has to move out of the family
home immediately. It is a myth except in some cases like violence within the family. In situations where no violence is there, separated parties can stay together under the same roof. It is not always healthy and ideal, and if you wish to move out, taking advice from the separation lawyers would be the best way.
- Mother Will Get Custody Of The Kids
No presumptions should be made regarding with whom the child is going to stay. Instead of that, it is the legal right of the child to form a meaningful relationship with both parents. It completely depends on the children what they want, and the judge will make decisions based on that.
- All Family Disputes Should Go To Court
It is completely wrong if think that you should resolve all family disputes in the court, especially parenting matters. Before applying, parents should try their best to solve the conflict between them. If they are unable to find out any solution, then they can visit a court.
- Still Living Together So Cannot Be Separated
Many couples think that they are still staying under one roof, so there is no separation. It is a myth as separation can take place even under a single roof. But of course, you have to provide proof like clear division in the household activities, sleeping in different bedrooms, paying the bills separately, etc. It is common in Australia that even after staying under the same roof, people are separated.
- Kids Have The Complete Right To Decide Regarding Whom To Stay With
The court considers the interests of the children, but they completely do not accept what they say. It also depends on several other parameters like how old they are, their maturity level, financial stability, and other specific things. All these factors will help in making a final decision.
- To Protect The Interests, Going To the Court Is The Ultimate Option
Many people think that going to the Court is the ultimate option to deal with specific circumstances. But this is not true as couples should try to solve the matter out of the court first. It will
save time and money. Visiting a court will also increase your stress, and the legal fee might be pretty high. Instead of all these things, it is better to try solving the situation outside the court.
- Getting Divorced Is Costly
It is another myth that you will often hear from people. Even some of your friends and relatives can also say this for various reasons. But this is a complete misconception, and you should never trust people who say all these things. Instead of that, speak to the lawyer who can guide you in the best possible way. Cost and expenses of the case proceedings depend on the complications involved in the case and fees charged by the lawyer. So, it is better not to make any presumptions about the cost beforehand.
- We Are Separated, So I Do Not Have To Support Her Anymore
Another myth is that couples have separated, so the husband does not need to support his wife anymore. It is wrong, and the law never allows such decisions. There is spousal maintenance under which the wife can ask for the money to lead a better life.
Instead of believing in all these things and holding preconceived notions in your life, it is better to speak with
divorce lawyers perth near you. A licensed and qualified lawyer will always provide the necessary suggestion that will be beneficial for both parties. A court will always make a decision keeping all the parameters in check. In that way, it is always better to speak with the most proficient
lawyers first and then proceed with your separation case.
