This law consists of body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage. Due to the emotionally charged nature of these cases, you’re advised to retain a legal counsel.
Things you might not know about family law
After separating, couples need to wait for at least 12 months before they obtain a divorce
– Couples cannot file or even sign an application for divorce until 12 months from the day they got separated.
– This is the cooling off period that allows couples to work through their issues.
De facto couples cannot split their superannuation
– While superannuation can be split between married couples, it can’t happen with de facto couples.
– It is still treated as a financial resource where one party has higher superannuation than the other.
– This is a consideration which may effect both parties entitlements to a property settlement.
Parents do not have right to spend time with their children
– Parents have no rights in relation to their children, only responsibilities.
– Children are meant to have a meaningful relationship with both of their parents.
– Parents have the responsibility to act in the best interests of their children.
Only 5% of family court matters actually proceed to a final trial
– Many couples end up in the family court for kid’s issues or financial issues.
– Only a small proportion actually ends up proceeding to a final trial.
Before commencing family court proceedings, couples must attend mediation
– The family court requires all parties to attend mediation in relation to kid’s issues.
– There are exceptions to this rule, only if mediation is not practical.