Infographic: What is family law?

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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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

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