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.
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