Our team at Guardian Solicitors and Conveyancers know the importance of providing our clients not only with expert advice, but also guidance during very difficult times. We will help resolve our clients' issues quickly, and as cost-effectively as possible.
Our team provides extensive advice and assistance dealing with family law services, including parenting arrangements, property and financial services, separation and divorce proceedings. We can also assist with court representation.
Our team has over 20 years in the Hills and Norwest area, and will personally assist you throughout your matter.
Top 5 Myths of Family Law Dispelled!
Often advice received from friends or relatives can often be incorrect or misleading. Every family law matter is unique, and it is important to speak with your solicitor about your own situation.
1. All relationships end in a 50/50 property division
Perhaps the most common myth, there is no set rule that parties have to divide property evenly. The division depends on various factors, including:
- the duration of the relationship
- the financial contribution of both parties
- non-financial contribution of either party
- the current and future needs of either party
In reality, an equal 50/50 separation rarely occurs.
2. Assets within a company or trust are ignored
If either party has control of a trust or company, even if they are not a directory or trustee, these are still taken into account during a property settlement.
3. The one who caused the separation pays
Unlike the United States, Australia does not have a fault jurisdiction. For instance, if one party has an affair, it has little impact on deciding the children's future welfare.
4. I am entitled to 100% of what I put in
There is no rule that ensures you will receive what you have put into the relationship financially. The courts will often consider what both parties have contributed both financially as well as non-financially, as well as both parties future needs.
5. If I agree to the property settlement, I do not need to go to court, and I don't need a lawyer
Though in the majority of cases couples are able to come to an agreement prior to going to court, there are many benefits in meeting with your lawyer to formalise an agreement. Benefits include tax exceptions, protection of rights and entitlements, estate planning and simplicity.
Should you not formalise your agreement by a Binding Financial Agreement, there may be the possibility of one party making additional claims at a later time.
5. Males 'finish second' for property settlements and shared parenting
Though traditionally males were the primary income earner, and the females the primary care giver of the children, leading the courts to make a greater financial allocation in the females favour, these days we have more and more couples with equal earning abilities, as well as contributing to parenting, leading to a more equitable financial and parenting allocation.