- Mothers Always Get Custody of the Children
- There is no presumption about this in the Family Law Act 1975
- The best interests of the child/ren are the paramount consideration
- Each parenting matter is considered on the personal set of circumstances relevant to each family, not based on the gender of the child or parent
- Property Is Always Split 50/50
- There is no automatic entitlement to a 50/50 split of assets
- The court considers various factors, including:
- Financial and non-financial contributions during the relationship
- Future needs of each party
- Length of the relationship
- Care arrangements for children
- De Facto Relationships Have No Legal Standing
- De facto partners have similar rights to married couples under the Family Law Act 1975
- Relationships of at least 2 years or those with children are usually covered
- De facto partners can make claims for property settlement and spouse maintenance
- Court Is the Only Option
- Contrary to popular belief, Court is not inevitable and is usually a last resort
- The Family Law Act 1975 requires and encourages parties seeking parenting or property orders to attempt dispute resolution methods such as mediation or negotiation, unless an exception applies such as urgency or risk
- Fault Affects Property Settlement
- Australia has a ‘no-fault’ divorce system
- The court focuses on practical factors rather than moral judgments
- Exceptions may apply in cases of financial misconduct or wastage of assets
Meehans Solicitors have experienced family lawyers who can help you understand these common myths. Call us today on 4627 3333.
This article was published on 04/06/25 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.