Separating from a partner is a challenging and lengthy process; this is why there are legal professionals that specialize in custody law. Custody lawyer are there to help you understand custody proceedings and mediate an acceptable outcome for you.
What you may not know is that these legal proceedings are nothing like the ones you see on the TV and in films.
Keep reading to find out some interesting facts that you may not have known about custody lawyer.
Fact 1: Separation requires proof of an irrevocable breakdown of the marriage
Something many couples are unaware of is the fact that you have to wait for a certain period of time before beginning to legally separate. Any custody lawyer in Sydney will inform you that under section 24 of the Family Law Act it states this.
In order for a couple to legally separate, they first need to prove that the relationship is completely over. Essentially, the law requires couples to show an irretrievable breakdown of the marriage.
It is important to remember, however, that this period does not have to be continuous. The couple may reconcile for up to three months without resetting the separation period. In this situation, the separation period includes the time before, and after the reconciliation.
Fact 2: Child custody is about the child and not the parents
It is important to understand that separations can be complicated, especially if children are involved. It can be very difficult for your child to deal with your separation, so the main focus is on their needs.
In order to settle a separation, it is important to come to an agreement about what is the best outcome for your children.
It is the job of a custody lawyer to find out what you wish to happen and to come to an agreement about what the best outcome is.
However, you should understand that as a parent, you have no ‘rights’ in regards to your children, only responsibilities. It is also important to note that it is a child’s right to have a meaningful relationship with both parents. This is unless there are any concerns for the child’s well-being.
Essentially, custody matters are always focused on what is best for the child, and not the rights of each parent.
Fact 3: Super is considered as ‘property of marriage’
When it comes to getting a separation, the main goal of a custody lawyer is to ensure that their client gets the best outcome. This involves the division of assets.
In 2002 the Family Court ordered that superannuation be treated as ‘property of marriage’. Essentially, this means that couples can value and split their superannuation as part of a property settlement.
However, splitting this does not convert into a cash asset. Instead, this involves the transfer of superannuation assets between the two accounts.
Although this is something that can be done, many custody lawyer prioritize immediate needs such as cash, which can be accessed immediately over long term rewards such as superannuation.
Fact 4: Separation cases rarely lead to court
Despite what you may have seen in law based TV shows and films, very few separation cases lead to court. Oftentimes custody lawyer will be able to come to an appropriate outcome without the need for this.
However, there are a few other main reasons why these cases rarely go to court:
- Legal proceedings are expensive
- Going to court can be time consuming and lengthy
- It will take longer to come to a final decision
- The Family Court prefers custody lawyer to come to a mediated outcome over a judicial one