Most of the time, the people going through a divorce case are doing it for the first time. If you’re one of them, it’s not surprising that you may not know even the most basic facts about family law Adelaide. At the same time, we’re also appalled by the sheer amount of misleading information that a lot of people are following. That’s why we’re here to correct certain misconceptions by showing you four of the most basic and essential things that you should know about family law and divorce.
Children Have Rights, Too!
Children also have their rights and parents have a responsibility to make sure their rights are met. No parent has the right to equal time with a child, regardless of how much they tend to pay for child custody and support. Instead, parents can agree to spend equal time with a child, or a court can order it if they think it’s practical and in the best interest of the child. Start with assessing what’s best for the children and work backwards from there.
Super is Included in Shared Property
Every asset and liability that you have should be included in the shared property pool, regardless of whose name they are entitled to or whether you got them before or after the legal separation. That doesn’t mean everything identified will be divided, but rather it collectively contributes to the overall value of the property pool. The best way to do this is for both parties to agree on a full picture of your property pool before you assess and decide on how to best divide it between you and your soon-to-be-ex-spouse.
The Property Should Not Necessarily Be Divided Equally
While a full 50/50 split may be appropriate in some cases, the family law Adelaide act lays out very clear details for how a property should be divided, based on needs and contributions. Make sure you fairly share your assets and liabilities and just according to the Australian family law act. Click for source and to know more about this fact.
Getting Divorced Vs. Doing a Financial Settlement
Keep in mind that getting a divorce and doing a financial settlement are two different things. To finalise your finances legally, you’ll need a binding financial agreement or orders or consent. On the other end, to formally end the marriage, you need to make an application for divorce. You’ll have a full year to discuss financial statement after the separation pulls through.
We hope that after reading this article, you now have a fuller and brighter insight as to what family law Adelaide is and how it works and differs from other legal systems. For more information about family law, you can refer to our blog page.