Myth #1. “In property it is always 50/50, unless there are kids”
There is no legislated starting point for property settlement. In assessing what a party may be entitled to there are a number of facts that are considered (being set out in the Family Law Act 1975).
Factors such as the length of marriage, care of the children, earning capacity and contributions before during and after the marriage are all relevant considerations.
Myth #2. “I will never get married so my property is protected”
The Family Law Act now provides almost identical property rights to married couples as de facto couples.
Myth #3. “I am divorced so my property and parenting matters are over”
Unlike certain states in America, divorces in Australia do not deal with parenting and property matters. In finalising parenting and property, you and your ex-partner need to either agree as to parenting and property matters or have a court decide. Your divorce being final may allow you to remarry however does not finally determine all matters subsequent to the breakdown of a marriage.
If you have any other questions on family law myths or want to know your rights please contact Tiyce & Lawyers today.
