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Many people share their experiences and stories from their family law matters with family and friends. This can create myths about family law. Here are a few little known facts about family law:
Know more – Divorce Lawyer
2.FIFO workers beware! – a couple may be considered ‘de facto’ even though they only physically live together for half (or less) of the year. It is commonly thought that couples must physically live together for two years before they attain de facto status. Cohabitation is one of many indicators of a de facto relationship. Other factors include whether there are children, whether the parties share their finances, how the parties present their relationship to others, and whether there is a sexual relationship.
3.Since 2002, the Family Court has treated superannuation as “property of a marriage”. This means that couples can value and split their superannuation entitlements as part of a property settlement – with exceptions – see below! Splitting superannuation does not convert it into a cash asset. Rather, super splitting orders result in a transfer of funds between the spouses’ superannuation balances. However, parties to family law property proceedings tend to prioritise their immediate needs (that is, cash that they can access now) rather than their long term interests (in the form of superannuation accessed upon retirement). Splitting superannuation is not mandatory. However, it can be a useful tool to offset the division of other property.
a. the Family Court’s preference for mediated outcomes over Judicial decisions;
b. the delay in matters being listed for Trial; and
c. the high cost of legal proceedings.
7.Before commencing Family Court proceedings about children’s issues, couples must attempt mediation. There are exemptions to this rule, but only in situations wherefamily mediationis not practical or possible due to extreme urgency, violence between the parties or a significant risk to the children’s physical or psychological welfare.
d. provide good reasons for why they were not able to finalise their property settlement within the limitation period; and
e. satisfy the Court that they would suffer financial hardship if the Court did not allow them to proceed.
If intending to marry – section 90B of the Family Law Act 1975 (Cth);
g. intending to live in a de facto relationship – section 205ZN of the Family Court Act 1997 (WA);
h. are married and not separated – section 90C of the Family Law Act 1975 (Cth);
i. are married and separated but not divorced;
j. are living in a de facto relationship and not separated – section 205ZO of the Family Court Act 1997 (WA);
k. were living in a de facto relationship and have separated – 205ZP of the Family Court Act 1997 (WA);
l. are divorced – section 90D of the Family Law Act 1975 (Cth).
This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our experienced Family lawyers Perth on Freecall 1800 609 945 or email us now.
*The information provided in this website serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.
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