When you are dealing with family law issues in Sydney there are some things that you should be aware of so that you can cut through all of the confusion and misinformation. A lot of people are going through separation for the first time which leads to a lot of confusion. However trying to do a simple Google search will result in mountains of misinformation on family law in Sydney. To cut through that we have gathered the top things that you should know when you are going through one of these situations.
Parents have responsibilities, children have rights
When it comes to children in households, parents do not have rights. In the eyes of the family law Sydney justice system, children are the ones who have rights where parents have responsibilities to their children. Regardless of what is paid in child support, neither parent has equal rights to time with a kid. The parents can come to an agreement for visitation or the court can decide if they believe it is in the best interest of the kid.
This aspect of family law in Sydney is always looking out for the best interest of the kid. You should be starting with what is best for the kid and then work back from there. Agreements can then be made from there to ensure that everyone is on the same page.
Property isn’t always split 50/50
A lot of the time many couples believe that when they separate that all property should be split 50/50. While this may be appropriate in many cases it isn’t always the case. Family law in Sydney and the world dictates that assets and property should be divided based on the needs and contributions of the individuals.
The current and future needs of both parties needs to be taken into consideration when dividing liabilities and assets. The factors that the court analyses are age, ability to earn money in the future, health and responsibilities when it comes to caretaking for any children. If one party lacks in an area they will normally be compensated when it comes to the division of assets. An example would be one person’s career allows them to earn a lot lower than the other party – they will then be compensated with a large share of assets.
Contributions is a broad term and doesn’t always relate to financial means. Renovating a property or even caring for children are also considered when it comes down to the division of assets and liabilities.
Super is classified as a shared asset
Something about family law in Sydney that has a lot of misinformation (especially if you are reading US based resources) is that your super will be categorised as a shared asset and liability. Regardless of who’s name is on it superannuation, shares in companies and even trusts are pooled together and will be split accordingly if a couple decides to divorce.
This also works both ways as debt such as credit cards will also be thrown into the pool and divided appropriately. Understanding the full extent of your asset and liability pool is very important when it comes to family law in Sydney. It ensures that both parties are treated fairly and one isn’t left with all the assets or debt.
De facto and marriage are treated equally
All of these points are applicable to de facto couples. In the eyes of the court if a de facto couple decides to split, their assets and liabilities need to be divided the same way a married couples’ would.