If you live in Sydney and you are dealing with legal issues relating to things like divorce and child custody, it is important to have an accurate understanding of what local solicitors do. Unfortunately, there are many misconceptions about family lawyers in Sydney and the work they’re involved in. In this article, we will dispel the four biggest myths and misconceptions about family lawyers in Sydney.
- They’re always going head-to-head in courtrooms
Thanks to movies and television, a lot of people think family lawyers in Sydney are always duking it out in courtrooms. The reality is that most solicitors and their clients try to resolve cases outside of the courtroom through negotiation and mediation. Only a very small percentage of cases go to court, and even when they do, they are far less theatrical than what popular culture would have you believe.
In New South Wales, the court system isn’t large enough for every divorcing couple to litigate, as the process would take too long. Therefore, the court system encourages family lawyers in Sydney to help their clients reach an out-of-court settlement. Not only is this cheaper, but it also saves a lot of time and stress for everyone involved.
- They get better results for mothers
Family lawyers in Sydney don’t always get better results for mothers, as the legal system is designed to be gender neutral. In fact, fathers are just as likely to get custody of their children as mothers are. The best interests of the child are always the top priority for family courts, regardless of the gender of the parent.
Despite this, there is a popular belief that men have a harder time and that the system is stacked against them. The truth is that every case is unique and that family lawyers in Sydney work hard to get the best possible outcome for their clients, regardless of gender.
One of the reasons for this misconception is that, because men are typically the primary breadwinner in most households, it is often them who end up paying spousal maintenance and child support.
- They deal with who was at fault for the divorce
Another common misconception about the work of family lawyers in Sydney is that they deal with who was at fault for the divorce. For example, you might think that a wife would work with her solicitor to obtain evidence of her husband being unfaithful, providing the divorce was triggered by him.
In Australia, we have something called ‘no-fault divorce’. This means that the court will not be biased in how the case is handled based on factors like infidelity. All the court cares about is getting a fair and equitable deal for both parties, so they don’t attempt to sue each other in the future.
- They work to split assets evenly
One of the most pervasive myths about the work of family lawyers in Sydney is that property settlements always go to a 50:50 split. While it’s true that the court tries to find a fair arrangement, this does not necessarily mean the value of the assets is split evenly.
For example, if a mother quit her job to raise children while the husband didn’t, the court assumes she has a lower earning potential (because she’s taken a break in her career). This explains why the mother may get more of the initial split of assets as a means of compensating for her lower earning potential compared to the husband.
It’s also important to remember that family lawyers in Sydney don’t just deal with the division of assets – they also handle spousal maintenance and child support. This means that, even if the initial property settlement isn’t 50:50, the outcome may still be fair for both parties.