Some Common Myths of Australia's Family Law System Debunked

The Australian family law system deals with a wide variety of legal matters involving family relationships. The most common family law cases include divorce, separation, annulment, child custody and visitation rights, child support, spousal maintenance, distribution of marital property and more. 

While the general principles of family law are the same across Australia, the application of the law may vary from state to state because family law matters are handled by individual state courts. That said, there are many misconceptions about the country's family law system.

Here are some common myths of the Australian family law system debunked.

Myth #1: All Family Law Matters Must Be Resolved in Court

Contrary to common belief, family law matters mustn't be taken to court. In fact, court action should be considered as a last resort only. Australia's family law system prescribes that alternative dispute resolution methods, such as mediation, collaborative law, negotiation and conciliation, should be used in favour of litigation. 

Family relationship issues like child custody and distribution of marital assets can take a lot of time to resolve in court. Aside from having to deal with the stress of a prolonged court case, you may also end up spending a lot of money on your lawyer's professional fees. 

That's why people are encouraged to agree on outside-of-court settlements for family law matters whenever possible.

Myth #2: All Family Lawyers Are the Same

As pointed out earlier on, family law is a branch of the law that encompasses a wide range of family law matters. The law in this area is constantly being updated to meet the changing needs of Australian society. With that said, family lawyers usually need to continuously update themselves with the current legal situation in order to advise and represent their clients the best way possible. 

In most cases, family lawyers focus on specific areas of family law in order to gain experience and expertise in those areas. When you're choosing a lawyer to handle your specific family law matter, make sure they handle cases similar to yours.

Myth #3: Higher Legal Fees Mean a Better Lawyer

Another common misconception that people have when looking to hire a family lawyer is that a lawyer's higher fees are a sign of better family law services. However, there are many family lawyers out there that offer their services at reasonable and competitive rates.

Consult and compare rates from multiple law firms in your specific state and territory in order to choose the right lawyer. 

Whether you need legal counsel or legal representation in court over a family law matter, it is best to seek out a professional lawyer to handle your specific family law matter.


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