Page 52 - Tropic Magazine Issue 25

TROPIC • LAW

Myth busters

FAMILY LAW
Cairns Family Law Group
highlights some common
misconceptions.

We all know someone that has been
through a separation and wants to
give you advice or share their “horror
story” with you. Often, that advice is
wrong or misleading. Every separation
is different. There is no one case fits
all. It is important if you are thinking
of separating or have separated that
you get advice from a lawyer that
specialises in family law so that you The reality is that many cases are not not formalised properly then you
can make an informed decision. 50/50. are exposing yourself to the risk of
Catherine Ross and Amalie Grima are the the other party later claiming an
Directors at Cairns Family Law Group. Myth 2: All family law disputes go to additional piece of the pie down
They have busted the top three myths in Court. the track. At Cairns Family Law
family law. Most parties do not go anywhere near a Group, much of our work is drafting
court. After parties have received advice Consent Orders or Binding Financial
Myth 1: All relationships end in a 50/50 about what the law says, most parties Agreements so that clients have peace
property division. are able to reach an agreement between of mind and the deal is sealed.” There
There is no rule or presumption that themselves or with the assistance of are many benefits of formalising an
property will be divided equally upon lawyers. Catherine says, “at Cairns Family agreement such as tax exemptions,
separation. The law says that property Law Group we have a strong focus on protection of rights and entitlements,
should be divided in a fair way. The trying to help our clients settle out of estate planning and simplicity.
factors that are applied to determine court. If Court is necessary, then most
what is fair include: of these matters will be resolved by an
• The length of the relationship; agreement well before a final hearing,
• The financial contributions of with less than 4% of matters being
each party, including what each determined by a judge after a trial.”
party had at the commencement
of the relationship or any special Myth 3: If you agree then you don’t
contributions for example an need to involve lawyers for a property
inheritance; settlement.
• The non-financial contributions of Amalie says, “it is very important
either party; and that if you reach an agreement
• The current and future needs of that it is properly formalised by a
the parties, for example each party’s Consent Order or Binding Financial MORE: cairnsfamilylawgroup.com.au
income or care of children. Agreement. If the agreement is

52 • Tropic • Issue 25