Page 58 - Tropic Magazine Issue 26

TROPIC • LAW

Get good advice

FAMILY LAW
Busting the myths of family law
with the team at Cairns Family
Law Group.

In the last edition of Tropic, we busted
the three most commonly heard myths child’s best interests. There are many is considered property and can be
of family law. As family lawyers, we factors the court will look at when divided between a couple in a property
often hear clients saying they know considering what living arrangements settlement. The superannuation
what to expect because a friend of a are best for a child. One factors is from one person is split into the
friend recently went through a divorce. the child’s right to have a meaningful other person’s superannuation
Usually, the “advice” they have received relationship with both parents. fund. The person receiving the split
is incorrect and misleading. We’ve Myth: “The person who legally owns cannot access the superannuation
debunked some more of the most the assets gets to keep it in a property until they reach retirement age (or
commonly heard misconceptions of settlement” satisfy the rules of their particular
family law. For the purposes of family law, superannuation fund). A spouse’s
the registered owner of an asset is entitlement to receive superannuation
Myth: “The mother always gets custody irrelevant. An asset of one or both of will depend on many different factors
of the children” the parties is considered property of including the contributions they made
Whether you’re a mother or father the relationship. So, if a couple own a to the relationship, the length of the
makes no difference in family law house which is registered solely in the relationship and both of the parties’
as the Family Law Act does not husband’s name, that property would future circumstances and needs.
differentiate. There is absolutely no be considered a joint asset of both. To get the facts, book an initial
legal principal that a child should live Myth: “Superannuation is not included in consultation with our family lawyers.
with or be cared for by their mothers. a property settlement”
In a parenting dispute, the Family This is a really common MORE: cairnsfamilylawgroup.com.au
Court is required to determine the misconception. Superannuation

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North continues to inspire and friendly business with enclosed play
excite with its unique approach area for children, an outdoor
to the modern health food store seating area enabling pet friendly
in Australia. Showcasing quality dining, and an upstairs eating area
organic produce from where you can relax and chill with
Australia’s farmers, niche your chums.
products from across the health The Healthy Hub has a strong
food industry, and well focus on ethical, environmentally
researched nutritionals and friendly, re-usable and sustainable
supplements. products. The zero waste section
features certified organic and
Inside our Moffat street store is insecticide free bulk goods, allowing
a fully plant based café, where for best pricing and reduced
our cooks create incredible packaging – a win-win!
meals, treats and drinks from
our organic produce, nourishing A brand new menu is up and
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nachos, gourmet burgers, home
made vegan sausage rolls, We look forward to serving you!
buffalo wing tacos, vegan hot
dogs, gluten and dairy free CONNECT WITH US 45 Moffat Street, Cairns North
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one misses out! Store open: Mon-Fri 9am-6pm, Sat 9am-3pm.
CAFÉ open Mon-Fri 9am-5pm, Sat 9am-2pm

58 • Tropic • Issue 26