Things you need to know about family law in Campbelltown

Family law in Campbelltown is a serious subject no matter what the circumstances are. It is common for people to be scared and frightened in these situations due to their lack of knowledge and experience.

Even if you aren’t in a family law in Campbelltown matter at the moment you should still aim to familiarise yourself with some common knowledge to aid you if you do ever get into the situation that requires it.

Here are the things that you should be aware of when dealing with family law in Campbelltown.

Matters concerning divorce

When can you divorce?

Most people are unaware but you need to be separated from your partner for at least 12 months before you file for divorce. This applies to section 48 of the Family Law Act in Australia. The 12 month period of separation shows the court that there is an irreversible destruction of the marriage.

Also to note that the separation period doesn’t have to be a continuous amount of time. A couple is able to reconcile for up to 3 months without affecting the separation period. The total period of separation includes the amount of time before and after the reconciliation of the relationship.

What about my super?

As of 2002 family law in Campbelltown and the rest of Australia treats individuals superannuation as a property of the marriage which means it can be split amongst a couple in a settlement. There are exemptions to this ruling as the splitting of the superannuation doesn’t result in a conversion to a cash asset.

When a couple separates and their supers are split the funds are transferred amongst the super funds. Super fund splitting isn’t mandatory with separations and is a long term interest rather than immediate assets such as cash and property that people tend to opt for instead. It is mainly used as a toll to divide assets if one party isn’t getting a fair deal.

Superannuation splitting can be done for de facto couples in all states except Western Australia where the couple must’ve been married before they can split the funds. It’s important to note the facts about super splitting when conducting family law in Campbelltown.

Child custody

A big part of family law in Campbelltown and everywhere else in Australia is the custody of children. Who the child should go with has been the basis for family arguments for a long time. You may be unaware that parents have no rights when it comes to their children but rather they have responsibilities.

A child has to right to a meaningful relationship with both parents unless their safety or wellbeing is at risk. To sum it up it means that all child custody matters are done in the best interest of the child and not the preference of the parents.

What to do beforehand

Before going with family law in Campbelltown regarding children’s issues, families must attend mediation. There are exemptions to this ruing but only in circumstances where mediation is not possible due to the urgency of the matter such as violence between the parties or the physical or psychological risk to the child.

Before going into court or looking into family law in Campbelltown you must do your research. There are lots of different factors that go into decisions regarding family law in Campbelltown. Doing your own research will give you a good starting point and set you up the best for your case.