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6 Things You Might Not Know About Family Law

Family Law

As family law is so widely used in society, clients can accidentally spread common myths about family law that simply aren’t true. This article aims to set you straight with some truth-talking when it comes to family law and family lawyers in Melbourne.

Truth 1 – Waiting 12 Months Before Divorce

Breaking up is harder to do in Denmark after divorce law changes | Denmark  | The Guardian

Any family lawyers in Melbourne will be able to tell you that couples need to wait a minimum of 12 months after separating before they can file for an application for divorce. This 12-month period must demonstrate an irretrievable marriage breakdown. The period can involve reconciliations of up to 3 months before the separation period is reset. If there are reconciliations, the total time of separation will include periods before and after brief reconciliations.

Truth 2 – De Facto Definition

There’s a common myth that couples must live together for two years before they’re considered de facto. But the best family lawyers in Melbourne will be able to tell you that cohabitation is only one criterion for de facto status. Other factors that can impact this can include whether they have children if they share their finances, how they present their relationship to other people, and whether it’s a sexual relationship. Sometimes a couple could be thought of as de facto even if they live together for less than half of the year.

Truth 3 – Super is a Property of Marriage

Property Ownership Before and During Marriage, and After Separation | Lamudi

Leading family lawyers in Melbourne can tell you that since 2002, the Family Court treats superannuation as a “property of marriage”. This means that couples can split up their super entitlements as part of their property settlement. There are some exceptions to this, and splitting super does not turn it into immediate cash, either. Splitting super is not necessary, but it can be used to offset the division of other assets.

Truth 4 – No Parent Rights

Parents do not have rights in relation to their children, only responsibilities. Terms of the Family Law Act 1975 specify a child’s right to have a meaningful relationship with both parents. The only time when this is waived is when there are concerns about the safety of the child. Parenting matters are always worked at according to what is best for the child, not according to any right of a parent.

Truth 5 – Court Proceedings Unlikely

Magistrates' court proceedings - what to expect | Business Law Donut

Family lawyers in Melbourne may advise you that not many cases relating to family law will reach trial. This is because Family Court prefers mediation over trial due to delays in being listed for trial and also because of the large cost of legal proceedings.

Truth 6 – Children’s Issues Demand Mediation

Couples must attempt mediation before engaging family lawyers to pursue Family Court proceedings about children’s issues. If mediation is not possible or practical, or if there is violence or a risk to the children’s welfare, then this expectation is waived.  

To gain a more comprehensive understanding of family law, consult with suitably qualified and experienced family lawyers in Melbourne.

Why Hire a Criminal Defense Attorney

Are you charged with a crime, and you’re perplexed about your next move? It’s a great idea to hire a professional criminal defense lawyer. Consulting a defense lawyer is beneficial because you’ll navigate the legal system successfully. Being charged with a criminal offense is distressing, regardless if you’re innocent or at fault. Note that the criminal and legal procedures can be overwhelming and confusing, especially if you’re a first-timer. Criminal offense has plenty of questions from the police, paperwork to file, and evidence to gather. If there’s a minor mistake in these processes, they’ll be a higher probability of fine, sentence, and harsh charge.

There’s no need to take chances because a criminal offense is a serious offense that might ruin your future. Many individuals may think that it’s cost-effective to represent themselves in the courtroom. This isn’t the case because you’ll lose a lot of money in the long run and time. Therefore, it’s a wise deal to hire a reputable defense lawyer because you’ll have a higher chance of winning the case. A criminal defense attorney will perform an in-depth investigation in order to prove your innocence in the courtroom. There are numerous benefits to why you should consider hiring a reputable criminal defense lawyer.

1. Expertise

The right criminal defense lawyer should have a minimum of five years in this field. In addition, these professionals have an excellent reputation. An experienced defense lawyer has enough training in criminal law. Therefore, this explains why they’re competent in this field. Also, there in-depth training has allowed them to identify the blind spots that will lead to your release. Note that you’re advised to hire a professional defense lawyer because they have represented numerous clients with the same criminal case. An expert defense lawyer will analyze your case bit by bit in order to identify the right perspective to employ in the courtroom.

2. They Posses the Right Resources

Representing yourself can be a daunting task because you don’t have sufficient resources that can effectively handle your case. The right criminal defense lawyer will gather relevant evidence, look for witnesses and cross-examine them, analyze your case, and prepare a winning strategy. The best criminal defense attorney will have ways on how to obtain court resources that will help you win your case. Expert defense lawyer knows how to identify experts who’ll help you succeed in the case. In addition, their sufficient resources will help them to effectively tackle your case.

3. Time Management

Time is an essential element in a courtroom. The way you respond to various questions plays a major role in deciding your sentence or release. Therefore, it’s a great idea to invest in a professional defense lawyer who has been in this field for quite some time. Preparing a criminal case can be a tiresome and time-consuming task, especially if you have insufficient expertise in this industry. Therefore, representing yourself will waste your fruitful time because you’ll have to conduct in-depth research on how criminal cases are handled. Therefore, it’s a great idea to hire a professional criminal defense lawyer with sufficient knowledge and skills in this field. These experts will save you precious time. Therefore, you’ll have enough time to enhance production in your area of specialization. You can also spend this time performing your day-to-day activities or taking adequate care of your family.

4. Cost-Saving

The right criminal defense lawyer will help you save a lot of money in the long term. For instance, if a lawyer helps you win the case, you’ll escape the jail term and higher fines, which might consume a huge amount of your money. The best criminal attorney will catalyze the process or slow it down, depending on any foreseen challenge. It’s affordable to hire the right criminal defense lawyer because you won’t miss your working days. This means you’ll increase production in your line of business because you’ll have peace of mind. Note that the right defense lawyer will negotiate for lower fines if you’re guilty. Also, these professionals will ensure you’re paid damages if you’re cleared innocent by the court of law.

5. Protection From Hefty Penalties

In a criminal charge, the plaintiff will work extra to ensure they win this case. Therefore, it’s important to hire the best defense lawyers because you know how to identify the weak links in your case. If you’re innocent and accused of a crime, it’s so painful and distressing to receive a hefty penalty for something you’re not aware of. The criminal lawyer will help you avoid severe penalties that might ruin your reputation. If the judge finds out that you’re guilty even if deep down your heart, you know you’re innocent, then a criminal defense lawyer will play a vital role to ensure you get a fair penalty. You’ll, therefore, receive a reduced fine or sentence.

6. Enough Knowledge on the Legal System

In order to succeed in a criminal case, it’s important to understand the different parties involved, such as the judges and prosecution lawyers. Avoid Do It Yourself technique because you won’t have any idea about the plaintiff, their lawyers, or the judge. You’ll be an easy target because the prosecutor will use tactics that will lead to higher penalties or jail terms. The right criminal attorney will have interact will numerous prosecutors and judges. This will help them understand how they operate, what they dislike, and what perspective to use in order to win the case. A highly trained lawyer will plan a defense strategy that will improve your chances of winning the case.

7. Dealt With Similar Cases

An experienced criminal defense lawyer will have dealt with numerous cases through previous clients. This allows them to know the right procedure to use in order to win your case. These experts have won numerous cases that are identical to yours. Therefore, investing in these experts will help you win the case. This is the reason why a professional defense lawyer will have an excellent reputation in this industry.

8. Advice on Possible Outcomes

A professional defense lawyer will advise you on various outcomes of your case. An expert defense lawyer knows the possible penalty for your case. Therefore, they’ll help you with the best tips and employ the best techniques in order to give you peace of mind.

9. Access to Law Enforcement Conduct

Your knowledge through Facebook, Television, or media isn’t enough to help you understand how law enforcement should obtain their evidence. The best criminal defense lawyer will have adequate knowledge to identify improper procedures by law enforcement agents. This will help them identify loopholes and blind spots in your case. Therefore, the lawyer will make sure that all your rights are put into consideration when conducting their investigation to gather evidence. Improper protocols in the process will lead to the dismissal of your case.


Above-listed are benefits of hiring a reputable criminal defense lawyer.