Busting Some Myths Related To Family Law and Family Matters

Posted by Andrew Lope
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Mar 5, 2021
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The family lawyers have a number of responsibilities to take care of like representing you in the court of law. This is their primary responsibility, followed by several others like helping in settlement of the families, partners, counselling them on aftermaths of their decisions, etc. One more very important responsibility is there that is of keeping their clients well-informed and this is possible only when, there are no myths prevailing in their minds. The fact is that there are several myths that people think are there, but they are actually not and here in this post, we have covered some of them.

Mothers Always Get Custody

This myth is associated with partners taking a divorce from each other and often people think that the child custody would be won by the mother. However, this is not the fact and according to experts, family matters; this decision is taken keeping a number of conditions in mind. The first is of course, the age of the kid, followed by the financial status and then, the court also assesses what is the best for the child. 

To some extent, this is true that most of the times, the mother of the kid wins it, but not because of the orders of the court, but because of mediation, counselling and guidance offered by family lawyers. So this cannot be said at all that mothers win the custody, as they often get it because they came to an agreement with their partners on this.

All Family Cases Go To Court

According to the experts, family matters of all kinds don’t see the face of the court because of the mediation skills of these family lawyers. Their first attempt is to settle the issue outside using their expertise and skills in mediating, guiding, counselling, reconciliation and so on. Even then, if both parties refuse to come to a conclusion, only in that case, they have just one option, i.e. of taking the matter before the court of law. 

However, this is a rare case, because both parties realise that settlement outside the court is a less expensive option that has lesser hassles as well. Hence, they both agree to compromise on certain terms and conditions, while compromising on their demands as well to ensure this the case and the headache related to the same gets over as early as possible. Experts of property matters add to this by saying that a court is generally used as a last resort, if the parties are unable to come to an agreement.

Divorce = 50/50 Split 

One of the most common misconceptions related to divorce is that this step means the division of assets in exactly, the half. However, family lawyers say that the division of assets depends on a number of factors and done after considering the following points.

The current and future needs of both parties
The financial contributions made by either party during the relationship
The non-financial contributions made by either party during the relationship
The length of relationship 

If all these factors are considered really seriously, there is a very rare chance of each partner getting 50% of the couple’s assets.

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