Family law is a complex field that often carries misconceptions, leading to confusion and anxiety for those navigating it. At Willis & Bowring, we believe that understanding the realities of family law is crucial for anyone facing legal issues related to marriage, divorce, parenting arrangements or property settlements. Let’s debunk some common myths and clarify the truths behind family law.
Myth 1: You Don’t Need a solicitor for a Divorce
Reality: While it’s possible to obtain a Divorce Order without a solicitor, having professional legal guidance can make the process smoother and protect your rights. A Solicitor can help you understand your options, ensure proper documentation in prepared and navigate the often emotional terrain of severing your marriage. Without legal representation, you risk making decisions that may not be in your best interest or not filing correct documentation when you should such as a Response to a Divorce Application to clarify correct dates or facts which can then be relied upon in some parenting and property settlements.
Myth 2: Parenting Arrangements for children are now always equal shared care or 50/50 with both the Mother and the Father
Reality: Arrangements for children are always made in consideration of what is in the child’s best interests. Many people believe that parenting arrangements must always be split equally between parents. In reality, parenting arrangements /orders are based on the best interests of the child, taking various factors into account, such as the child’s age, needs, and the parents’ circumstances and these vary from family to family. What is appropriate in one family’s situation may not be appropriate in anothers. Courts strive to create a plan that promotes stability and well-being for the child, which may not always result in a 50/50 arrangement especially where there may have been family violence in that household.
Myth 3: A Mother Always Gets Custody of the Children
Reality: While mothers have historically been favoured in some parenting arrangements, the law emphasizes that the time spent by a parent with a child should be determined based on the child’s best interests, regardless of gender. Courts look at the relationship between each parent and the child, the stability of the home environment, and each parent’s ability to provide for the child’s needs.
Myth 4: If You Have a Will, You Don’t Need to Worry About Estate Planning
Reality: Having a Will is an essential step in Estate Planning, but it’s just one part of a comprehensive plan. Other elements, such as trusts, powers of attorney, and healthcare directives, are crucial for ensuring your wishes are honoured and your loved ones are protected. An experienced family lawyer working alongside your Estate Planning solicitor can help you create a complete estate plan that reflects your intentions at the right time. Simply separating (as distinct from obtaining a Divorce Order) from your former spouse does not invalid a Will which you may have in place.
Understanding family law is vital for anyone navigating personal legal matters. By dispelling these common myths, we hope to provide clarity and empower individuals to seek the legal guidance they need. If you have questions about family law or require assistance with your situation, don’t hesitate to reach out to our experienced team at Willis & Bowring. We’re here to help you navigate the complexities of family law with confidence.
Written by Pamela Wood.