Myth: “We have been living together for over six months. We are Common Law Married.”.
T / F: False
Despite much belief to the contrary, the length of time you live together does not by itself determine whether a common law marriage exists. Common law marriage can be seen at any time, regardless of the amount of time you have been living together or even if you have not lived together on a full-time basis.
What is necessary for you to know though, is that the Court will only use jurisdiction to determine a spousal maintenance application if that relationship persisted for at least two years, if there is children of the relationship, if you have made important and substantial contributions to the relationship or the relationship was disclosed under a state or territory law.
Myth: “It is always split 50/50”.
An even division of property is a helpful starting point, but it is not the only primary starting point, nor is it relevant in each and every case.
Myth: “I worked and they just stayed home. I will get more”
The Court has decided that the donation of a party as a homemaker or parent is equivalent to the financial contributions of the other person.
Myth: “The Court favors Moms. I will be a weekend Dad”.
The Court's primary concern is what is in your child’s best interests.
Usually, the Mother is the primary attachment person and this is why children commonly remain in the primary custody of the Mother.
Myth: “They will take everything I have”
T/F: This is just mindset.
This "mindset" is the most challenging issue to overcome for many clients.
It isn't helpful to think that by including lawyers for the purposes of property concerns, that the other person is ‘out to get you’.
Given that you are under the jurisdiction of the Family Law Act, each person under the act has an entitlement under the law to attempt an alteration of property.
They are only exercising a right they have under law.
Myth: “They are my kids too, I get them for half of the time”.
T/F: Not always
The Court’s main concern is the best interest of your children.
Sometimes, this could mean that you share custody of your kids with your former spouse, but it is not a right you are allowed to just because you are the parent of a kid.
Myth: “They cannot take my superannuation, I worked too hard for it”
Superannuation is considered property, just like any other asset of your relationship, and can be divided. This Is Under The Law.
Contact The Bill Connor Law Firm at (803) 937-5571 if you have any other questions about Family Law.
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