For those new to the family law system following separation, the legal landscape can be bewildering.
In everyday life, most people are used to dealing concepts of what is “fair” to themselves or separately, what is “fair” to others.
It then comes as a surprise that there is no concept of ‘fair” in the family law system.
Fairness in parenting matters
When it comes to parenting, there is no legal concept of an outcome needing to be “fair” between parents. The only relevant legal concept is that parents, and family law courts, need to arrive at outcomes that promote a child’s best interests and to keep them safe and protected from harm.
Fairness in property matters
When it comes to property settlements, there is also no legal concept of an outcome needing to be “fair” (a subjective measure by one spouse regarding themselves or regarding the other spouse) between spouses. There is only the concept of what is “just and equitable” (an objective standard intended to incorporate society’s expectations for both spouses) now that the parties need to dissolve their financial ties having made certain contributions in the past and having certain needs in the future.
Most outcomes, whether agreed or not, usually involve both parties transitioning from one household where both parties enjoyed 100% of the children’s time and 100% of the assets, to two separate households where each party will only be enjoying a portion of the children’s time and a portion of the assets. This of course doesn’t feel as good as enjoying 100%, and it will take time to adjust to this being the “new normal”.
If you’re feeling overwhelmed by the family law system, our experienced lawyers are here to guide you. We’ll provide you with expert advice, explain your options, and help you navigate this challenging time with confidence. Call us on 07 5409 8000 or click here to book a free initial consultation.