Don’t listen to the Armchair experts on Family Law

On various internet forums where family law issues are discussed, it is interesting to see how the non-law trained persons become the instant experts in Family Law. They will know more than lawyers instantly, often citing the experience of friends or friend’s friends or media reports.

The non-expert opinions that I have heard recently are:

  • Binding Financial Agreements (BFA) are a waste of time and money because the courts just overturn them. This is not true.
  • Women get more than men in property settlements – “they come with a handbag and leave with a property” is one quote that I have heard. There is no legal basis for this.
  • The courts favour women over men.
  • A short relationship can see you (if you’re a man) lose 50% of your assets.
  • You can just transfer your property to your sister to avoid your spouse ‘taking’ it.
  • Trusts provide asset protection on divorce or relationship breakdowns.
  • You should charge your girlfriend $1 per week rent so that she cannot make a claim on your property (seen a guy who actually issued receipts to his girlfriend – not sure if she actually paid him).
  • You can only sign BFA before getting married. You can actually enter into a BFA before, during or after a relationship.
  • You are not de-facto if you maintain a separate residence – knew a guy who lived with a girl but kept his own house unrented. He told me this was to prove he lived separately from her.
  • There is a do it yourself BFA option – I have heard of persons who have written out their own agreements. These are probably worded poorly, but they will also not comply with the Family Law Act if they are not explained by a lawyer.

It seems to me that the area of family law brings out more armchair experts than any other area of law and I am not sure what, but it could be because it is an emotional area of law.

My suggestion is if you want to know about family law issues disregard absolutely everything anyone says unless they are a practicing lawyer with a family law focus.

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