The Cardinal Sins of Family Law Matters

When a relationship breaks down, everyone suddenly becomes a family law expert. Friends, family and the internet all offer well-meaning advice that is often wrong. Some of that advice can genuinely damage your case. Here are the mistakes to avoid, and the reasons each one tends to backfire. The stakes are real, because what you do now can shape the outcome months later. 

Mistakes with finances and evidence 

Do not try to hide assets. Almost everything now leaves a paper trail. People sometimes think it is clever to “sell” an asset to a friend below its value and buy it back after the settlement. The Family Court has wide powers and can set aside a transaction that is not genuine or that is designed to frustrate the other party’s property settlement. It can also form an unfavourable view of the party who tried it. The downside far outweighs any short-term gain. 

Do not forge documents. This should be obvious, yet it happens. In one matter, the figures did not balance and the dates did not line up with the movement of funds. A document had been altered to reflect something untrue, and it did not end well for the party responsible. Courts and the other side scrutinise financial documents closely, and anything altered tends to be found. 

Do not break the law. Do not use illicit drugs, open someone else’s mail, lie in an affidavit, or access another person’s property without consent. Full and frank disclosure is expected of both parties, so for anyone with a business, the same care applies to company records and accounts, which must be disclosed accurately and in full. 

Mistakes where children are involved 

Do not involve your children. Much of the early evidence in parenting matters is one person’s word against the other’s, and the court has limited ways to test it. Arrangements that suit neither parent can remain in place for many months while a matter works towards settlement or trial. Some parents try to “prove” a child does not want to see the other parent by recording them or having them write a letter. This tends to backfire, because it can look like one parent is turning the child against the other. If you are genuinely worried about your children’s wishes or wellbeing, raise it with your lawyer, who can advise on proper ways to put it before the court. 

Do not air your dispute on social media. Once something is online, it is there for good. It takes seconds for a screenshot to be taken, and a post venting about your former partner can end up before the court. Before you post, ask how you would feel if the judge or magistrate managing your case read it. 

Do not sweat the small stuff. It is tempting to list every grievance about the other parent. The trouble is that minor complaints about parenting style rarely carry weight, and they can bury the issues that genuinely matter. The court sees serious cases involving children at risk, so a long list of small criticisms can work against you. If you are unsure whether something is relevant, ask your lawyer. Our job is to make sure your case is well thought out and effective. 

Avoiding these mistakes keeps your matter on solid ground, and it gives your lawyer the clearest possible material to work with. As specialist family lawyers in Perth, Leach Legal gives you clear, direct advice and stays in your corner from start to finish. Book a free 15-minute consultation or call our team.