There are many myths about the laws that govern divorce in Australia. A lot of television shows, such as Boston suitable will have many viewers believing that divorce is a complicated and daunting process. However the majority of divorces never get it to court and only about 5% actually have a contemplate that makes the final decision. The majority of divorce claims advance a mutual agreement between the two parties before entering the courtroom.
The assistance of a lawyer will rush up the process and will guide you through any complications along the plot. A superb divorce lawyer can acknowledge all questions relating to your divorce claim, including child custody, courtroom affairs and division of assets and property. In most cases your lawyer will be able to near a settlement with the other party without standing before a deem.
Equal Child Custody
The conception that children will receive equal custody by both parents is not honest and neither is the idea that mother? s receive more custody. There are a few legislations that area equal child custody however these legislations are not mandatory. The truth is child custody is decided by 3 factors; firstly the child? s age and their ability to settle which parent is in their best interest.
Secondly, the safety of the venue the child will be residing, including the home, contents and the surrounding plot. Lastly is the practicality of the way, including the distance from school and other facilities the child requires. Another chronicle surrounding child custody is that there is a high abuse rate. The abuse rate is actually higher in intact families as opposed to separated families where both parents have custody.
Half All Assets and Property
Again only 5% of divorce claims choose property and assets before a mediate, as the majority of claims are settled outside of court. Even when settling before a deem, the chance of receiving equal amounts is very rare. In difference to what many people bear, the earning capacity of each spouse is not the basis for the division of property and assets. Rather home duties are weighed together and the home maker will in most cases receive up to 70%.
For example the father may be more employable than the mother; however the mother has more home caring skills and will most likely raze up with a larger settlement. There are cases where the main home carer will not receive the majority of property and assets, and that is when assets exceed an exceptional amount, such as property over one million dollars.
The Jury Decides
Nearly all matters concerning family law will not have a jury and will only have a consider. Divorce claims are held in family or federal courts, where only a reflect, registrar or magistrate is exhibit. The only exception is criminal acts, which are not treated as family law and are handled differently.
The majority of simple answers surrounding divorce law are myths, because they cannot be explained briefly. If you are serious about a divorce claim, then you should consult a professional family divorce lawyer. The best procedure is to jump online and Google family lawyers in your position.