Marriage :: 3 Divorce Law Myths in Australia

Marriage :: 3 Divorce Law Myths in Australia
There are many myths about the laws that govern divorce in Australia. A lot of television shows,
such as Boston Legal will have many viewers believing that divorce is a complicated and daunting
process. However the majority of divorces never make it to court and only about 5% actually have a
judge that makes the final decision. The majority of divorce claims reach a mutual agreement
between the two parties before entering the courtroom.
The assistance of a lawyer will speed up the process and will guide you through any complications
along the way. A qualified divorce lawyer can answer 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 reach a settlement with the other party without standing before a judge.
Equal Child Custody
The idea that children will receive equal custody by both parents is not true and neither is the
thought that mother's receive more custody. There are a few legislations that state 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 decide 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 area. Lastly is the practicality of the arrangement, including the distance from school
and other facilities the child requires. Another myth 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 attorney in texas settle property and assets before a judge, as the
majority of claims are settled outside of court. Even when settling before a judge, the chance of
receiving equal amounts is very rare. In contrast to what many people believe, the earning capacity
of each spouse is not the basis for the division of property and assets. Rather home duties are
weighed together and immigration attorney 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 end 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 judge. Divorce
claims are held in family or federal courts, where only a Attorney Joseph Mchugh judge, registrar or
magistrate is present. The only exception is criminal acts, which joseph mchugh attorney 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 way is to jump online and Google family lawyers in your area.