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Click hereIn the event of separation, both parties are entitled to remain in the family home. Only in the event of Domestic Violence, restraining orders or AVOs (Apprehended Violence Orders) will one party be forced to remove themselves.
A divorce application can be applied for by one person or jointly. There is no 'being served' unless one party has disappeared and needs to be located so the divorce can be granted. However, if the other party is willing to pay, the Divorce Order can be granted 'in absentia'.
If there are no children, attending court is not necessary as the court will decide on the allocation of assets before a Divorce Order is granted. If there are children, court attendance is required. Custody is not solely always awarded to the mother, unlike say twenty or thirty years ago. Joint custody is also preferred so both parents have equal opportunity to raise their children.
Child support in Australia is calculated on various strands of data, including 'care percentage', 'care level', 'number of nights a fortnight', then based on how old the child is, the parents combined child support income, and how many children there are. The basic formula is that under the parents combined income, a percentage is deducted to support themselves (rent/mortgage, food, car etc), with the remaining calculated in regards to the cost of raising the child/children, divided between each parent according to their share of combined income.
Australia is an equitable distribution country, therefore, it will not always be a 50/50 split of assets.
It is always recommended to have a Binding Financial Agreement to prevent future claims against other assets, such as Superannuation (similar to 401k) and Pensions.
There are many more legal aspects, particularly around assets and child custody, but the above is just a flavour of what people can expect when wanting a divorce in Australia.
I did a lot of reading about divorce laws and child support while writing this story and it's rather interesting how it all works out. Many might claim it's unfair in certain regards, but in a Family Court, they simply try to distribute things 'fairly', and when it comes to custody and child support, it is the welfare of the child or children that is most important.
- COMMENTS
Anonymousabout 1 month agoHe acted well and in good faith, the wife screwed herself out of her marriage, good riddance.
crazymike453 months agoIt was an enjoyable story. I would have liked more info on why the first wife cheated. The cheating just seem to come out of nowhere without any reason for it. Still, I enjoyed it enough to add it to my favorites mostly because the husband was not a wimp.
