Things people get wrong about divorce and family law
Soap operas, pub wisdom and Google rabbit holes have a lot to answer for. Here's what actually happens.
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Get your free plan, sign up in 30 secondsMothers always get custody
There is no legal presumption that children should live with their mother. The court looks only at the child's best interests using the welfare checklist - A list of factors the court must consider when making decisions about children. Includes the child’s wishes, physical and emotional needs, the likely effect of any change, and any harm they’re at risk of.. Many fathers retain or gain primary care, and shared arrangements are increasingly common.
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The uncomfortable truths
These are not myths. They are realities of the system that are not talked about enough.
The family court - The court that handles family cases including divorce, children arrangements, financial orders, protection orders, and adoption. Less formal than other courts: the judge usually wears a suit, not robes. can be used as a weapon. The Domestic Abuse - Any incident or pattern of controlling, coercive, threatening, or violent behaviour between people who are or have been in a relationship. Includes physical, emotional, psychological, sexual, and financial abuse. Commissioner found that repeated litigation, false allegations and weaponised child proceedings are forms of post-separation coercive control - A pattern of behaviour that seeks to take away a person’s liberty or freedom, including intimidation, isolation, monitoring, or controlling their daily life. It is a criminal offence.. 62% of private law cases involve allegations of domestic abuse.
Most people in family court do not have a lawyer. In 47% of private family law cases, neither party has legal representation. This is not by choice. Legal aid - Government funding that pays for legal help if you can’t afford it. In family law, it’s mainly available for domestic abuse cases and some child protection matters. was removed for most private family matters in 2013.
The system is slow, and getting slower. The average divorce takes 74 weeks from application to final order - The document that legally ends your marriage. Previously called a decree absolute. You’re free to remarry once this is granted.. In children cases, only 35% meet the 26-week statutory target. Over 4,000 children are in proceedings lasting 100+ weeks.
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