Divorce here or Australia?

Reply
Page 4 of 4 FirstFirst 1 2 3 4
  1. #31

    Join Date
    Jun 2006
    Posts
    833
    Quote Originally Posted by discobay:
    Is it taken that the children will live with the mother? He will not be happy to hear all your (helpful) comments on how little he will have left.
    Posted via Mobile Device
    Sadly it is usually the view taken by family courts in Anglo-Saxon countries. However, no reason to say both parties cannot agree to shared custody. The Courts in general will sign-off most agreements reached by Consent (provided legal-advise has been taken). Problems start when one party does not agree and contests the issue. That's when the Court makes decisions. Family Courts (in matters relating to children) act in secrecy. Decisions or the decision making process is not made public and the default position is that the mother usually (but not always) wins custody.

    I am sure Fathers For Justice has a branch in Sydney so your friend can work it out for himself what is likely to happen. Your mate is going to get the hiding of his life.

    Hull and I have been there and I would recommend your mate talks to other guys who have been through it before he starts wasting money on lawyers. In a word - mediate - don't litigate.

  2. #32

    Join Date
    Oct 2007
    Posts
    1,770
    Quote Originally Posted by discobay:
    Wow this is quite an insight into the depressing world of divorce. I'm warming to all those anti-wife jokes now.
    I wouldn't just blame it on the wives. My parents split when I was a teenager, rather peacefully. And though it put my dad under considerable financial pressure, it still is a fact that at the time of my birth my mum earned on par with him. At the time of the divorce there was neither a chance for her to get back into that career nor to ever earn as much as my dad did.

  3. #33

    Join Date
    Jun 2006
    Posts
    833
    Quote Originally Posted by er2:
    I wouldn't just blame it on the wives. My parents split when I was a teenager, rather peacefully. And though it put my dad under considerable financial pressure, it still is a fact that at the time of my birth my mum earned on par with him. At the time of the divorce there was neither a chance for her to get back into that career nor to ever earn as much as my dad did.
    I think the problem in the UK (which is the most wife-friendly divorce jurisdiction in the world and a bit of a trend-setter) is that the divorce laws were last reformed in the 70s when many women did not work and Britains social welfare laws were not as generous. Add to that the fact that judges in Britain can be very 'creative' when it comes to awarding setlements and some big money cases which set precedents (Parlour, Miller, McFarlane etc) and the fact that matrimonial lawyers earn some of the highest fees it is easy to see why it has become big business and one of the great redistribution channels of wealth.

    The easy availability of legal aid does not help as it gives non or low earning spouses effectively an open cheque book to litigate or at least threaten litigation to obtain a better settlement.

    Family Law is discriminatory when it comes to custody of children and although the law rightly has teeth when it comes to forcing absent fathers to support their children it fails miserably when it comes to compelling mothers to give contact with children to the absent father even when undertakings made in a Court order are being blatantly breached.

    Personally, I'd like to see divorce being taken out of the hands of the Courts and lawyers (you don't need either to get married) and dealt with by fixed-fee mediators with only the most contested cases handled by lawyers.

    The whole system needs overhauling. The problem is that the people who will 'lose out' form half of the electorate...

Reply
Page 4 of 4 FirstFirst 1 2 3 4