What are my rights in a divorce?

Although virtually no one goes into a marriage expecting a divorce will occur. It is an unfortunate statistic that many people will go through a divorce in our contemporary society. The major issues which seemed to dominate when a marriage is no longer working are who is to have what rights in relation to the property of the marriage and how the custody of children is to be shared. In relation to both of these issues people have a set of rights and also responsibilities. Knowing the law can ensure that your rights are not trampled on in the process of divorce.

In relation to a property settlement, the basic rights that you have our to an equitable and just settlement. Although there are a number of guidelines laid down by the law in relation to the calculation of the property settlement, all of this is ultimately subject to judicial discretion to alter the property settlement if the core beliefs that it is just and equitable to do so. However, the other considerations which come in to rights in relation to a property settlement are the assets of the relationship, the contributions of each of the parties to the relationship, and future needs of each of the parties.

In relation to the custody of children, it is perhaps not as valid to speak of a rights analysis because the court is duty bound to make parenting orders on the basis of what is in the best interests of children. In this sense the rights of parents are limited to what can be shown to be in the best interests of children. indeed, it is possible that neither parent could be awarded custody of a child if there is an application made by another adult the close relationship to a child such as a grandparent and court is satisfied that is in the best interests of the child to award custody externally from the original marriage, although it is presumed that equal shared parental responsibility is in the best interests of children.

If you believe that your rights are being violated in relation to a divorce procedure, then you should contact a lawyer to get an assessment to look or you might do going forward. lawyers are available online to respond to your enquiries now and you can chat to our lawyers online using the chat box on the top right.