If you read the gossip sites, you will have read all about the separation of Brangelina. The couple separated in September 2015 and Angelina has filed for Divorce.
In Australia you cannot file for a Divorce until you have been separated for 12 months.
The Branglina Divorce also deals with the Divorce, Property and Children all together. This does not happen in Australia.
Given the fact that you cannot Divorce for 12 months, you can start negotiating a property settlement and parenting as soon as you are separated. All 3 issues are treated as separate and distinct from each other here in Australia. We also do not use the term ‘custody‘ in Australia. We talk about decision making (parental responsibility), time with each parent and communication with each parent.
In Australia it is more common for parents to share decisions. With property there are no rules that say that each party should get a certain percentage of the property as it is in California. In Australia we look at a range of issues such as your financial and non-financial contributions to the property that you have built together.
If you have contributed more, then you should receive more in the property settlement.
We also look at things like your age, ability to earn an income and who has care of the kids.
It is a complex task and no two cases are exactly alike. Your facts may be quite different to another case so your matter is usually unique. Therefore you should obtain advice before you agree to a settlement offer. It is quite rare to have an even split of the property.
From the gossip pages, it seems that Brad wants to share the children but Angelina wants them to herself. If the allegations of Brad’s drug use are correct then Angelina might just be successful.
If you would like more information about Divorce, Property Settlement or Children’s matters, call Ruth Single on (02) 4324 7699.