The Family Law Act 1975 established the principles of no-fault divorce under Australian law. When granting a divorce the court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together.
The Commonwealth Parliament has passed the Federal Circuit and Family Court of Australia Act 2020 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020, in February 2021 and it awaits Royal Assent. The new Acts create one court, that is an amalgamated Federal Circuit and Family Court of Australia …
Merger of the Federal Circuit Court of Australia and Family Court of Australia Read More »
The Family Law Act 1975 (Cth) is the is the main law on matters involving divorce, property settlement after marriage breakdown or de facto relationship breakdown, spouse maintenance for a party to a marriage, de facto partner maintenance for a party to a de facto relationship that has broken down and issues relating to parenting …
The duty of disclosure requires all parties to provide the court and each other party all information relevant to an issue in the case. This includes information and documents that the other parties may not know about. Parties can request that certain documents be exempt from disclosure on the basis of privilege or relevance to the dispute.
Property – Contempt – Husband sentenced to 12 months imprisonment for breach of property order by redrawing money from a line of credit facility and failing to discharge mortgage In Parrish & Gallejo (No.2) [2018] FCCA 2851 (3 August 2018) Judge Jarrett heard a contempt application brought by the wife against the husband who had been ordered …
In this article we answer the question: Who ordinarily has parental responsibility for a child?
Introduction Most people will understand the terms “child custody” and “contact”, yet in the family law, these are outdated terms. The terminology changed as a result of changes to the legislative framework brought about by the Family Law Amendment (Shared Parental Responsibility) Act 2006 that came into operation on 1 July 2006. The old terminology …
The Family Court has developed a trial process aimed at minimising the negative impact that an adversarial trial can have on the parties involved, especially the children. The Family Court takes a less adversarial approach to trials in child-related proceedings. This means a trial in a child-related proceeding. Is focused on the children and their …
Child support The child support scheme aims to ensure that children receive an appropriate level of financial support from parents who are separated. The Department of Human Services (DHS) delivers the scheme and provides services to parents and carers. DHS assists parents to apply for a child support assessment and facilitates the collection and transfer …
Emotionally, psychologically, socially divorce can be very difficult indeed. Add the hot button topics of children, finances and property to the mix and it is no wonder that divorce is probably one of the most challenging life events to ever be involved with. So no it is not easy, but from the legal point of …
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When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act 1975 but it differs from other types of property because it is held in a trust. Superannuation splitting laws allow superannuation to be divided when a relationship breaks down. This is …
