Family Law in Australia: An Overview

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Law is what bind and unbind human actions. It is the superego figure that controls the unconscious like the straps used to control horses. This is why there are several laws for several actions, aiding or condemning them. Also, there are legal institutions meant to address specific issues. This explains the birth of the Australian Family Law Act in the year 1975.

What does Australian Family Law Act Look Like? The Australian legal practitioners call the Family Law Act of 1975 – FLA. The Australian family law act is that which deal with the following issues:

  • Divorce
  • ParentsProperty
  • Separation of property
  • Financial cases that involve caring for children and financial separation between parents

The body responsible for the Family Law Act in Australia is the Family Court of Australia. Through the help of jury and assistants, the court assists Australians in addressing their complicated legal family issues happening as listed above.

The Family Court of Australia has its pronouncements concerning various legal issues:

Divorce

The court utilises the family Law 1975 Act against this. The Act provides for what is tagged “no- fault divorce.” That is the Act will not consider what causes the intention to divorce when a client picks interest in divorce and fills the form. The only verdict this gives is that marriage is irretrievably broken. The requirement of a preceding twelve months of separation that takes place before picking the form functions as a preparatory ground for living apart forever. The law does not permit reunification even after giving it a rethought. In the case of involvement of children in a relationship, the parents are to prepare good living conditions for the children before the divorce.

Parental Responsibilities

Until a child is up to eighteen, the parents must be saddled with the responsibilities of taking care of them, unless court pronounces the opposite.

Property

The court sees reaching a consensus as regards the division of the family property as the best step to take by any potential divorce.

Child Support

The court recommends that the parents sign a Child Support Agreement which is binding but which can be revoked only by unforeseen circumstances. The purpose of child support program is to avoid occasion whereby children will be left stranded after parents’ separation. The state is aware that this may lead to child labor, child trafficking or incorporation of a child into crime. Such activities undoubtedly could build threat to the society as they build criminals. The effort to avoid these is what brings about the child support program in separation and divorce. The concept is worth adopted by all countries.

Polygamous Marriage

The section of the 1975 Act concerning this, permits an Australian to practice polygamy outside Australia.

Financial Disputes

The Court does not order the abrogation of property interests, unless it is satisfied that, on all the occasions, making the order is clearly justified.

The general responsibility that a court may settle financial disputes under the Family Law Act 1975 are centered on Reviewing your assets and liabilities, that is your gains and losses.

Contributions from the parents of the two parties in the course of the marriage or relationship. They include direct financial supports to amassment, protection, or improvement of any of the property, like, wage and salary earnings and many other considerations which you can read in the link provided towards the end of this material.

Family Law Network Australia (FLNA) was basically set up to perform the function of a free information source and referral service for people who are in need of assistance with matters like separation and divorce as related to family law. To know more about Australian family law and matters you can simply visit here. We hope that this article provided by Prime Lawyers has assisted you to a satisfactory extent on the issue regarding the family matters in Australia.

A post by Kidal Delonix (2175 Posts)

Kidal Delonix is author at LeraBlog. The author's views are entirely his/her own and may not reflect the views and opinions of LeraBlog staff.
Chief editor and author at LERAblog, writing useful articles and HOW TOs on various topics. Particularly interested in topics such as Internet, advertising, SEO, web development, and business.

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