Family Law Fact Sheets
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Property Settlement
If both parties have reached an agreement as to how property will be divided, how can they be sure their agreement is binding and enforceable?
In many cases parties are able to reach agreement about a property settlement with the assistance of their legal representatives. If they do, they can make an application for consent orders which is a relatively simple and inexpensive procedure. If consent orders are made then the parties have the benefit of knowing that their agreement is binding and enforceable. There are also certain stamp duty benefits in having orders made.
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Family Law Disputes
The first day at Court
Family Law matters may be commenced in the Family Court or the Federal Magistrates Court. Both Courts resolve disputes in accordance with the Family Law Act. The procedures in the Federal Magistrates Court are simpler and the Federal Magistrates Court is appropriate for less complex matters that can be heard in two days or less.
On the first occasion you go to Court in the Federal Magistrates Court your matter will be listed before a Registrar. The Registrar may make directions about the future conduct of your matter, such as setting a date for a Conciliation Conference, or your matter may be transferred before a Federal Magistrate on that date for the Federal Magistrate to make directions, such as set a hearing date, or hear an interim application.
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Divorce
What are the grounds for divorce?
Under the Family Law Act there is only one ground for divorce, that being that the marriage has broken down beyond repair. This is established by separation of no less than 12 months. For the purpose of calculating the period of separation, you can add together periods before and after a reconciliation, provided that the reconciliation lasted for no more than three months.
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De Facto Relationships
What is a de facto relationship?
A de facto relationship is a relationship between two adult persons who live together as a couple and who are not married to one another or related to one another. They do not have to be of the opposite sex. Members of the same sex living together as a couple may be regarded as being in a de facto relationship. In order to determine whether two people are in a de facto relationship it is necessary to consider all the circumstances of their relationship including such things as:
(a) the duration of their relationship;
(b) their living arrangements;
(c) whether or not they have a sexual relationship;
(d) their financial arrangements;
(e) the way in which they own, use and acquire property;
(f) the extent to which they are committed to a shared life;
(g) the care and support of their children;
(h) the performance of household duties;
(i) the way their relationship is represented to others.
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Childrens Support
What children are covered by administrative assessment of Child Support?
An administrative assessment of child support can be made in relation to a child who:-
(a) was born on or after 1 October 1989; or
(b) has 'parents who separated on or after 1st. October 1989; or
(c) has a full brother or sister who was born on or after 1st. October 1989.
A child is not covered by administrative assessment of child support if the child:-
(a) is 18 years or over; or
(b) is married or living in a de facto relationship; or
(c) is not present in Australia, not ordinarily resident in Australia or not an Australian citizen.
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