Family Law act covers a range of issues. These include what happens about the care of children or dividing property after the end of a relationship.
The Family Law Act 1975 is the main source of Australian legislation which governs family law.
Common issues which arise in family law proceedings are:
- Making arrangements for children at the end of a relationship, which marriage and divorce.
- sorting out and dividing property after the breakdown of a marriage or a de facto relationship.
- Arranging spousal maintenance after the breakdown of a marriage or a de facto relationship.
- Arranging financial support for children.
The Law and Children
The Family Law Act applies to all children. It applies whether you were married, in a de facto relationship, and also if you were never in a formal relationship.
The Family Law Act is concerned with the rights of the children and the responsibilities of each parent in caring and providing for their children.
The Act looks to achieve what is in the best interest of the child. The law does not look to who is the party at fault in causing the relationship to break down.
The is the main focus is on what is best for the children to the relationship. Unless a court orders otherwise, the parties will continue to share parental responsibility for your children.
Both parents continue to be responsible for the care, wellbeing, and financial upkeep of their children, even where you are not in a relationship with the other parent.
It is common in family law proceedings, where a relationship has ended in an unfriendly manner, for one parent to the relationship to not want the child to maintain contact with the other parent.
It must be emphasized that children have a right to a relationship with each parent, and other significant people in their lives. The main issue is to ensure that they are safe.
Family Law and Property
The Family Law Act applies to all property owned by either of the people in a married or de facto relationship.
The Family Law Act guides how property should be divided at the end of a relationship.
When dividing property, the law looks at everything the couple owns, what they earn, and what debts they have.
The Law will divide these according to what it considers to be fair. Again, it is not about who is right or who is wrong.
It is about making arrangements for the future. It is important to note that the Law does recognize the contributions of homemakers.
If only one party to the relationship worked, this does not mean they are entitled to everything.
The family law system can be daunting and confusing.
However, with the right information and assistance, you will be more likely to make arrangements that suit you and your children.
At United Legal, we are passionate about ensuring you get a fair go. If you are struggling with a Family Law matter, come and have a chat with us.
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