3 Things to Know about Family Law 2018-06-08T15:34:08+00:00

Family law is what is needed when times get hard for families. When a family cannot figure out serious problems cordially, they may need court intervention to step in. The law looks at both parties and decides what is best for the family moving forward. With the help of the family court and family lawyers, both parties should come to an agreement. Here are three things you should know about Australia’s family law.

  1. It is not your fault

In Australia there is something called a “no fault divorce.” It does not matter who did what. What is important is the here and now and what to do to allow both parties to move forward. This has been established since the Family Law Act of 1975. In Australia there needs to be 12 months of separation before a divorce is filed. A year allows for the breakdown of the relationship and gives sufficient time for both parties to know divorce is what they want.

  1. Make sure finances are in order

When it comes to financial cases, the court cannot make changes on property interest. Under the Family Law Act of 1975, the court must look at assets and liabilities between both parties. The court will look at both parties’ contribution to the household during the relationship. The court will look at indirect and direct financial contribution with property in gifts, property in wages and salaries, and contributions made as a parent and homemaker. When it comes to financial cases in the court it could go smoothly. But the court always encourages the parties to resolve matters outside the court.

  1. Avoiding custody battles

The Family Law Act of 1975 looks at the child’s well-being when it comes to family law disputes. The law will look at the contribution of both parties as a parent and homemaker in the child’s life. The court will look at the responsibilities of both parties when it comes to the children. When it comes to resolving disputes, Australia encourages parties to mediate without having to go to court. Both parties should make arrangements to attend mediation and agree to the terms that work for both parties.

When children are involved in a divorce, the court makes sure the parents are separated until both parties agree on a resolution. There are resources available to assist parents who are in the process of leaving or who have left the relationship. Australian family law helps resolve issues amongst family relationships. It also helps identify families who are at risk of disturbance and issues concerning family law internationally. The laws are set in place to prevent child abduction from a past relationship and to avoid kidnapping.