There is no denying that family breakdown is a big problem in Australia. Just consider some of the statistics: one in three marriages end in divorce, one in five children live in single-parent families, and one in four children do not see their father regularly.
The impact of this is far-reaching, and it is not just limited to the families themselves. It can lead to increased crime rates, poor educational outcomes and low levels of social mobility. Likewise, it is not just the government that is feeling the strain. Private businesses are also starting to feel the pinch, with absenteeism and employee productivity both taking a hit.
The good news is that there is help available. This may include providing financial assistance, offering counselling services or simply being there to listen. By working together, we can help to ease the burden on families who are struggling and prevent further breakups from occurring.
However, if you are already in the middle of a family breakdown, it is important to know that the Family Law Act 1975 (Cth) exists to guide you and protect you concerning the rights and responsibilities of the different family members across a wide range of situations.
In this blog post, we will provide an overview of family law in Australia. We will discuss the different aspects of family law and outline the steps you need to take when faced with family law issues.
Types of Applications Concerning Family Law Issues
Family law in Australia is governed by the Federal Family Law Act 1975 (Cth). This act sets out the laws that apply to marriage, divorce, property settlements, children’s issues and spousal maintenance. The Family Court of Australia is responsible for dealing with all family law matters. If you have a family law issue, you will need to file an application with the court and attend a hearing.
There are three types of applications that can be made to the court:
Parenting Orders
In Australia, family law covers a wide range of issues related to family relationships. One area of family law that is particularly important is parenting orders.
Parenting orders are legal agreements that set out the rights and responsibilities of parents concerning their children. They can cover issues like where the child will live, who will make decisions about the child’s welfare and how the child will spend time with each parent.
Parenting orders can be made by agreement between the parents, or they can be ordered by a court. In either case, it is important to get legal advice before agreeing to or consenting to any parenting order. This is because parenting orders are legal documents that can have significant consequences for both parents and children.
Property Orders
Property orders deal with financial matters, such as the division of property and assets. In Australia, family law property orders can be made by either agreement between the parties or by order of the court. The family law court has the power to make a wide range of orders concerning property, including orders for the sale of property, transfer of property, and division of property.
Property orders can be made in both de facto and married relationships. However, there are some restrictions on the types of orders that can be made in de facto relationships, and the court must take into account several factors when making property orders in de facto relationships. In general, however, family law property orders are made to achieve a fair and equitable outcome for both parties.
Maintenance Orders
Maintenance orders deal with spousal maintenance, which is financial support that one spouse pays to the other. In Australia, family law maintenance orders are made by a court to help ensure that financial support is provided for a dependent spouse or former spouse and/or for any children of the marriage. The main purpose of maintenance is to help meet the reasonable needs of the maintenance recipient, having regard to their lifestyle and standard of living before the relationship ends.
There are two types of family law maintenance orders in Australia:
- Spousal maintenance orders and
- Child support orders.
Spousal maintenance orders can be made in favour of a husband or wife (including a de facto partner), while child support orders can be made in favour of either parent. To be eligible for a family law maintenance order, the applicant must show that they are unable to support themselves adequately. In addition, the court must be satisfied that it is just and equitable to make an order in a particular case.
Family law maintenance orders can be made on a temporary or permanent basis and can be varied or revoked by a court at any time.
Dealing with Domestic Violence
Domestic violence is a serious issue in Australia, and family law deals with it accordingly. If you are a victim of domestic violence, you have the right to seek protection from your abuser.
The first step is to obtain a restraining order, which will prohibit your abuser from coming near you or contacting you in any way. If you have children, you can also seek an order that requires your abuser to pay child support. The court can also award you custody of your children if it determines that it is in their best interests. Finally, if you have been economically disadvantaged by domestic violence, the court can order your abuser to pay spousal support.
Key Takeaway
Family law is a branch of the legal system that deals with family-related matters and domestic relations. It can encompass a wide range of issues, including marriage, divorce, child custody and adoption.
In recent years, family law has also come to include topics, such as same-sex marriage and domestic violence. Family law can be so complex, so it is important to seek the advice of an experienced attorney if you are facing any kind of family-related legal issue. With the help of a knowledgeable lawyer, you can navigate the family law system and find the best possible resolution for your particular situation.
