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Barnes Brinsely and Shaw |
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Barnes Brinsely and Shaw
197 Wakefield Street Adelaide SA 5000
Telephone : 08 82242300 |
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Family Law - De Facto Spousal Maintenance |
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A recent development in de facto family law has seen an expansion of the eligibility of parties in Australia to spousal maintenance. Pursuant to the Family Law Amendment (De Facto Financial Matters and other measures) Act 2008 (Cth), a person of a de facto relationship that separated on or from 1 March 2009 may be entitled to receive spousal maintenance.Spousal maintenance is predicated upon the minimisation of disparities between the earning capacities or incomes of parties in consideration of their respective circumstances and needs. Family Law - De Facto Spousal Maintenance |
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Family Law Section - Law Council of Australia |
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The Family Law Section is the largest of the Law Council's specialist Sections. Since its inception in 1985, it has developed a strong reputation as a source for innovative, constructive and informed advice in all areas of family law reform and policy development. With a national membership of more than 2300, an Executive of twelve senior family lawyers from across Australia and three staff members, it is committed to furthering the interests and objectives of family law and family lawyers for the benefit of the community.
The Family Law Section:
* Works co-operatively with elected representatives, policy makers, the courts, government agencies and numerous other bodies on a wide range of matters associated with the operation of family law;
* Recommends, and responds to initiatives concerning legislative change and procedural reforms;
* Provides extensive and affordable continuing professional development and education programs to promote the highest technical standards and awareness of developments among the national legal profession;
* Disseminates and prepare publications and other information for those working in the family law arena and for the general community; and
* Provides support for activities undertaken by the Australian Institute of Family Law Arbitrators and Mediators (AIFLAM) which maintains the regulatory list of approved family law arbitrators.
For further information visit the Family Law Section website: www.familylawsection.org.au
Read more...Family Law Section |
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Airport Watch List |
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This system is designed to prevent children whose parents are involved in Family Law proceedings being removed from Australia without the consent of the Court. Generally the system is used for matters where there is an actual fear that the child may be removed from the Commonwealth of Australia. Sections 65Y and 65Z of the FamilyLaw Act 1975 provides that a child who is subject to family law proceedings or a residence, care or contact specifying non-removal from Australia must not be removed from the Commonwealth of Australia. There is provision for an exception to these Sections under Sections 65Y (2) and 65Z (2) which provide for a child to be removed from Australia with the consent in writing (authenticated as prescribed) of each party. Approval to remove a child from Australia may also be obtained via a new court order. A party who removes or attempts to remove a child from the Commonwealth of Australia may be sentenced up to three (3) years imprisonment.
Where an order is in existence that specifically restrains the travel of a child from Australia, it will, in most instances be necessary to obtain another court order to permit travel regardless of the consent of the parents. That is unless the order restraining travel makes specific allowance for removal of the child with parental consent. Orders restraining travel are in most instances made under Part XIV of the Family Law Act, which operates independent of Sections 65Y and 65Z.
Read more...Family law kit - AFP |
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Family Law and you |
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Family Law and You is designed to provide visitors to this site who are contemplating separation or divorce with an overview of how family law works in Australia. It is not intended to provide you with legal advice.
Legal advice should be sought from a lawyer. To find a lawyer in your area who practices in Family Law click here.
The information provided applies to people who are legally married.
The law relating to people in defacto relationships, or same sex relationships, varies from State to State. For links to the various state Law Societies click here.
The Family Law Act is administered by the Family Court of Australia, the Family Court of Western Australia (for West Australian residents) and the Federal Magistrates Court.
Read more...Family Law Section |
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Resources