For this assignment, we will review the history and issues of Australian family law. The Australian family law system helps people resolve the legal aspects of family relationship issues, including family relationship breakdown. The Family Law Services and Support Fact Sheet has information on where to access family relationships. The law also recognizes de facto relationships in Australia. However, there are confusions about the definition of a de facto relationship. Under the Family Law Act 1975, a de facto relationship in Australia consists of two people who live together but do not want to engage in marriage. This section will also review family issues of children, disputes, and Australian divorce laws.
For more information on the history and issues of family law in Australia, visit
CHILDREN AND FAMILY LAW IN AUSTRALIA
Under Australian family law, children have a right to enjoy a meaningful relationship with both their parents. It is the responsibility of parents to protect their children from any form of harm. Family courts make decisions and orders that are in the best interests of the children. The law recognizes de facto relationships in Australia for couples who live together for two years without separation. However, if children are involved, there are exceptions to this rule. Exceptions also occur when there is a joint contribution for the property. Under Australian divorce laws, the court makes orders for the split of any superannuation, or that one party pay spousal maintenance.
Read more of children and family law in Australia at
MARRIAGE AND DIVORCE IN AUSTRALIA
The establishment of Australian divorce laws was under the Family Law Act 1975. When granting a divorce, the court does not consider why the marriage ended. The Federal Circuit Court of Australia has the jurisdiction or power to deal with the dissolution of marriage. According to the Australian family law, when couples separate, they both continue to share parental responsibility for the child. However, the court may decide to remove the parental responsibility of one or both parents. As for divorce for de facto relationships in Australia, the court allows three ways. Firstly, divorce can happen without the involvement of the court. The second is an agreement formalized by the court through an application for Consent Orders. Lastly, de facto relationships in Australia make separations by applying to the court for orders.
Read more of marriage and divorce in Australia at https://www.ag.gov.au/FamiliesAndMarriage/Families/FamilyLawSystem/Pages/default.aspx
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