Domestic Violence

What To Do If You Are A Victim Of Domestic Violence

by Family Law

Domestic violence is a problem which, unfortunately, affects thousands of Australians every single year. Many cases of domestic violence go unreported and unpunished, as victims feel that they were somehow at fault, or that the perpetrator made a mistake and won’t do it again.

Unfortunately, this can be a long, slippery slope. Many people get stuck in a cycle where domestic violence becomes a part of their daily life. Although they could escape with the assistance of good family lawyers, a lot of victims don’t realise just how much help is out there for them.

The First Steps

The first, and most important thing when it comes to dealing with domestic violence is talking to someone. Find someone that you trust – a family member or a best friend – and tell them what is happening. If you don’t have anyone who you feel comfortable talking to, find a reputable family lawyer. You will be able to confide in them with confidence, and they will be able to direct you and explain what you need to do next.

Property and Financial Issues

Property and Financial Issues After Separation

by Family Law

Legal effects of separation on proprietary and financial relationships between the spouses

As a matter of fact, separation necessitates dealing with a wide spectrum of proprietary and financial issues that stem from and are related to marriage. Specifically speaking, it is usually incumbent on the spouses to handle division of their property (assets) and debts. Australian law prescribes various means by which spouses can accomplish such division. First and foremost, spouses, to the same extent as de facto partners, are entitled to come to an agreement on how the property should be divided without having any recourse to court. Second, if the spouses arrived at a mutually acceptable conclusion, they can formalise their arrangement by filing an application for a consent order in the Family Court. Third, as an alternative, if the spouses are unable to reach a consensual arrangement, they may apply to a court for a financial order, such as the order pertaining to the division of property and payment of spouses or de facto partner maintenance.

Under Australian law, both the Family Court and the Federal Circuit Court are authorised to render orders in relation to financial matters following the breakdown of eligible de facto relationships. In like manner, the aforesaid courts have jurisdiction to make similar orders in cases where the parties are married, not separated. Previously, financial disputes between former de facto partners were usually decided by state and territory courts via the application of the law of the respective state or territory. Talking about superannuation, the superannuation splitting law recognises superannuation as a different group of property. This law allows separating spouses to value their superannuation and split superannuation payments, though such procedure is not mandatory.

children’s matters

Children Related Issues Under Australian Family Law

by Family Law

The regulation of children’s matters under Australian law has become a topic of vigorous debates and legal analyses. Thus, legal experts in Australia deem it wise to focus on a federal Status of Children Act in order to improve the regulation of various issues regarding the parentage of children. Per legal experts, it has become crystal clear that Part VII of Family Law Act does not perfectly fit to providing a definition of legal parentage for the purposes of Commonwealth laws in general.

The major objective of Part VII of Family law Act is the parenting arrangements for children when there is a dispute. Though the question of who is or who are a child’s legal parents is of huge importance, in terms of the Family Law Act, the considerations involved in determining what is in a child’s best interest in parenting disputes go beyond the determination of legal parentage. In this connection, the proposed federal Status of Children Act is aimed at providing a clear, consistent and accessible statement of the legal parentage of children for the purposes of all Commonwealth laws and for all courts that exercise federal jurisdiction. It is also expected that the Act will include all the existing parentage provisions in Part VII of Family Law Act. The last but not least, the Act is expected to provide a mechanism for the family courts to transfer parentage in surrogacy agreements.