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Family law in Australia is a complex area of law that deals with issues related to marriage, divorce, parenting, and property settlement. It is governed by both federal and state laws, with the Family Law Act of 1975 being the main federal legislation. The act sets out the legal framework for marriage, divorce, and parenting arrangements, and provides for the establishment of the Family Court of Australia, which has jurisdiction over family law matters. State and territory legislation also plays a role in family law matters, particularly regarding child protection and adoption. Family law matters can be complex and emotionally charged, and it is often recommended that individuals seek the advice of a qualified family lawyer when navigating the legal system.
What are the special features of Family Law in Australia?
Some special features of family law in Australia include:
·The "no-fault" principle
The Family Law Act 1975 allows for divorce on the grounds of the irretrievable breakdown of the marriage, which means that neither party needs to prove fault or blame.
·The "best interests of the child" principle
This principle is central to all decisions made about children in family law matters. The court must consider the best interests of the child when making parenting orders, including decisions about where the child will live and with whom.
·Mediation and alternative dispute resolution
Family law in Australia encourages parties to try to resolve disputes through mediation and other forms of alternative dispute resolution before resorting to court action.
·Property settlement
Family law in Australia provides for a fair division of property between separating parties, \considering factors such as the length of the marriage, the financial and non-financial contributions of each party, and the future needs of both parties.
·Child support
The Child Support Scheme is a system of child support payments set up by the Australian Government to ensure that children receive financial support from both parents.
·The role of the Family Court of Australia
The Family Court of Australia is the main court dealing with family law matters in Australia. It has the power to make orders concerning marriage, divorce, parenting, and property settlement.
·The role of the Australian Federal Police (AFP)
The AFP assists the Family Court of Australia in the enforcement of court orders made in family law matters, including the recovery of abducted children.
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This fundamental Assignment at australialawwriters.com serves as an introduction to the laws and regulations governing families and other close relationships. The written assignment help Australia will look at marriage, divorce, child custody, property division, alimony, child support, and parenthood. It will also look at alternatives to marriage, such as common law marriage, civil unions, "covenant marriage" regimes, cohabitation, singleness, and non-recognition of legal relatedness. Significant attention will be given to constitutional rights in family law at australialawwriters.com, including the right to privacy in sex, reproduction, and childrearing, the freedom to marry, and the issue of equality.