overview
Family law, a very emotional jurisdiction, has two major parts.
The first part is “the law” - children and money.
The second part to be watched and managed, is the emotional stress.
Deeply personal problems have to be addressed including the other sides’ financial and emotional position.
It is by recognising these two factors that often actually assist in concluding a matter early.
No one realises you can’t simply reach your own “property agreement” with your partner or spouse.
Under Australian law finality can only be achieved in quite formal ways - see property settlements below.
Property settlements
There is no finality to Property Settlements unless it is made by Court Order.
These Orders can be by consent, and there are forms for that, or court determination.
Also, “finality” can be achieved by a section 90 Agreement, a Binding Financial Agreement.
These are commonly referred to as prenups.
The so called “prenups” can actually be “mid-nup” and “post-nup” so the financial arrangements between the parties can actually be made at any time.
De facto couples also fall under the jurisdiction of the Federal Circuit and Family Law Court of Australia.
PARENTING DISPUTES
The old “custody” and “contact” with children is a highly charged area.
The terms continue to change under changing legislation and it is now “live with” and “spend time with”.
Both parents can end up with “spend time with” orders and the child may in fact not “live with” with any particular party.
People wanting to move to change jobs is a difficult area of “relocation cases”
Grandparents’ rights to see their grandchild, or better still have “time with” them is an often pursued “right”.
Actually, no one actually has “rights” to see the child, rather the “best interests” of the child must prevail.