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 s.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.
Defacto couples also fall under the Federal Family Law Court.
child disputes
The old “custody”and “contact” with children is a highly charged area.
The terms keep changing under changing legislation and it is now “reside with” and “time with”.
Both parents can end up with “time with” and the child may in fact not “reside” 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, but what is considered in “the best interest” of the child must prevail.
child support agency issues
The Child Support Agency was brought into existence by former Prime Minister Bob Hawk.
”No child will live in poverty”.
That began in about 1990 but has waxed and waned in its enforcement and budget.
The rules of the Child Support Agency are extremely complex and is a difficult matter to bring before a Judge in a Court.
It is often best to simply directly deal with the public servants of that department and then run your appeals with them and if need be with the Court.