Australian family law

From Wikipedia, the free encyclopedia

Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end.

1 Laws affecting Married and De Facto couples
2 Laws affecting Children
3 See also
4 External links

[edit] Laws affecting Married and De Facto couples

Traditional family laws in Australia, such as divorce, children's orders, property division and spousal maintenance are primarily contained within the Family Law Act 1975.

However, there are numerous other laws affecting couples in marriages, marriage-like relationships and parents, including legislation in each Australian state that allows property settlements between de facto couples - in many states, including Queensland and Tasmania, this includes same-sex couples.

As of December 2006, a number of states are intending of transferring their power to make these laws to the national parliament; given that the national parliament has refused to make laws governing same-sex couples in the past, the impact these changes will have on the existing scheme is uncertain.

[edit] Laws affecting Children

The family law framework deals with parenting arrangements and ensuring the best interests of children, especially in circumstances where they are at risk or where their parents/carers are separating. Child protection is primarily dealt with on a state and territory basis, under state and territory legislation, whilst parenting arrangements are dealt with under Commonwealth legislation.

There is also a government-administered Child Support scheme, whereby parents can either reach private agreements or can be required by the Child Support Agency to make payments to the person who has primary care of the child. Since 1989 child support has been assessed under the Child Support (Assessment) Act, 1989 administered by the Child Support Agency Australia.

Australian domestic law also enshrines some of Australia's obligations under international law. Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which is dealt with in the Family Law Act 1975.