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.
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[edit] Laws affecting Married and De Facto couples
Laws in Australia covering areas such as divorce, children's orders, property division and spousal maintenance are primarily dealt with in 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.
The names for de facto and similar relationships in each state and territory are as follows:
| State | Name | Law |
|---|---|---|
| New South Wales | "Domestic relationship", encompassing "de facto relationships" and "close personal relationships" | Property (Relationships) Act 1984 |
| Victoria | "Domestic relationship", defined to mean "de facto relationships" | Property Law Act 1958 Part IX |
| Queensland | "De facto relationship" | Property Law Act 1974 |
| South Australia | "Close personal relationship" | Domestic Partners Property Act 1996 |
| Western Australia | "De facto relationship" | Family Court Act 1997, Part 5A |
| Tasmania | "Personal relationship", encompassing "significant relationships" and "caring relationships" | Relationships Act 2003 |
| Australian Capital Territory | "Domestic relationship" and "domestic partnership" | Domestic Relationships Act 1994, Legislation Act 2001 s 169 |
| Northern Territory | "De facto relationship" | De Facto Relationships Act 1991 |
In December 2006, a number of states indicated an intention to transfer their power to make these laws to the Australian parliament. However, as the Australian 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 or 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 the Commonwealth Family Law Act 1975.
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.
On May 22, 2006, Australia passed amendments to its Family Law Act 1975, named the Family Law Amendment (Shared Parental Responsibility) Act 2006, which applies to any court matters involving children that were in court on or after 1 July 2006.
A stated object of this law is to ensure that the best interests of children are met by ensuring that "children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child...."[1] The primary object of this law is to ensure that the Courts always have the "best interests of the child" as the paramount consideration.
