Family Law Flashcards

Flashcards covering divorce, legal consequences of separation, dealing with domestic violence, the roles of courts and dispute resolution methods, non-government organizations, and the media.

What is the main piece of legislation governing divorce in Australia since 1975?

The Family Law Act 1975 (Cth), which provides the legal framework for divorce, parenting arrangements, and property settlements. It replaced previous laws that were based on fault and introduced the concept of no-fault divorce.

What is the sole ground for divorce under the Family Law Act 1975 (Cth)?

Irretrievable breakdown of the marriage, meaning the court must be satisfied that the relationship has broken down to the extent that there is no reasonable likelihood of reconciliation.

How long must a couple be separated before applying for divorce?

12 months. This separation can occur under one roof, provided that it is demonstrated to the court that the couple was living separately and apart during that time.

What is a decree nisi?

A Family Court order that signals the intended termination of a marriage. It is granted if the court is satisfied that the requirements for divorce have been met. The decree nisi does not dissolve the marriage, but is an indication that, unless a reason is shown, the marriage will be legally ended.

What is a decree absolute?

A final decree of the dissolution of marriage. It is issued one month and one day after the decree nisi, provided there are no outstanding matters or objections. Once the decree absolute is granted, the parties are legally free to remarry.

What are some key considerations when deciding children's residence and contact arrangements?

The best interests of the child are paramount. This includes factors such as the child's wishes (depending on their age and maturity), the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, and each parent's ability to provide for the child's needs.

What is the purpose of the Family Law Act 1975 regarding divorce?

To encourage friendly resolutions to problems. The Act promotes amicable solutions through counselling, mediation, and other dispute resolution methods, aiming to reduce the adversarial nature of divorce proceedings.

What is the aim of parenting arrangements after separation?

To act in the best interests of the child, ensuring their safety, well-being, and development. Parenting arrangements should facilitate a meaningful relationship with both parents, unless there are safety concerns.

What is a parenting plan?

A voluntary written agreement between parents about parenting arrangements for their child, dealing with issues such as residence, contact, education, and healthcare. While not legally binding, parenting plans can be used as evidence in court proceedings.

What is a consent order?

A formal agreement that parents apply to the court for approval regarding parenting arrangements. Once approved, consent orders are legally binding and enforceable by the court.

What are the three tiers of enforcement for parenting orders under the Family Law Amendment Act 2000 (Cth)?

Educative (attending a parenting seminar), Remedial (compensating the other party for costs incurred due to non-compliance), and Punitive (fines or imprisonment for serious breaches of the order).

What is parental responsibility?

The allocation of responsibilities after a divorce, which generally includes making decisions about the child's education, health, and general welfare. The Family Law Act presumes that both parents have equal shared parental responsibility, unless it is not in the best interests of the child.

What considerations are primarily used when courts determine parenting decisions under the Family Law Act 1975 (Cth)?

The best interests of the child, with primary consideration given to the benefit of having a meaningful relationship with both parents and the need to protect the child from harm.

What Act governs child maintenance?

Child Support (Assessment) Act 1989 (Cth), which establishes a formula for assessing the amount of child support payable by one parent to the other.

What factors are considered when calculating child maintenance?

Each parent’s income, the number of children, the age of the children, the amount of time each parent spends with the child, and other dependent children. The Child Support Agency uses this information to calculate the amount of child support payable according to a set formula.

How does the Family Court determine the distribution of property after a divorce?

The court aims to reach a fair and equitable outcome for both parties by taking into account their differing needs and contributions, both financial and non-financial, to the marriage and the welfare of the family. This involves a four-step process: identifying the assets and liabilities of the parties, assessing the contributions of each party, considering the future needs of each party, and determining whether the proposed division is just and equitable.

What is the “two pools approach” in property division?

Allows the direct and indirect contributions each party has made to the superannuation pool to be given proper consideration, treating superannuation as a separate asset pool to be divided between the parties.

Define domestic violence.

Any act, whether verbal or physical, of a violent or abusive nature that takes place within a domestic relationship, including physical assault, sexual abuse, emotional abuse, economic abuse, and threats or intimidation.

What is an ADVO?

Apprehended Domestic Violence Order: A specific type of AVO where the people involved are related, living together or in an intimate relationship, or have previously been in this situation before. An ADVO aims to protect a person from domestic violence by prohibiting certain behaviors by the defendant.

What is the main legislation dealing with domestic and family violence in NSW?

Crimes (Domestic and Personal Violence) Act 2007 (NSW), which provides a framework for preventing and responding to domestic and family violence, including the issuing of Apprehended Violence Orders (AVOs).

What is the key objective of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)?

To ensure the safety of all people who experience or witness domestic violence and to reduce and prevent violence by providing legal remedies and support services for victims of domestic violence.

What are some of the key changes to the Family Law Act resulting from the Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011?

New definition of family violence, new definition of child abuse and protection of a child must have top priority. The amendments also require courts to consider the impact of family violence on children when making parenting orders.

What must the court do if advised of child abuse allegations?

Consider making immediate orders to protect the child and advise the necessary state protection authorities, such as the Department of Communities and Justice, to investigate the allegations and ensure the child's safety.

What is the goal of the Magellan program?

Early attention to protection for the child, and expert attentions of a specialised team of judges, registrars and family consultants in cases of serious allegations of child abuse. The Magellan program aims to expedite the resolution of these cases while prioritizing the safety and well-being of the child.

What are the key roles of Family Law Courts?

Reconciliation and compliance. Family Law Courts also play a crucial role in resolving disputes related to divorce, parenting arrangements, property settlements, and child support.

What courts deal with issues of family law?

The Federal Circuit and Family Court of Australia and the Children's Court. The Federal Circuit and Family Court of Australia deals with most family law matters, while the Children's Court deals with child protection and care matters.

What is the purpose of the Federal Circuit and Family Court of Australia?

To facilitate the just resolution of disputes according to law, as quickly, inexpensively, and efficiently as possible, ensuring that families can resolve their legal issues in a timely and cost-effective manner.

Name some dispute resolution methods.

Reconciliation counselling, Post-separation parenting programs and Mediation. These methods aim to help parties reach an agreement without the need for a court hearing.

List the benefits of family dispute resolution

A saving in money and time, the promotion of cooperation and communication and less stress or trauma than court proceedings. Family dispute resolution can also lead to