Family Law in Australia


Terms in this set (...)

Conditions for divorce
You and your spouse have lived separately and apart for at least 12 months,
and there is no reasonable likelihood of resuming married life.
It is possible to live together in the same residence and still be separated.
Family Law Act
Australian legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated de facto partners.
No legal document, but occurs when you decide the relationship is over and wen you communicate this to your partner even it is not a mutual decision. You may not move out but still live under the one roof.
Federal Circuit Court of Australia
The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage (i.e. divorce) under Part VI of the Family Law Act 1975.
Defacto relationships
The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.
irretrievable break down
Simply means the marriage cannot be resumed. The relationship has come to an end.
Family Law councellor
Family counselling is the name for counselling under the Family Law Act. It helps people with relationship difficulties better manage the personal or interpersonal issues to do with children and family during marriage, separation and divorce.
Property division
When people separate, they usually need to sort out how to divide their assets (property) and debts. There are various ways this can be done:
A judgment outlines the facts of the case, discusses the evidence and refers to legislation and case law upon which the judicial decision is based. Judgments record, explain and communicate judicial decisions and the legal reasoning behind the decisions. The amount of detail varies with each judgment.