Tag: family law act 1975

Family law is a multifaceted and emotionally charged area of legal practice. One of the most critical and urgent aspects within this field is the issue of recovery orders. In Cairns, Queensland, as in the rest of Australia, recovery orders are a legal mechanism used to ensure the return of a child to their rightful guardian or to safeguard their welfare in cases of parental abduction or wrongful retention. This comprehensive guide delves into the intricacies of recovery orders, their...

No Need to Prove Fault for Divorce [caption id="attachment_18170" align="alignright" width="350"] No fault divorce[/caption] Despite what you may see on television shows, movies or in the media, there is no need to prove that a party to a marriage was ‘at fault’ for a relationship breakdown. It is a common misconception that if one party’s behaviour contributes to the relationship breakdown, the other spouse will receive a more favourable outcome in the property settlement or parenting arrangements. Put simply, the...

In the intricate tapestry of legal frameworks governing personal finances and estate planning, two crucial documents often stand at the forefront: Binding Financial Agreements (BFAs) and Wills. While both serve distinct purposes, their intersection can significantly impact individuals' financial security and estate distribution, particularly in Queensland, Australia. Understanding Binding Financial Agreements Binding Financial Agreements, commonly referred to as BFAs, are legal contracts entered into by parties to formalise financial arrangements, especially concerning property, spousal maintenance, and financial resources. In Queensland,...

Cairns, Queensland, known for its stunning natural beauty and vibrant cultural diversity, is home to a growing population of migrant families. As these families settle into their new lives in Australia, they often encounter unique challenges at the intersection of family law and immigration. In this blog post, we will explore the various considerations and legal aspects that migrant families in Cairns should be aware of, offering guidance and insights to help navigate these complex issues. Understanding Family Law in...

A Guide to Effective Communication and Collaboration The end of a relationship or marriage is undoubtedly a challenging time, especially when children are involved. In Australia, co-parenting after separation or divorce requires a significant amount of cooperation, understanding, and communication between former partners. While it may seem daunting, with the right approach and mindset, co-parenting can be a positive experience for both parents and children alike. In this blog post, we'll explore the essential aspects of effective co-parenting in Australia,...

Paternity Determination in Brisbane In Brisbane, Queensland, determining paternity in family law cases involves a complex process guided by the Family Law Act 1975 (Cth). Central to this process is the presumption of paternity, which can arise from various circumstances such as marriage, cohabitation, registration of birth, court findings, signed acknowledgments of paternity, and artificial conception. [caption id="attachment_17925" align="alignright" width="350"] Paternity Determination in Brisbane[/caption] However, this presumption is not absolute and can be rebutted through evidence presented on the balance...

You may wish to discontinue proceedings for a range of reasons, such as lack of financial means to continue to litigate, emotional exhaustion, a change in circumstances or opportunity to mediate. The effect of discontinuing proceedings means that you are no longer seeking some of or all of the orders previously sought. Process of discontinuance [caption id="attachment_17892" align="alignright" width="350"] Discontinuance of proceedings[/caption] To discontinue proceedings in Australia, a structured legal process is followed, governed by the Family Law Rules. If...

In the scenic coastal city of Cairns, Queensland, where lush rainforests meet the crystal-clear waters of the Coral Sea, life unfolds amidst a backdrop of natural beauty. However, even in this idyllic setting, families may encounter challenges that require legal intervention, especially in matters concerning parenting disputes. Family law disputes can be emotionally taxing and legally complex, but with the right guidance and understanding of the legal framework in Cairns, parents can navigate these challenges more effectively. Understanding Family Law...

Family law and the best interests of the child [caption id="attachment_17846" align="alignright" width="350"] family law system[/caption] Family law primarily deals with matters involving separation, parenting and property settlements. A central principal underpinning the spirit of family law is the wellbeing of each child. That is, the best interests of the child or children remain paramount in every matter dealt with by the Court. What is in the best interests of a child will depend on the temperament, desires, relationships, religion...

Navigating spousal maintenance issues can be a complex and emotional process. Our firm offers expert family law services in Cairns and have put together a comprehensive guide to help you understand how Cairns Family Lawyers and courts approach spousal maintenance matters. The Legal Framework: Federal and State Laws [caption id="attachment_17838" align="alignright" width="350"] Spousal Maintenance in Cairns[/caption] Spousal maintenance in Australia is predominantly governed by the Family Law Act 1975 (Cth), particularly Sections 72 and 75. This legislation provides the general...

What is a property settlement? In basic terms, a property settlement determines how much you and your spouse will receive after all of the assets, liabilities and superannuation are identified. The property, assets and superannuation are jointly referred to as the property pool, which is what will eventually be divided and distributed between the parties. Common misconceptions [caption id="attachment_17778" align="alignright" width="350"] Property settlement[/caption] It is a common misconception that both parties to a property settlement will receive a 50/50 split...

In the picturesque city of Cairns, nestled in the tropical beauty of Australia, understanding spousal maintenance rights is crucial for individuals navigating the complexities of family law. Governed by the Family Law Act 1975 (Cth), spousal maintenance, a legal entitlement for payment, is applicable to both marital and de facto relationships. [caption id="attachment_17739" align="alignright" width="350"] Spousal Maintenance Rights in Cairns[/caption] For married individuals, spousal maintenance can be sought during the marriage and post-divorce, up to 12 months after divorce, showcasing...

The bond between grandparents and their grandchildren is often a source of love, support, and continuity within a family. However, there are instances when grandparents find themselves facing challenges in maintaining this connection, especially during divorce or separation proceedings. In Cairns, as in many other places, understanding the legal rights of grandparents in visitation and custody cases is crucial for ensuring the well-being of both grandparents and grandchildren. Visitation Rights for Grandparents [caption id="attachment_17724" align="alignright" width="350"] Grandparents Legal Rights in...

[caption id="attachment_17000" align="alignright" width="300"] Aboriginal Child Protection[/caption] In representing Aboriginal and Torres Strait Islander children, there are clear and specific issues that the ICL must consider. Foremost of these is section 60CC of the Family Law Act 1975 that specifies that in considering the best interests of a child, the court must consider the child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that...

Family Violence and Abuse Like all practitioners, the ICL is expected to be familiar with the relevant provisions of the Family Law Act 1975, the Family Law Rules, the Family Violence Best Practice Principles of the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. The ICL must also be familiar with other relevant best practice guidelines and where relevant, the protocols between the court and state and territory departments responsible for the investigation of...

What are the Principles under Section 114(1) of the Family Law Act in Australia? The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there...

Legal Costs in family law proceedings: Overview and Legal Framework [caption id="attachment_16375" align="alignright" width="350"] Legal Costs in family law proceedings: Overview and Legal Framework[/caption] The law relating to costs in family law proceedings is well settled and set out in detail in the Full Court decision of Parke & The Estate of the Late A Parke. General Presumption and Exceptions An application for costs is governed by s 117 of the Family Law Act 1975 (Cth) (“the Act”). Section 117(1) of the Act sets out the...

Property issues in a de facto relationship Australia The Family Court of Australia has jurisdiction under the Family Law Act 1975 (Cth) (“the Act”) to determine matters relating to property as between parties who have not been married, where the parties have lived in a de facto relationship for a period of no less than two years and the relationship finally ended after 1 March 2009, the date on which the particular provisions of the Act commenced. The touchstone or foundational...

The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships. Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice.  The relevant law is detailed as follows: LEGISLATIVE PATHWAY...

Family Law Watchlist It is not uncommon for a parent to be concerned that their ex-partner is going to take the children abroad without permission. In these circumstances, an application can be made to place the children on the Family Law Watchlist. This prevents the children leaving the country without the permission of both parents or a Court Order to do so. Children may be placed on the Watchlist in the following circumstances: The Court has issued an Order limiting...