Tag: Family Law Act 1975 Australia

The relevant principles applying to financial agreements to determine the provision of independent legal advice to achieve compliance with s 90G and s90UJ of the Family Law Act. The Family Law Act 1975 (Cth) governs the binding nature of financial agreements between parties in Australia, with particular emphasis on compliance with sections 90G and 90UJ. Central to this compliance is the provision of independent legal advice, which safeguards the understanding and consent of each party. This legal advice must address...

Family law proceedings often come with financial and emotional burdens for the parties involved. A significant aspect of these cases is determining who bears the legal costs.  While the general rule is that each party pays their own legal expenses, there are circumstances where the Court may order one party to cover the other’s costs. Understanding these rules and exceptions is essential for navigating family law disputes effectively. Usually, parties who are involved in family law proceedings pay their own...

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...

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...

What is the family law act 1975? Family law act 1975 is the Laws relating to marriage and divorce and the reasons relating to marriage and with it and otherwise the financial responsibility of the parents of the children and the de-facto relationship and some other matters relating to divorce. What is the purpose of the Family law act 1975? The Family Law Act 1975 focuses on the rights of children and the responsibilities that every parent has towards their...