Question 1

What is the purpose of Section 114(1) of the Family Law Act in Australia?

Accepted Answer

Section 114(1) of the Family Law Act deals with orders for sole use and occupancy of the former matrimonial home. Its purpose is to provide guidelines for the court when deciding whether to grant an injunction to prohibit a person from living in their own home.

Question 2

Under what circumstances can an exclusion order be granted under Section 114(1)?

Accepted Answer

An exclusion order, which prohibits a person from living in their own home, can only be granted in restricted and exceptional circumstances. Mere tension in the home is unlikely to lead to an exclusion order unless there is evidence of unacceptable conduct.

Question 3

What factors does the court consider when making a decision about sole use and occupancy of the former matrimonial home?

Accepted Answer

The court considers various factors, including the means and needs of the parties, the availability and suitability of alternative accommodation, the financial circumstances of the parties, the needs and welfare of any children involved, the hardship to either party if an exclusion order is made or not made, and the conduct of one of the parties justifying an exclusion order.

Question 4

Is it necessary for the situation in the former matrimonial home to be intolerable or impossible to grant an exclusion order?

Accepted Answer

No, the court does not need to find that the situation in the former matrimonial home is intolerable or impossible. It must only be satisfied that it would not be reasonable, sensible, or practicable for both parties to continue residing on the premises together.

Question 5

Who is more likely to be granted sole use and occupancy of the former matrimonial home?

Accepted Answer

The court considers the fair, just, and reasonable outcome in all the circumstances of the case. In cases of intense marital disharmony, particularly those involving assaults by one party upon the other, the court may lean towards granting sole occupation of the home to one party. However, compelling circumstances are required to justify an exclusion order against a party who is not to blame for the breakdown of the marriage or who is less responsible for what has happened.

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Tag: Family law act 1975 Disclosure

Exploring The Family Law Act Principles under Section 114(1) in Australia

Family Law Act 1975 Australia | What’s Best Fair In Love & Law?

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