Family Law - Responses to problems in family relationships - Legal Consequences of separation

Question 1

The Family Law Amendment (Shared Parental Responsibility) Act 2006 amended which act?

Answer 1

The Family Law Act 1975

Question 2

What is stated under the Family Law Amendment (Shared Parental Responsibility) Act 2006?

Answer 2

Under these amendments is the presumption of equal shared responsibilty

Question 3

What does equal shared parental responsibility mean?

Answer 3

Equal shared responsibility means both parents have an equal role in making decisions about major long term issues

Question 4

No application for dissolution can be approved until?

Answer 4

The court is satisfied that there’s proper arrangements in place for the care of the children. After this had occurred the court will order a decree nisi which later becomes a decree absolute at which time the marriage legally dissolved.

Question 5

Name factors in which parental responsibility can be seized with?

Answer 5

• A court order
• An adoption
• The child’s 18th
• The childs marriage

Question 6

Why is the Family Law Amendment (Shared Parental Responsibility) Act 2006 heavily criticised for introducing the presumption of equal shared responsibility?

Answer 6

It has been criticised for exposing children to further family violence/abuse and that children aren’t given enough weight in the final decision.

Question 7

What is a Decree Nisi?

Answer 7

Family court order that is made to signal the intended termination of a marriage

Question 8

What is a Decree Absolute?

Answer 8

The final decree of the dissolution of marriage

Question 9

When does the presumption of equal shared parental responsibility not apply?

Answer 9

When there are grounds to believe that a parent has engaged in abuse/family violence.

Question 10

What does the Family Law Legislation Amendment (Family Violence and Other Measure) Act 2011 recognise?

Answer 10

This Act recognises the need to protect children from harm and aims to improve the courts response to family violence.

Question 11

What must parenting plans consider?

Answer 11

• The practicality of the child having equal time with both parents
• Cultural links are maintained
• A meaningful relationship is maintained with both parents

Question 12

What was the result of introducing the Family Law Amendment (De Facto Financial Matters and Other Measure) Act 2008?

Answer 12

The jurisdiction of the family courts were broadened to deal with financial matters arising out of a breakdown of the de facto relationship

Question 13

What does the term property include?

Answer 13

• Homes
• Bank Accounts
• Companies
• Partnerships
• Superannuation
• Household goods

Question 14

The court will only make consent orders legally binding if?

Answer 14

If the division of property is fair and equitable, however a couple in dispute can choose to have the matter heard in Family court

Question 15

When determining property allocation, the court considers?

Answer 15

• The financial contribution of each party
• The age of both parties
• Whether or not either party has primary care and control of a child
• Financial commitment of each party in supporting themselves
• Ability for either party to maintain a reasonable standard of living

Question 16

What is the courts aim in regards to the distribution of property?

Answer 16

The courts aim is to be fair as possible and to achieve an equitable outcome for both parties, taking into account their different needs and contributions.

Question 17

Why do financial agreements tend to reduce the competitive nature of divorce?

Answer 17

Because financial agreements remove the main sources of hostility which are money and property

Question 18

Are financial agreements legally binding?

Answer 18

Yes, amendments in 2000 to the Family Law Act allowed the court to acknowledge financial agreement as binding.