What Does the Family Code of Australia Cover?

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The Family Code of Australia comprises the legal principles found in the Family Law Act 1975 and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. It covers many essential aspects that affect the families’ existence and the relationships among their members. 

However, a few aspects of the Australian family code serve as the common cause of conflicts between members, forcing them to seek help, advice, and prescription from family courts. Presently, the most common of these include the following.

  • Annulment

Annulment is a significant aspect covered by the Australian family law. This legal process can be used to cancel or void a marriage. An annulment can be granted if it can be proven that the marriage was never valid in the first place or if it can be shown that one of the parties to the marriage was unable to give proper consent.

There are a few different grounds on which an annulment can be granted in Australia. Some of these grounds include:

  • If the marriage was not consummated
  • If one of the parties was under 18 years of age at the time of the marriage
  • If one of the parties was already married or in a de facto relationship at the time of the marriage
  • If the parties are closely related to each other
  • If the marriage was entered into as a result of fraud, duress or mistake

If you believe that your marriage is not valid for any of these reasons, you may be able to have the marriage annulled. However, it is important to note that an annulment is not always easy to obtain, and you will need to be able to provide evidence to support your claims to have a successful annulment.

If you are considering an annulment, it is important to seek legal advice as soon as possible. An annulment can be a complex area of law, and there are strict time limits in which you must apply for an annulment. 

A lawyer can help you understand the grounds on which you may be able to have your marriage annulled and can assist you in preparing your application.

  • Divorce

Divorce is also among the main aspects covered by Australian family law. This law provides for the dissolution of marriage, which is the legal termination of a valid marriage between two people. There are many reasons why marriages may end, but the most common reason is that the couple has grown apart and no longer wishes to be married. 

To get a divorce in Australia, you must first file a petition with the court and prove that your marriage has irretrievably broken down. Once this has been established, the court will officially grant a divorce order to dissolve your marriage. The divorce process can be complex, so it’s important to seek legal advice if you’re considering this option.

  • De Facto Couples

As one of the leading countries in the world that recognises and protects the rights of de facto couples, it is no surprise that Australia’s family law would cover this important aspect. The Family Code of Australia explicitly states that de facto couples are to be treated the same as married couples regarding property division and spousal maintenance. This means that if you are in a de facto relationship and separate, you will have the same rights as a married couple when dividing up your property and assets. 

You will also be eligible for spousal maintenance if you can prove that you are unable to support yourself financially. This is an important protection for de facto couples, as it ensures that they are not at a disadvantage simply because they are not married. If you are in a de facto relationship, it is important to seek legal advice to protect your rights.

  • Children

The Australian family law covers a wide range of topics related to families, including children. In general, the law aims to protect and promote children’s best interests. This includes ensuring that children have a safe and stable environment to grow up in, providing for their physical and emotional needs, and protecting them from harm.

There are several specific laws that relate to children, including the Family Law Act 1975 and the Children’s Services Act 1996. These laws deal with parental responsibility, child support, custody and visitation, and adoption.

The Family Law Act 1975 sets out the general principles that apply to all aspects of family law in Australia. It covers marriage, divorce, property settlement, and domestic violence. The Act also includes a section on children, which deals with issues, such as parental responsibility and child support.

The Children’s Services Act 1996 sets out the legal framework for providing child care services in Australia. It covers topics like licensing requirements for child care providers, standards of care, and complaints procedures.

In addition to these general laws, there are a number of specific laws relating to children in particular situations, such as the Child Welfare Act 1999 and the Adoption Act 1994. These laws deal with child abuse and neglect, adoption, and out-of-home care.

The family law system in Australia is designed to provide support and assistance to families experiencing difficulties. If you are having problems with any aspect of your family life, you should seek legal advice from a lawyer who specialises in family law.

  • Property

Property is a significant aspect covered by Australian family law. The Family Law Act 1975 (Cth) (‘the Act’) provides for the division of property between married couples who have separated. The court has broad discretion when considering applications for property orders and will take into account some factors, including:

  • The financial and non-financial contributions made by each party to the marriage or de facto relationship
  • The future needs of each party, including their age, health, and employment prospects
  • Any child support payments that need to be made
  • Any other matters that the court considers relevant.

The Act also provides for the division of property between de facto couples who have separated. The court has discretion when considering applications for property orders and will take into account the same factors as it does for married couples.

The Family Court can make several different types of property orders, including:

  • Orders for the sale of property
  • Orders for the transfer of property
  • Orders for the division of superannuation
  • Orders for spousal maintenance.

Takeaway

The Australian family law covers various issues surrounding a family. As such, for those who are having family issues that involve legality, it is best to hire the service of a family lawyer. This type of lawyer specialises in family law and is equipped with the knowledge their clients need to get the best outcomes of the family law-related legal battles they are into.

Read also: Why should we buy used cars in the UAE?

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