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Importance and Coverage of Family Law in Australia

How crucial is having a family lawyer to defend your rights?

Whilst the family law system is designed to protect the rights of all family members, including children, it can be a complex and confusing area of law for many people. Each state and territory has its laws governing family law, so it is crucial to get advice from a lawyer who is experienced in the relevant jurisdiction.

If you are facing family issues, seek legal advice from the top family lawyers in Sydney at Madison Marcus. Our team of qualified lawyers have the experience and expertise to provide you with the best possible advice and representation in all family law matters.

What Is the Importance of Family Law?

Family law is important because it helps to promote family harmony. By providing a legal framework for resolving family disputes, family law can help to reduce the stress and conflict that often accompanies these types of disputes.

The purpose of family law in Australia is to assist individuals in resolving legal problems resulting from the dissolution of a marriage. Private agreements are encouraged, but when they aren’t feasible, the courts can assist people in resolving their concerns.

In addition, family law can help to protect the rights of family members, including children. For example, family law can help to ensure that children are properly supported financially by their parents and that they have a safe and secure family life.

Coverage of Family Law

The Family Law Act of 1975 (Cth), the nation’s primary legislation for family law, is the basis for the Australian family law. The family law system also includes several other important agencies and organisations, such as the Child Support Agency, which is responsible for collecting child support payments, and the Family Court of Australia, which hears family law cases.

Divorce Law

Divorce law deals with the legal dissolution of a marriage. It can involve a wide range of issues, such as property division, child custody and support, and spousal support.

Property Settlement Law

The division of property and assets between separated couples is addressed in property settlement law. This might be a difficult area of law as it frequently entails valuing and distributing huge quantities of belongings and assets.

Child Custody and Access Law

Children have a right to a meaningful relationship with both parents, as well as protection from harm under the Australian family law. The court must give greater weight to the need to safeguard children from abuse when making judgments.

Spousal Maintenance Law

Spousal maintenance is financial assistance provided to a husband or wife (or former husband or wife) by their spouse if they are unable to financially support themselves.

A person has a duty under the Family Law Act 1975 to financially assist their spouse or former de facto partner if they are unable to meet their reasonable expenses from personal income or assets.

Family Violence Law

Family violence law deals with the issue of family violence, which is a type of domestic abuse. Family violence can include physical, emotional, sexual, financial or psychological abuse.

What Is the Family Law Act of Australia?

The Family Law Act describes the rights, responsibilities, authorities and liabilities of spouses and children, as well as the enforcement of those rights and obligations and marital dissolution.

Historical Policy Underlying the Family Law Act of Australia

The Family Law Act is made up of many policy strands. These include the following:

Philosophy of No-fault

The removal of a pre-Family Law Act fault requirement and the adoption of a ‘no-fault’ divorce model were two of the main ideological underpinnings for the introduction of the Family Law Act.

Promoting the Best Interests of the Child

The family law system is based on the premise that any decisions made about children should be in their best interests. The need to safeguard the rights of children and promote their well-being has been one of the principles that the Family Court has had to consider since the Act’s inception.

Preserving the Institution of Marriage

Another issue that courts with family law authority have had to take into account since the passage of the Act is ‘the necessity to preserve and protect marriage as a man-woman marriage for life’.

Reconciliation

The goal of encouraging people to reconcile is closely linked to the aim of preserving the marital relationship. Since the Family Law Act went into effect, family law courts have been told to consider ‘the means available to assist parties in a marriage in considering reconciliation or the improvement of their relationship with each other and their children’.

Protection of the Notion of Family

Whilst the term ‘family’ is seldom used explicitly in Australian law, it is apparent that the notion of the nuclear family—comprising a mother, father and their children—still underlies the Family Law Act.

How Madison Marcus Can Help You

If you are dealing with family law issues in Australia, seek legal advice only from a qualified family lawyer. 

At Madison Marcus, our team of experienced family lawyers in Sydney can assist you in navigating all the aspects of family law rules, including divorce, property settlements, child custody and spousal maintenance. We will assist you with your specific situation and ensure that your rights are protected.

For all enquiries or to book a free 15-minute consultation, contact us today.

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