Below are some links the Legislation relating to Family Law Matters.
Parenting orders
Family Law Act 1975
Section 64B – meaning of parenting order and related terms
Section 60B – object of Part VII of the Act and principles underlying it
Section 60CA – child’s best interests paramount consideration in making a parenting order
Section 60CC – how a Court determines what is in a child’s best interests
Section 61DA – presumption of equal shared parental responsibility when making parenting orders
Section 65DAA – Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances
Subsection 4(1) – interpretation of:Aboriginal or Torres Strait Islander’ culture in relation to a child Family violence’ - see also subsections 4(1AB) and 4(1AC
Financial orders (other than child maintenance)
In relation to proceedings between parties to a marriage:
Spouse Maintenance
Family Law Act 1975
Section 72 – right of spouse to maintenance
Section 74 – powers of court in spousal maintenance proceedings
Section 75 – matters to be taken into consideration in relation to spousal maintenance
Declarations and alteration of property interests
Family Law Act 1975
Section 44(3) – time restrictions on property and maintencance proceedings
Section 78 – declaration of interests in property
Section 79 – alteration of property interests
Part VIIIAA – in respect of orders or injunctions binding third parties
Part VIIIB – in respect of superannuation interests
In relation to proceedings between parties to a de facto relationship:
Entitlement to apply and geographical requirements
Family Law Act 1975
Section 4AA – meaning of "De facto relationship"
Section 90SA – not apply to certain matters covered by binding financial agreements
Section 90SB – entitlement to apply
Section 90SD – geographical requirements (de facto partner maintenance)
Section 90SK – geographical requirements (declarations and alterations of property interests)
De facto partner maintenance
Family Law Act 1975
Section 90SB – when an order for de facto partner maintenance can be made
Section 90SD – geographical requirements to allow an order to be made (de facto partner maintenance)
Section 90SE(1) – power of court in de facto partner maintenance proceedings
Section 90SF – matters to be taken into consideration in relation to maintenance
Declarations and alteration of property interests
Family Law Act 1975
Section 44(5) – period in which to apply
Section 44(6) – leave provisions – no provision for parties to consent
Section 90SL – declaration of interests in property
Section 90SM – alteration of property interests
Part VIIIAA – in respect of orders of injunctions binding third parties – see also section 90TA
Part VIIIB – in respect of superannuation interests
Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the orders you propose and signing the Statement of Truth.
Parenting orders
Family Law Act 1975
Section 64B – meaning of parenting order and related terms
Section 60B – object of Part VII of the Act and principles underlying it
Section 60CA – child’s best interests paramount consideration in making a parenting order
Section 60CC – how a Court determines what is in a child’s best interests
Section 61DA – presumption of equal shared parental responsibility when making parenting orders
Section 65DAA – Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances
Subsection 4(1) – interpretation of:Aboriginal or Torres Strait Islander’ culture in relation to a child Family violence’ - see also subsections 4(1AB) and 4(1AC
Financial orders (other than child maintenance)
In relation to proceedings between parties to a marriage:
Spouse Maintenance
Family Law Act 1975
Section 72 – right of spouse to maintenance
Section 74 – powers of court in spousal maintenance proceedings
Section 75 – matters to be taken into consideration in relation to spousal maintenance
Declarations and alteration of property interests
Family Law Act 1975
Section 44(3) – time restrictions on property and maintencance proceedings
Section 78 – declaration of interests in property
Section 79 – alteration of property interests
Part VIIIAA – in respect of orders or injunctions binding third parties
Part VIIIB – in respect of superannuation interests
In relation to proceedings between parties to a de facto relationship:
Entitlement to apply and geographical requirements
Family Law Act 1975
Section 4AA – meaning of "De facto relationship"
Section 90SA – not apply to certain matters covered by binding financial agreements
Section 90SB – entitlement to apply
Section 90SD – geographical requirements (de facto partner maintenance)
Section 90SK – geographical requirements (declarations and alterations of property interests)
De facto partner maintenance
Family Law Act 1975
Section 90SB – when an order for de facto partner maintenance can be made
Section 90SD – geographical requirements to allow an order to be made (de facto partner maintenance)
Section 90SE(1) – power of court in de facto partner maintenance proceedings
Section 90SF – matters to be taken into consideration in relation to maintenance
Declarations and alteration of property interests
Family Law Act 1975
Section 44(5) – period in which to apply
Section 44(6) – leave provisions – no provision for parties to consent
Section 90SL – declaration of interests in property
Section 90SM – alteration of property interests
Part VIIIAA – in respect of orders of injunctions binding third parties – see also section 90TA
Part VIIIB – in respect of superannuation interests
Even if you have decided to make your application without the help of a lawyer, you should obtain independent legal advice about the effect and consequences of the orders you propose and signing the Statement of Truth.
