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Showing posts from October, 2021

What’s the Difference Between a De Facto Relationship and Marriage?

Australian society has undergone significant change in many ways in recent decades. Not only do we look a lot more diverse than we once did, our definition of what constitutes a family is very different to what we once understood by that term. That change includes the rise of de facto relationships in preference to marriage. According to the 2016 Census, one in six Australians aged 15 or over now lives in a de facto relationship. The significance of this change has been incrementally reflected in the law. But for some relatively minor differences, the rights and obligations of people in de facto relationships – whether man and woman, or same sex – are nowadays all but the same as married couples. How are de facto couples recognised at law? A de facto relationship is defined under section 44A of the Family Law Act 1975 as a relationship between two people, including same sex people, who are not otherwise legally married or related by family and with regard to all the circumstances...

Is Family Law Mediation Compulsory?

Under Australia’s Family Law Act 1975 , separated families must first undertake family dispute mediation before approaching the court for orders about parenting. This requirement both helps the Family Court manage its workload and provides a more affordable, more accessible way for parties to a dispute about how their children will be raised come to an agreement of their own making. Through mediation – also sometimes referred to as ‘alternative dispute resolution’ – an ex-couple can be assisted by a neutral third party who will help them discuss the areas on which they agree and those where they disagree to help find middle ground as the basis for an agreement. Below is more detail on how this process works but if you have any questions or concerns about family dispute resolution, contact us for detailed information today. How does a mediation session work? In many cases couples with children who separate are able to come to their own agreement on the living arrangements for the ...