Family Law News

This page is dedicated to bringing you up-to-date news relevant to Family Law in Australia.

Family Law Amendment Bill 2023

The Labor government’s Family Law Amendment Bill 2023 is making its way quietly through Australia’s federal parliament. It will become one of the most important laws passed this year.

It proposes to overhaul the family law system to make it “safer and simpler for separating families to navigate, and ensure the best interests of children are placed at its centre”.

We should celebrate the fact this bill is passing through parliament. It shows the government has responded to insistent calls for change to protect families.

But here’s why it doesn’t go far enough in addressing family violence.

The bill will make important changes to the rules that govern parenting arrangements after separation.

It will remove the presumption of “equal shared parental responsibility”. Under the current law, this presumption means both parents have a role in making major, long-term decisions about their children.

However, it’s often misinterpreted. Many people believe it means parents are entitled to equal time with their children, regardless of domestic and family violence or abuse.

This bill will finally make it clear that equal time isn’t always appropriate or safe for families with a history of abuse.

Source and further reading:The Conversation

Why your ex may be able to claim half your superannuation, even if you aren’t married

Moving in together is an exciting time for people in relationships. Likely the last thing on your mind is what might happen in the event of a breakup.

But it’s worth knowing that if you split, your ex could be able to file a legal claim for up to half your superannuation, under certain circumstances.

And for all states (except Western Australia), you don’t need to be married, have kids or own a house together; even people in de facto relationships may have to split their super when they break up.

For the purposes of family law, a de facto relationship is when you and your partner live together in a relationship as a couple on a genuine domestic basis but are not married.

The superannuation of both partners is included in the pool of assets divided on separation. Super is often the single biggest financial asset younger people have, so make sure you know what the law says on this question.

Source and further reading:The Conversation

Christine Bennett offers Family Dispute Resolution and Marriage Counselling in Crows Nest, Central Coast NSW and online.