Divorce Guide

Family Law Act 1996

The family law came as a great help to those who were on the verge of separation. This law deals with all the aspects of a marriage relating to the couple namely Assets, children, family, house and other personal belongings. The act includes four parts mentioning various segments which include provision for separation and all the other factors, which are:

Part I: It contains the underlying principles of the other two parts, including divorce and separation, and legal aid for the marital disputes.

Part II: It includes –

Separation and divorce are considered as matters regarding the divorce, circumstances leading to separation and changing of documents from separation agreement to divorce.
Reason for the marital breakdown and the statement from both the parties, also the time for reconsideration and any future arrangements.
Welfare of the children is given a lot of consideration by the court, so it should be decided by the parents with whom the child will leave after the divorce and the future needs and the responsibility for his education and day to day needs.
Resolution of disputes on financial disagreements, division of pension rights, provisions for the monetary help from the spouse if one is unemployed or under employed and has child custody too.
Jurisdiction and proceedings clause includes the time of the proceedings and the parties attending it, effect of separation, funding for marriage supporting services along with marriage counseling provisions.

Part III: This part considers legal aid for mediation in the family matters, which cares for the legal aid in mediation process, the payment for the mediation, the counseling and the civil legal aid.

Part IV: It is the most important part, when there are disputes in the family matters are dealt with, which are:

Family home –rights to occupy the matrimonial home, considering the effect of matrimonial home rights and further provisions relating to family home.
Occupation orders, where applicant has property or interest, one former spouse with no existing right to occupy, additional provisions that may be included in certain occupational orders.
Non- molestation orders include ex parte orders, undertakings, arrest for breach of order, and variation and discharge of orders.
Enforcement power of magistrate’s court, emergency protection orders, and mortgages of the asset, if any.
Jurisdiction and divorce procedure: it involves divorce proceedings, jurisdiction of magistrate’s court, provision of the third parties to act on behalf of victims of domestic violence and appeals to the court.

Part V: It is the supplementary part of the act which includes provision for separate representation for children, rules and regulations, consequential amendments, short title, commencement and extent.

Divorce Guide

Family Law Act 1996

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