Howe Martin & Associates Family Lawyers
News
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Domestic Partners Property Act 1996.
The De Facto Relationships Act 1996 has recently been amended and since 1 June 2007 is known as the Domestic Partners Property Act 1996.
The legislation has been amended to now recognise heterosexual and same sex relationships. It provides that the relationship of two people who are not married but who are living together as a couple ‘domestic partners’.
You are considered domestic partners if;
You and your partner have been living together as a couple for 3 or more years.
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Certified Domestic Partnership Agreement
The Domestic Partners Property Act 1996 allows for a couple living or intending to live together to enter an agreement, called a domestic partnership agreement, about property and any other matters concerning their relationship.
To be enforceable, the agreement must be in writing and signed by both partners. Agreements are enforceable under the law of contract.
Both parties will need to disclose all their assets as part of this agreement.
A solicitors certificate will be required to certify that each party has been advised and understand all the implications of entering into this Agreement.
Each party will need to obtain their own independent legal advice with respect to entering into a Domestic Partnership Agreement. It is not possible for this firm (or any other firm) to act for both parties to a relationship. Each party must have independent legal advice.
It is important to note that at this time, legislation for domestic partners varies in each Australian state and territory.
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Child Support Agency
The Child Support Scheme is changing. A number of reforms are being made to the current scheme and changes will affect ALL separated families from 1 July 2008.
Visit www.csa.gov.au for more information.
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Family Dispute Resolution
Changes have recently been made to the Family Law Act 1975 with respect to the conduct of children’s matters at the Family Law Courts.
From 1 July 2007, it is compulsory to have a certificate from a Family Dispute Resolution Practitioner before parenting proceedings can be commenced. The certificate is required to state that there has been a “genuine effort” to resolve the issues. There are, of course exceptions to this requirement – where there is violence, or abuse or an issue of urgency, no certificate is required.
Parties are encouraged to seek legal advice prior to attending any session with a Family Dispute Resolution Practitioner, to ensure they have a clear understanding of their rights and obligations.
It will be necessary for parties to obtain a Certificate from a registered Family Dispute Resolution Practitioner to lodge at Court with an initiating application.
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Annual National Filing Deadline
On 1 September 2006, the Family Court of Australia fixed an annual filing deadline in order for Applications regarding parenting issues relating to the Christmas/summer school holiday period to ensure that those Applications are listed for hearing prior to Christmas.
All Application seeking parenting orders which relate need to the Christmas/summer period need be filed on or before 4pm on the second Friday in November.
However, applications to abridge time and to list a matter on short notice can be made to Registry Staff, with the usual criteria for an urgent hearing still applicable.
