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3 Found helpful • 25 Pages • Complete Study Notes • Year: Pre-2021
In the past, only couples that had been married and then separated could access the provisions of the Family Law Act 1975(Cth) and seek access to the rights that arose from this legislation in relation to applying to a family court for Parenting Orders, Child maintenance, Spousal Maintenance and Property Adjustments. - This was because the Australian Constitution devolved to Federal Parliament the power to make laws relating to Marriage/ Divorce. - Originally, each state had its own legislation in relation to children’s and financial cases for unmarried families. The only way that the Cth could make laws in relation to issues, such as children’s matters and the property settlement of unmarried people was if the states and Territories referred their power to the Cth. - Power was referred to the Cth over children’s matter to the States and Territories between 1987 and 1990. - With the recent amendments, the de facto couples now have similar rights to married couples in relation to financial cases.
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