News

Latest News and Updates From the Team

Change is on the family law Horizon


grey-logo

By Gavin Lai – Senior Associate at Emerson Family Law

The Attorney-General Senator George Brandis has introduced the Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 (“the Bill”).

The Bill, if and when passed, will be another significant development in Australian Family Law with proposed changes to the Family Law Act 1975 (“the Act”), which was enacted in 1975 by the Australian government, led by the incumbent Prime Minister at the time, Gough Whitlam.

The Act has been subject to many changes and amendments since its creation.

For example, the 2006 amendments changed the way matters involving children are dealt with. These include:

  1. A progression towards compulsory mediation (before court proceedings can be filed), in an effort to ensure matters do not proceed to litigation;
  2. Greater examination of issues involving family violence, child abuse or neglect;
  3. More importance being placed in the child’s family and social connections;
  4. A rebuttable presumption that parents have equal shared parental responsibility;
  5. Encouraging both parents to remain meaningfully involved in their children’s lives following separation, provided there is no risk of violence or abuse.

In particular the Bill, if and when passed, will bring the following changes to the Act:

  1. Amend the Financial Agreement regime to remove existing uncertainties around requirements for entering, interpreting, and enforcing agreements;
  2. Make changes to the coverage of spousal maintenance matters in agreements;
  3. Provide for a statement of principles to outline their binding nature and to reinforce the binding nature of the agreements;
  4. Strengthen protection from violence in certain procedural matters;
  5. Strengthen Australia’s response to international child abduction;
  6. Update the arrest powers of the Family Court; and
  7. Assist the operation of the Family Law Courts; and
  8. Minor technical amendments.

If you would like further information regarding the Bill and/or if you require family law assistance/advice please contact us on (07) 3211 4920 today to speak to a specialist family lawyer about your matter.

We let our clients do the talking..

“We are sincerely grateful for all the help you have given us thus far and we as a family can see you act with great integrity and have maintained professionalism and dignity throughout the whole process, we are so grateful for that.”

Belinda

5.0
2016-11-15T06:45:50+00:00

Belinda

“We are sincerely grateful for all the help you have given us thus far and we as a family can see you act with great integrity and have maintained professionalism and dignity throughout the whole process, we are so grateful for that.”

We let our clients do the talking..

Your advice was always candid and in good faith… Without your assistance, I do not believe I would have reached closure with this matter as quickly as I have. I have nothing but admiration for your persistence in pursuing my best interests despite constant setbacks and obstacles.. I would not hesitate to recommend your services to others in need of assistance….

James

5.0
2016-11-15T22:42:46+00:00

James

Your advice was always candid and in good faith… Without your assistance, I do not believe I would have reached closure with this matter as quickly as I have. I have nothing but admiration for your persistence in pursuing my best interests despite constant setbacks and obstacles.. I would not hesitate to recommend your services to others in need of assistance….

We let our clients do the talking..

“The advice that I received from Emersons was to the point and correct. Aish anticipated a scenario, which later came true and I am truly grateful, that I followed their advice early on during my separation which protected my financial position at a time when I was most vulnerable.”

Anonymous

5.0
2016-11-15T22:43:30+00:00

Anonymous

“The advice that I received from Emersons was to the point and correct. Aish anticipated a scenario, which later came true and I am truly grateful, that I followed their advice early on during my separation which protected my financial position at a time when I was most vulnerable.”

We let our clients do the talking..

“I would like to take this opportunity to sincerely thank you and your team for all your time and support throughout the last two years. It has taken the last couple of weeks to comprehend that this process is finally over and with an outcome that will best benefit my family in the future. Your understanding and compassion for us and our situation has been truly appreciated.”

Kylie

5.0
2016-11-15T22:44:13+00:00

Kylie

“I would like to take this opportunity to sincerely thank you and your team for all your time and support throughout the last two years. It has taken the last couple of weeks to comprehend that this process is finally over and with an outcome that will best benefit my family in the future. Your understanding and compassion for us and our situation has been truly appreciated.”

We let our clients do the talking..

“I would like to take this opportunity to thank you and the whole team for your support throughout my case. I wish you all the very best and please be assured of future referrals and positive feedback about your approach, leadership, focus and integrity. It was these qualities and more that really made the difference during some exceptionally challenging times.”

Neil

5.0
2016-11-15T22:45:03+00:00

Neil

“I would like to take this opportunity to thank you and the whole team for your support throughout my case. I wish you all the very best and please be assured of future referrals and positive feedback about your approach, leadership, focus and integrity. It was these qualities and more that really made the difference during some exceptionally challenging times.”
5.0
5
map