The Family Law Act, 1975, governs this area of relationship law Australia wide. Given the historic rate of marriage breakdown, most Australians, either as parties to a marriage or as the children, parents or other loved ones of parties to a marriage, are affected by marriage break down at some time in their lives. Legislation such as the Family Law Act is meant to provide some certainty and fair dealing between parties to a marriage which breaks down - determining in the absence of agreement such issues as who is to live in the home pending the resolution of the matter, where and with whom the children are to reside, how, or whether, children will maintain contact with both parents and how the property of a marriage is to be divided. The issues of spousal maintenance and adult child maintenance are also governed by the Family Law Act.
Mediation, arbitration and negotiation have long been important elements of Family Law practice. Conflict resolution procedures are incorporated into the formal processes and structure of Family Law litigation in Australia. Consent Orders or Financial Agreements can be negotiated by parties and made as legally binding settlements establishing and clarifying rights as to property division, maintenance and children's issues without the parties personally attending court. At the same time, while in many cases formal court proceedings need to be commenced, statistics indicate that the great majority of cases commenced in both the Family Court and the Federal Magistrates Court are eventually resolved prior to a final hearing. At the same time, some cases simply cannot be resolved without a hearing.

The Family Law Act governs children's rights and related issues such as where and with whom children are to reside and who is to have Contact with children in respect of both marriages and de facto relationships Australia wide.

The Child Support (Assessment) Act 1989 governs the payment of child support for children up to 18 years of age in respect of parties who separate, or in respect of children who are born, after 1st October, 1989. The Family Law Act still continues to govern the same issues in respect of parties who separated before 1st October, 1989 where children were born before 1st October, 1989 and in respect of children over the age of 18 years.

Recent amendment to the Family Law Act makes it possible for parties contemplating marriage, who are married or who's marriage has ended, to resolve the financial issues between them which could arise, or have arisen, as a result of the ending of their marriage, by a financial agreement pursuant to section 90 of the Family Law Act. These agreements offer some advantages where issues of spousal maintenance, the interests of children of previous relationships or third party indebtedness are concerned. At the same time, issues as to enforcement and certainty mean that court approved Terms of Settlement made by consent orders offer competing advantages.

Wallbanks recently successfully represented the Applicants in the case Kevin and Jennifer v The Attorney General for the Commonwealth SY8136/99, to obtain a declaration of Australian law that the marriage between a man of transsexual background and his wife was a legally valid marriage. This is an important decision for all so-called intersex people in that the law of Australia has now been declared to the effect that people who, through no fault or deficiency, experience a natural variation in human formation, are to be accorded the same basic rights as to marriage as others and are not to be punished by the denial of such basic human rights for the mere sake of their difference; as would have been the case in Australia had the United Kingdom decision of Corbett been followed. Transsexualism was found to be within the so-called intersex continuum. The Australian Government has a right of appeal. For further details of this landmark decision and a link to the full text of the Judgement go to Resources and Links..
Marriage breakdown, and all its associated issues, is well recognised as one of life's most stressful experiences. We see our clients as individuals experiencing this significant life event who need assistance, not only in terms of expert legal representation and advice, but as people seeking to put the legal issues associated with their marriage breakdown into a realistic life context. Dealing with the legal issues promptly and competently serves to enable the individual to deal with the issues of marriage breakdown with a perspective that permits proper closure and a new beginning.

The first key to success in dealing with the legal issues associated with marriage breakdown is to seek expert advice early and before any moves are made, or decisions reached, which could narrow options for, or prejudice your position with regard to, a final settlement. Preliminary legal advice is comparatively inexpensive and can save you much long-term monetary and emotional expense. Your immediate aim is to move from the position of not knowing where you stand to the position of being able to take the first steps forward to resolve the legal issues affecting your life with confidence. You can then proceed with more confidence and consideration to the point of final settlement and be free to begin the rest of your life.