Family Law Amendment (Financial Agreements and Other Measures) Bill 2015.

Monday , 14, December 2015 Leave a comment


Family Law Amendment (Financial Agreements and Other Measures) Bill 2015[1].

The Government has introduced this new Bill to address problems in the current system with enforcement of Financial Agreements made between couples outside the scope of the court.

The Explanatory Memorandum[2] states:

“…it aims to provide greater clarity and certainty to separating couples attempting to resolve their financial affairs without resorting to a court, enable the courts to offer better protection to victims of family violence, and improve the efficiency and operation of the family law courts.”

This proposed amendment when passed will :

  • remove uncertainties surrounding the entering, interpreting and enforcing agreements of out of court agreements and make them binding.
  • Amend coverage of spousal maintenance matters in agreements
  • introduce a statement of principles, and
  • Additional protections from violence
  • Additional protections to strengthen Australia’s response to international parental child abduction.

 

[1] Family Law Amendment (Financial Agreements and Other Measures) Bill 2015 accessed here https://www.comlaw.gov.au/Details/C2015B00201 on 14/12/2015 at 11.58am.

[2] The Explanatory Memorandum accessed here http://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/s1026_ems_75c1d7ac-dd27-4fdf-94f2-d70260d98343/upload_pdf/504331em.pdf;fileType=application%2Fpdf on 14/12/2015 at 11.59am.



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