THE FAMILY LAW BOOK

Looseleaf service in one volume
Family law, procedure, forms and precedents
Quarterly looseleaf updates.


CLICK HERE
FOR BOOK
SAMPLES

THE FAMILY LAW BOOK ONLINE FORMS AND PRECEDENTS

Links to court forms and brochures
Precedent orders, affidavits and agreements
Links to useful websites

CLICK HERE
FOR PRECEDENT SAMPLES

THE FAMILY LAW BOOK
LEGAL HELP LINE

Via 24 hours reply email
Click LEGAL HELP above for samples of legal help given

JOIN OUR FREE MAILING LIST

Keep up to date with all the latest in our monthly email newsletter


Captcha Image

DE FACTO LAW - PART VIIIAB

28-Feb-2009

On 1 March 2009 the Family Law Act was amended to provide for financial matters arising out of the breakdown of de facto relationships and other measures.

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 applies to all States and Territories except Western Australia, as they are yet to refer their power to deal with such matters to the Commonwealth. South Australia referred its de facto powers on 1 July 2010.


Our complete coverage of every aspect of this amendment to the Family Law Act is available to our subscribers at our online Members' Practice News and at our Addendum to The Family Law Book.


The aspects covered include:
Exclusive jurisdiction in de facto financial causes

"De facto relationships"


Part VIIIAB – Financial matters relating to de facto relationships


Our schedule of the comparative sections of Parts VIII and VIIIAB of the Family Court

The right to apply under Part VIIIAB (maintenance and property)

Time limit for issuing maintenance or property proceedings 

Threshold declaration about existence of de facto relationship

Maintenance and property proceedings - power of court and relevant factors

Superannuation

Procedure

Financial agreements

Geographical requirement for Part VIIIAB agreements

Types and formalities of Part VIIIAB agreements and other provisions

Agreements in non-referring States can become Part VIIIAB agreements

Existing agreements in referring States (and in Territories)

Additional ground for setting aside financial agreements

Additional ground for varying existing maintenance order

State and Territory law


OTHER AMENDMENTS - BROADER DEFINITIONS OF "CHILDREN" 

"Child of a de facto relationship"

"Child of a person"

"Step-parent"

"De facto partner"






 

 

 

 


BACK
subscribe

NEW OFFER -
The Moët Award


A bottle of Moët & Chandon will from December 2012 be awarded for any contribution or suggestion by a member for the improvement of our service that we implement and judge to be worthy of an award. 

Entries should be sent to us via “contributions” at our members’ home page and judging will be at our sole discretion.

Visit our Hall of Fame at Winners' Corner to see all our winners from 2009 to 2012 when this was a monthly award for "Best Contribution".

“This will be really good for teaching lawyers in general practice, junior lawyers and paralegals the role of the family lawyer. Being in one volume is brilliant – it will find itself in constant use, not left on the shelf as can happen with the multi-volumes.”

Peter Carew, principal
Carew Counsel
Solicitors, Melbourne