There are few relevant legislations dealing with family matters.
1.Family Proceedings Act 1980
2.Care of Children Act 2004
3.Domestic Violence Act 1995
4.Property (Relationships) Act 1976
1.Family Proceedings Act
Under Family Proceedings Act, an applicant who is either a spouse or de facto partner can file following applications:
1.Separation Separation can be sought by two ways. First is to get family counselling from an approved Family Counsellor and if the counsellor gives the report then the application for Separation could be filed in the court. Second way is to make an application directly to the Court for a Separation order. The Family Court will refer the application to a family counsellor for a report and thereafter further proceedings will be decided.
In Family Proceedings Act, there are some requirements before an application for dissolution can be filed:
1.The parties to the application must be living separately for 2 years before the application is filed.
2.The marriage must have been broken down irreconcilably.
3.The parties are living apart.
4.If there are children out of the relationshiip, the arrangement both the parties have made with regard to day to day care of the children must be submitted to the court.
Application for dissolution of marriage can be filed in two ways. It could be either an application for dissolution by both parties or an application for dissolution by one party.
An application for spousal maintenance sometimes called Domestic maintenance can be filed either before the dissolution or after the dissolution. The Family Court will decide what amount and for how much period the maintenance will be paid.
2. CARE OF CHILDREN ACT 2004
Under Care of Children Act 2004, applications are made for Parenting Order and paternity orders or non-removal orders relating to the children out of the relationship.
3. Domestic Violence Act 1995
A complaint of violence by one spouse on the other or any other family member of the spouses is laid down under Domestic Violence act.
Police may charge a person under Crimes Act for male assaults female. But under Domestic Violence Act, applications for Protection Order is made.
4.Property (Relationships)Act 1976
Under this Law, both the parties to a relationship have equal shares of all the relationship property. Applications for division of relationship property is generally made under this law.
Please note that this is general information about the topic and should not be treated as legal advice. Pl. get indpendent legal advice relating to any matter before acting on this information.
Arunjeev Singh Barrister may be able to give free legal advice on the above topics.