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- Title
Two new amendment Bills.
- Authors
Fehlberg, Belinda
- Abstract
The article reports on two amendment bills to Australia's family law. The Family Law Amendment Bill 2000 has now been passed by both houses of parliament, and became operative in December 2000. The legislation addresses two important issues: financial agreements; and enforcement of parenting orders. When debate on the Bill was resumed in the House of Representatives, the Government proposed various amendments all of which were adopted. In relation to financial agreements, only independent legal advice is now required before entry into an agreement. Also, the grounds for avoiding financial agreements have been changed so that a 'material' rather than 'exceptional' change of circumstances relating to the care of a child will suffice. Just before the Senate passed the Bill, other changes were made. In relation to financial agreements, an additional ground for avoiding agreements was added: unconscionability. This amendment is important because it extends considerably the court's options when faced with a contravention application. This is a particular advantage for children whose current contact arrangements were made by consent and may not be in their best interests.
- Subjects
AUSTRALIA; LEGISLATIVE amendments; DOMESTIC relations; LEGISLATIVE bills; LEGISLATION; CHILD care; LEGISLATIVE bodies
- Publication
Family Matters, 2000, Issue 57, p76
- ISSN
1030-2646
- Publication type
Article