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LIV comments on proposed reform to the decision-making framework for property division in family law matters

LIV comments on proposed reform to the decision-making framework for property division in family law matters

By LIV Family Law Section

Dispute Resolution Divorce Family Court Personal Property Practice & Procedure 

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The LIV recently provided feedback to the Attorney General Department's Consultation on a new decision making framework for property matters in family law.
 
For many individuals and families, the accessibility and efficiency of the family law jurisdiction may be improved by reform to the decision-making framework for property division. However, the LIV strongly recommended that any changes to the legislation must be consistent with existing jurisprudence in the area to minimise the risks of an increase in the number and length of disputes before the courts. 
 
The LIV supports steps which may be taken to facilitate:
  • Greater clarity and certainty for separating parties as to the way in which an order for the alteration of property interests will be made in Australia;
  • Greater clarity and certainty for separating parties as to the way in which spousal maintenance / de facto maintenance is to be determined in Australia;
  • A reduction in the acrimony, disputes, and relevant court proceedings between separating parties; and
  • An increase in the effectiveness of alternative dispute resolution (whether before or during a court proceedind) for separating parties;
Read the submission here.
 
 

CONTACT

Andy Kuoch

Policy Officer

FamilyLawSection@liv.asn.au


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