HD notes - MLL320 Family Law

Description

Week 1: Introduction to concepts in Family Law Week 2: Family Law in a Federation Constitution and Jurisdictional Issues Week 3: Marriage Elements – Marriage Definition Formalities for a valid Marriage Week 4: Divorce and Nullity Week 5: Children (Part 1) Week 6: Children (Part 2) STEP 1 - Best Interests – s 60CC STEP 2 - Equal Shared Parental Responsibility STEP 3 – Equal time/substantial and significant time? Summary: Share parental responsibility Week 7: Children (International Parent Child Abduction and children summary) Week 8: Property (Part 1) Steps: property settlement for de facto relationships Step 1 - De facto relationship? Step 2: De facto financial cause Step 3: When did the parties separate? Step 4: Sufficient connection to a participating jurisdiction? Week 9: Property (Part 2) Step 1 – Is it just and equitable? Step 2 - Identify and value property Step 3: Assessment of contributions Step 4: Future Needs Step 5: Just and Equitable Week 10: Property (Spousal Maintenance) Necessary Conditions #1 APPLICANT MUST ESTABLISH FINANCIAL NEED #2 APPLICANT MUST ESTABLISH RESPONDENT ABLE TO PAY THEN: Questions to ask: Week 11: Family Violence