9.Law & families

Relationships operate within a legal framework. Unfortunately, we become aware of this when the relationship runs into trouble. The law is almost never the best way to solve relationship difficulties. But if it isn't possible to solve relationship disputes personally, then the legal system must be brought into play. If you know what the law says, sometimes it helps you to resolve the issues yourselves in a way that is fair.

The body of law that deals with relationships is known as Family Law. The main acts of parliament that regulate married relationships are the Marriage Act 1961 and the Family Law Act 1975. Both acts are commonwealth law and apply throughout Australia. Matters that arise under the Family Law Act are mainly dealt with by the Family Court or Federal Magistrates' Court, although less serious matters or matters where both parties live outside metropolitan areas may be dealt with by the local magistrates' courts. The exception to this is matters arising in Western Australia which are dealt with by the Family Court of Western Australia.

De facto relationships are different and are not regulated by the Family Law Act except for some issues relating to children. Victoria has recently introduced legislation that affects de facto and same sex relationships within their general scope. Historically, same-sex relationships have received little attention from law-makers. However, Victoria has recently introduced the concept of 'domestic partnerships', which include same sex relationships.

The law can also provide various tools to help you organise your relationships, for example, family agreements, wills, property transfers and powers of attorney. These tools are especially important if you are in a relationship that is not automatically protected by the law.