Legal Terminology
Apprehended Violence Order
See Intervention Order below.
Child Support
The money paid by a separated parent to the other parent to contribute towards the costs of caring for their children. Child Support is initially assessed by a statutory body called the “Child Support Agency”. The CSA have broad powers to administer Child Support payments.
Defacto relationship
A relationship in which a man and woman live together as if they were husband and wife, even though they are not legally married. There are technical requirements as to the length of the relationship and where it has taken place. Same sex couples are also deemed to be
defacto relationships. Defacto relationships are also called "domestic relationships".
Divorce
The order made by a Court terminating a marriage. The Court will not make orders at a divorce hearing dealing with the care of the children of the marriage, dividing the matrimonial assets or for spousal maintenance. Whilst the process for obtaining a divorce is simple, you should obtain legal advice before doing so. A divorce may limit your ability to obtain a matrimonial property settlement or to seek spousal maintenance. Divorce also affects the operation of most Wills. Be careful!
Domestic relationship
See Defacto relationship above.
Family Court of Australia
The Family Court of Australia is a Federal Court with jurisdiction to hear most family law matters, other than financial disputes between separated defacto couples. The Family Court is the more senior Federal Court dealing with family law matters. The Court of Appeal of the Family Court is the penultimate family law appeal Court. The ultimate family law appeal Court is the High Court. It is rare for a case to go to the High Court on appeal.
Family Law
A phrase encompassing the various laws that deal with marriages, separated couples, defacto and same sex couples, children, Child Support, the division of matrimonial property, spousal maintenance and Wills and estates.
Federal Magistrates Court of Australia
The Federal Magistrates Court of Australia is a Federal Court with jurisdiction to hear most family law matters, other than financial disputes between separated defacto couples. The Federal Magistrates Court is the more junior Federal Court dealing with family law matters. The Federal Magistrates Court deals with more family law cases than the Family Court. The Federal Magistrates Court hears nearly all applications for divorce (see above).
Financial Agreement
A pre-nuptial agreement. If the agreement is carefully and expertly drawn and it complies with a number of technical requirements set out in the Family Law Act 1975, then the Financial Agreement is binding and the Courts lose the power to make orders dividing the matrimonial assets following any separation. Financial Agreements can be signed after a couple marry and while they are happily married. Financial Agreements can also be used as an alternative to consent orders to record the agreement that separated parties have reached as to the division of their matrimonial assets.
High Court of Australia
The High Court of Australia is the most senior Court in the hierarchy of Australian Courts. The High Court hears appeals from lower Federal Courts and the Supreme Courts of the States. The High Court also admits lawyers to practise in Federal Courts in Australia.
Intervention Order
An order made under the Victorian Crimes (Family Violence) Act 1987 restraining a person from assaulting, threatening, harassing, molesting or intimidating a family member. The person the order refers to may be prohibited from coming within a specified distance of the person seeking the order. Intervention Orders are called Apprehended Violence Orders (AVOs) in some other States and many television programs.
Live with order
An order made by a court as to when the child of a couple will live with each parent. Under previous legislation, such orders were called either “residence” or “custody” orders.
Relationship Agreement
A Relationship Agreement is an agreement that fulfils the same function as a Financial Agreement (see above), but relates to a defacto couple or a same sex couple, rather than a married couple.
Relocation cases
In marriages involving spouses from different States or countries, it is common for one spouse to wish to return to their home State or country with their children following separation. In many such cases litigation then ensues as the local spouse seeks to keep their children with them in the place where separation occurred and the “immigrant” spouse seeks to go back to the support of their family and to take the children with them. Such cases are invariably difficult and require careful management.
Spend time with order
An order made by a court as to when the child of a couple will be in the care of the parent with whom the child does not live. Under previous legislation, such orders were called either “contact” or “access” orders.
Spousal maintenance
The money paid by a separated spouse to his or her ex spouse for his or her financial support. Spousal maintenance is distinct from Child Support. Spousal maintenance only applies if the claimant is unable to financially support themselves and if the potential payer has the capacity to pay.
Supreme Court of Victoria
The Supreme Court of Victoria is the most senior Court in the hierarchy of Victorian Courts. The Supreme Court hears many litigated disputes between separated domestic couples. The Supreme Court also admits lawyers to practise in the State of Victoria.
