The Government introduced this Bill on 25 November 2015 and it was referred to the Senate Legal and Constitutional Affairs Legislation Committee on 3 December 2015.
The proposed amendments aim to remove uncertainties in the current provisions in the Family Law Act 1975 relating to Financial Agreements, and in particular:
- the Court must not consider whether the requisite legal advice has been given when determining whether a Financial Agreement is binding; and
- parties are able to rely upon the statements on independent legal advice provided by their legal practitioners.
The proposed amendments also:
- enable state and territory courts making interim family violence protection orders to suspend or vary existing parenting orders until either a time specified by the court or until another court order is made;
- strengthen Australia’s laws against international parental child abduction by introducing offences relating to the wrongful retention of a child overseas;
- strengthen the court’s powers to dismiss unmeritorious applications.
We await with interest the further progress of the Bill.