Property disputes are a common occurrence after marriage breakdown. The Family Court leave behinding deal with these issues by considering the effects that property distribution will have on each spouse as closely as on the children, upholding the paramount consideration provided for them in the side of Children bite 1996_ (NSW)_ which increases the effectiveness of the law for society by balancing individual rights and values with community rights and values. The Family Court is a specializer court dealing specifically with family matters. Property settlements are oftentimes make by agreements between the parties in the form of base Dispute Resolution mechanisms, which will increase the resource power of courts by reducing caseload since only 5% of cases have terminate up in court following the introduction of PDRs. The revision from Alternative Dispute Resolution mechanisms to PDRs were in response to the throttle use of ADRs and the need to reduce costs and time delays in the Family Court in order to maximise competency.
The use of PDR mechanisms is pull ahead so courts do not have to enforce the law upon individuals, thereby also The court takes into account financial and non-financial contributions made to the marriage. The idea is to consider all circumstances to make the fairest mathematical decision, recognising the need for equality in the recognition of the individual’s rights. Despite this, there were needs for reform. This occurred through the _Family Law Amendment Act 2000 (Cth)_ which introduced the idea of pre-nuptial agreements to deal with property allocation in the cause of marriage breakdown; this has further improved resource efficiency by reducing amount of settlements occurring in courts.
After a marriage breaks down, the Family Court may make two kinds of sustentation orders; for one spouse to maintain the...If you want to get a full essay, order it on our website: Orderessay
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