Evaluate The Effectiveness Of The Law

908 Words4 Pages
*Evaluate the effectiveness of the law* in* protect*ing* parties *of* both marriages and de facto relationships w*hen such relationships dissolve. Property disputes are a common occurrence after marriage breakdown. The Family Court will deal with these issues by considering the effects that property distribution will have on each spouse as well as on the children, upholding the paramount consideration provided for them in the Status of Children Act 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 specialist court dealing specifically with family matters. Property settlements are often made by agreements between the parties in the form of Primary Dispute Resolution mechanisms, which…show more content…
The change from Alternative Dispute Resolution mechanisms to PDRs were in response to the limited use of ADRs and the need to reduce costs and time delays in the Family Court in order to maximise efficiency. The use of PDR mechanisms is encourage 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 possible 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

More about Evaluate The Effectiveness Of The Law

Open Document