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Does Australian Law Apply?

Does Australian Law Apply?

When people separate after being married or in a de facto relationship, the laws relating to the re-distribution of property after that separation will vary depending upon the choice of Court to determine the issues between them.

When couples separate in Australia the adjustment of their property is regulated by the Australian Family Law Act 1975 or in Western Australia the Family Court Act 1997.

If parties enter into marriage contracts or Financial Agreements pursuant to foreign law those contracts can remain enforceable after parties have altered their domicile to that of Australia. Once parties are domiciled in Australia, they are subject to the provisions of Section 79 of the Family Law Act 1975 which authorises the Australian Court to alter the interests of the parties to property where it is just and equitable to do so. Any prior agreement will have some relevance to proceedings under Section 79 of the Family Law Act 1975 and the Australian Court would consider whether it is just and equitable for there to be an adjustment of property.

The law applicable to separating parties is dependent upon the domicile of those parties. The substantive law applied is generally Australian law in Australia once the Court has decided to exercise its jurisdiction.

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Disclaimer: The information contained in this blog is for informational purposes only and is not legal advice. Nothing in this blog should be deemed to create or constitute a solicitor-client relationship between any readers and Swan Family Lawyers. A solicitor-client relationship is created only when this firm agrees to represent someone and a written engagement agreement or engagement letter is signed by both the client and solicitor. In all cases, the reader should consult his or her own solicitor for advice. The information in this blog is based on Australian law.