This article will discuss some rules on FLA orders and financial agreements. These are under two distinct Parts of the Family Law Act 1975:
- Part VII – Children (Sections 70NFH to 70NFJ)
- Part VIIIAB – Financial matters relating to de facto relationships (Sections 90TA and 90WA)
Part VII – Children: Failure to Comply with FLA Orders Affecting Children
Division 13A of the FLA provides for the consequences of failure to comply with orders and other obligations that affect children. Here are some articles that will explain the rules on FLA orders and financial agreements under this Division:
- Failure to Comply With Orders that Affect Children
- Varying a Parenting Order
- Contravention of Orders Affecting Children
- Contravention Without Excuse
- Community Service and Bonds Family Law Act
- De Facto Financial Agreements
Under Subdivision F on contravention of FLA orders without reasonable excuse, section 70NFH applies where an act or omission by a person:
- constitutes a contravention of an order under this Act affecting children; and
- is also an offence against any law.
Moreover, if the person is prosecuted in respect of the offence, a court in which proceedings have been brought under section 70NFB in respect of the contravention of the order must:
- adjourn those proceedings until the completion of the prosecution; or
- dismiss those proceedings.
If a person contravenes such orders, a court may prosecute him or her, and convict them of the offence. However, the convicted party will not be liable to face punishment twice in respect of the same act or omission.
Arrangements for Carrying Out of Sentences and Orders
One of the rules on FLA orders and financial agreements is the arrangement for carrying out the orders. An arrangement for the sanctions for failure to comply with orders under section 112AN for or in relation to the carrying out of sentences imposed, or orders made, is understood to extend to the carrying out of sentences imposed, or orders made, under this Subdivision. (Section 70NFI)
Also, take note that section 105 or the rules on the enforcement of decrees under the FLA still operates and there is no provision in Subdivision F limits such rules. (Section 70NFJ) To know more about decree enforcement in the FLA, here’s an article about it.
Part VIIIAB – De Facto Relationship Financial Matters
Section 90TA stipulates that rules under this Part affect:
- orders and injunctions on the maintenance, declarations of property interests, and alterations of property interests (Division 2); and
- proceedings for orders or injunctions under Division 2;
Furthermore, Part VIIIAA has effect as if the following substitutions were made:
| For reference in Part VIIIAA | Substitute a reference to |
| Marriage | de facto relationship |
| Section 79 Alteration of property interests | Section 90SMAlteration of property interests |
| Section 114 Injunctions | Section 90SSGeneral powers of court |
| Matrimonial cause – par. (ca) | De facto financial cause – par. (c) |
| Section 114 orders or injunctions | Division 2 of Part VIIIAB orders or injunctions |
| Section 114 proceedings | Division 2 of Part VIIIAB proceedings |
| Section 114 (3) injunctions | Section 90SS (5) injunctions |
As to the extended meaning of ‘matrimonial cause’ under section 90AD, which is “property includes a debt owed by a party to a marriage,” Part VIIIAA will take effect as if the same section will provide the following:
- For the purposes of section 90SS (to the extent that it provides for the granting of an injunction in relation to the property of a party to a de facto relationship), property includes a debt owed by a party to the de facto relationship.
- Omits the rule that “for an injunction or order under subsection 114(1)–the court is satisfied that, in all the circumstances, it is proper to make the order or grant the injunction.” [Section 90AF(3)(d)]
Instruments Not Liable to Duty
Division 6 of this Part also provides for the rules on FLA orders and financial agreements particularly on instruments not liable to duty. Section 90WA establishes that none of the following is subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory:
- a deed or other instrument executed by a person for the purposes of, or in accordance with, an order made under Division 2;
- a Part VIIIAB financial agreement;
- a Part VIIIAB termination agreement;
- a deed or other instrument executed by a person for the purposes of, or in accordance with, an order or Part VIIIAB financial agreement made under Division 4.
The exception to that rule is: if the financial agreement is an agreement made in non-referring States that becomes part of Part VIIIAB financial agreements. If so, the agreement will be subject to a duty or charge under the law if the liability arises before the transition time for the agreement.
Despite any State law, a failure to discharge a liability in relation to an agreement has no effect for the purposes of the Act. In particular, the failure does not affect whether the agreement may be presented in evidence in a court for the purposes of this Act.
Protect Your Rights and Ensure a Smooth Process with a Family Lawyer
Navigating the complexities of family law can be daunting, especially when it comes to complying with existing orders and agreements. If you want to understand more about the rules on FLA orders and financial agreements, get support from a family lawyer.
Whether you’re facing challenges related to child support, alimony, parenting arrangements, or other family law matters, hiring a skilled family lawyer from JB Solicitors is crucial for safeguarding your rights and ensuring a smooth process.
Delaying legal action can jeopardise your rights and complicate the process of resolving family law matters. Take the proactive step of hiring a family lawyer today to safeguard your future and ensure that you handle the legal process with expertise and compassion.
