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LCA: Donít Allow Loopholes in Pre-Nuptial Laws to Thwart the Legal Process

Urgent amendments to the Family Law Act need to be made so that separating couples attempting to settle their financial affairs are not hindered by technicalities in the legislation, according to the Law Council.

Law Council of Australia

9 May 2008

Don't Allow Loopholes in Pre-Nuptial Laws to Thwart the Legal Process

Urgent amendments to the Family Law Act need to be made so that separating couples attempting to settle their financial affairs are not hindered by technicalities in the legislation, according to the Law Council.

In a submission made this week to the Federal Attorney-General, the Family Law Section of the Law Council has recommended a number of amendments that relate to financial agreements, including pre-nuptial agreements.

Law Council President Ross Ray QC said, "For the past seven years, the legislation has allowed separating couples to deal with their financial issues outside the formal court system."

"This provides greater choice for parties in property settlements and a more efficient and less costly means of dispute resolution in property matters than through the family law courts," Mr Ray said.

The Family Law Section of the Law Council endorses the policy behind the legislation, but is concerned that several deficiencies in, and unintended consequences of, the legislation are undermining the legislative intent of the Act.

"This is creating uncertainty and the potential for unnecessary litigation, as well as adding to the cost and complexity of the process."

The Law Council has recommended minor amendments to the wording of the legislation, which should allow pre-nuptial and post-marriage settlement arrangements to continue unhindered.

"When they operate smoothly, financial agreements, or pre-nuptial agreements, are an effective means of allowing couples to avoid or settle a dispute without having to enter the courtroom. This is beneficial to both the individuals involved and the court system in general."

"The Law Council has stressed that it is vital that any loopholes in the legislation are ironed out as a matter of priority," Mr Ray concluded.

Media Contact: Elenore Eriksson,
Director Public Affairs - 02 6246 3716 / 0419 269 855

GPO Box 1989
Canberra ACT 2601
Australia

Tel: 02 6246 3788
Fax: 02 6248 0639
Email: Law Council

Corrections required

I think it makes great logic for couples to decide, without debilitating court costs, how thier assests will be divided. Why should the court have to pay for judges/lawyers/the entire system when the people can decide themselves; without spending $100 000 to get a settlement? I'm surprised it took them so long…

Last edit: by Artemis


Rarghhhhhhhhhh!!!!!!!!!!!!

Han Solo routine "We're all fine here, thanks. How are you?" *weapons fire* "It was a boring conversation anyway!"
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