When parenting orders are made by the court under the Family Law Act 1975 the best interests of the child are central to any arrangements. Parents are encouraged to use this principle when trying to negotiate parenting plans. Unless an exemption applies, parties are required to attend family dispute resolution or mediation if possible, prior to beginning legal proceedings.
When dividing property in Family Law, an approach that involves four steps is taken.
1. All assets and debts of the relationship are included to make a property pool (at this stage there is a process of obtaining valuations of assets and disclosure by both parties of all financials, including bank accounts, superannuation and business financials).
2. The contributions of each party, including non financial contributions are regarded.
3. The future needs of each party are taken into account.
4. The court needs to be satisfied that any orders are 'just and equitable'.