Author

Alan Weiss - Aussie Divorce

30th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

There are five statutory presumptions provided by the Family Law Act

Modern technology such as In Vitro Fertilization has caused the rise of maternity to be questioned as well aside from paternity. There are five statutory presumptions provided by the Family Law Act (FLA):

  • Presumption of parentage if the parties are married
  • FLA Section 69P
  • A child born to a woman while she is married is presumed to be a child of the woman and her husband.
  • FLA Section 69P(2)
  • In case of annulment or death of the husband, if the child is born to the woman within 44 weeks of either event, the child is presumed to be that of the woman and the husband.
  • FLA Section 69P (3)
  • In case the woman and her husband separated but resumed cohabitation and then separated again and a child is born after the separation, the child is considered to be that of the woman and her husband if the child is born 44 weeks after their second separation.
  • Presumption of paternity if parties are cohabiting but not married
  • FLA Section 69Q
  • At any time during the period beginning but not earlier than 44 weeks and ending not less than 20 weeks before the birth of a child, during such period the woman cohabited with a man, the child is presumed to be the a child of the man. For this presumption to be maintained, it must be shown that the woman cohabited with the man at any time beginning 44 weeks and ending 20 weeks before the birth of the child.
  • Presumption of parentage from registration of birth
  • FLA Section 69R
  • If a person’s name is entered as a parent of the child in the Register of Births, the person is presumed to be a parent of the child.
  • Presumption of parentage from a court finding
  • FLA Section 69S
  • A person is conclusively presumed to be the parent of a child if during his lifetime a court:
  • Found expressly that the person is the parent of the child; or
  • Made a finding that could not have been made unless the person was a parent of a particular child; and
  • The finding has not been altered, set aside or reversed.
  • Presumption of paternity from the acknowledgment
  • FLA Section 69T
  • Father must have executed an instrument authorized by law acknowledging paternity. 

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Author

Alan Weiss - Aussie Divorce

30th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.