Third Parties in Family Law Proceedings

A common misconception in family law matters is that the legislation covers only married couples, de facto spouses and parents of children. Under the Family Law Act 1975, there is provision for third parties to join or be joined to the proceeding.

Who can be a Third Party?

Third parties can be:
• a company or trust entity that is directly related to the parties (for example, a company of which they are both directors); or
• an unrelated entity (for example, where the parties have a financial relationship with the entity but are not an office holder of that entity); or
• an individual such as parents, children, siblings and business partners of either party to the relationship.

It is common for a long-standing family business to play a leading part in the assets and financial resources of the relationship. In parenting proceedings the third parties are usually extended family members who are seeking Parenting Orders, but sometimes public child protection authorities become involved in cases, particularly in cases where there are allegations that neither of the parents is able to provide appropriate care for the child. This means elderly parents of a separated child can be drawn into court proceedings as the trustees or appointors of a family trust and/or directors and shareholders of a family company that their child worked for during the relationship.

How Do Third Parties Become Involved?
Third parties may be involved at their own election in order to protect their own interests in the outcome, or they may be joined into proceedings by one of the primary parties to the dispute. On occasions the Court will require that third parties be given notice of proceedings so that they can be afforded an opportunity to participate, particularly where the outcome of the proceedings is likely to affect their rights.

If you would like to know more about third parties in family law proceedings or find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Alternatively, you can check out our website at www.straitslawyers.com to find out more.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.