Australian Family Law Essays - 1930 Words

In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may†¦show more content†¦This historical definition was derived from the case of Hyde v Hyde and Woodmansee (1866) and denotes monogamous, heterosexual relationships; this restriction on the term ‘marriage’ ha s prevented the parliament from legislating in respect to de-facto and homosexual couples. However the Victorian Parliament has developed the Relationships Act 2008 (Vic) which recognises and registers the relationships between two people who aren’t married irrespective of ones gender. In the year 2010 there where 50, 240 divorces granted in Australia alone . Under the Family Law Act (FLA) a divorce can not be filed within the first two years of the life of the marriage without court permission, unless a certificate is filed with the application. This certificate would state the two individuals have considered reconciling with a marriage counsellor or an appropriate officer of the family court. There are three main grounds for divorce, which are listed under sections 48 to 50 of the FLA; it is asked whether the ‘consortium vitae’, the life blood of the marriage has ended. When a couple is divorcing there are many factors to be taken into consideration; such as, division of property and other assets and most importantly children. Since 2007 the Family relationship centre has been the first stop for family disputes, there are over 60 centresShow MoreRelatedSociological Explanations For The Divorce Phenomenon1154 Words   |  5 PagesWestern family is an increased incidence in divorce. Whereas in the past, divorce was a relatively rare occurrence, in recent times it has become quite commonplace. This change is borne out clearly in census figures. For example thirty years ago in Australia, only one marriage in ten ended in divorce; nowadays the figure is more than one in three (Australian Bureau of Statistics, 1996: p.45). A consequence of this change has been a substantial increase in the number of single parent families and theRead MoreSociological Explanations For The Divorce Phenomenon1154 Words   |  5 PagesWestern family is an increased inciden ce in divorce. Whereas in the past, divorce was a relatively rare occurrence, in recent times it has become quite commonplace. This change is borne out clearly in census figures. For example thirty years ago in Australia, only one marriage in ten ended in divorce; nowadays the figure is more than one in three (Australian Bureau of Statistics, 1996: p.45). A consequence of this change has been a substantial increase in the number of single parent families and theRead MoreLegal Studies Family Essay1491 Words   |  6 PagesWith respect to family, assess the ability of the legal system to respond to differing issues concerning values Family law is the most complex aspect of the Australian legal system as it is constantly under review and reform pursuing to adopt society’s continual change in values and principles. The changing of laws in an attempt to be parallel with society is a strenuous process. Nevertheless, legislations are reflective of contemporary society’s values and ethics. Numerous legal issues arise inRead MoreThroughout the world the majority of people identified with disabilities have been overlooked,1400 Words   |  6 PagesThroughout the world the majority of people identified with disabilities have been overlooked, hidden and ridiculed in the community (AHRC, 2013). Australian history demonstrates that in ‘dealing’ with this issue many individuals with disabilities have been placed in institutions and/or prisons and by sterilising many young girls (AHRC, 2013). The recent concern presented by Federal disability commissioner Graeme Inns, of the rise in sterilisation i n young girls with disabilities begs the questionRead MoreEssay on Necessity of Pre-nuptial Agreements within Australia987 Words   |  4 Pagesreduce post-marital disputes. (Queensland Broker Feb.2001) Pre-nuptial agreements are basically a financial agreement which are made before marriage. It can be signed by anyone who requires a different property division than that set out by the Family Law Act, and it conveniently deals with difficult issues such as the financial situation of each party before marriage, including share of property and debts and obligations of each party before marraige. It outlines possible future investments andRead MoreLegal Processes in Dealing with Domestic Violence1392 Words   |  6 PagesThe legal processes in dealing with domestic violence as a problem in a family relationship, address the complex and varied needs of all individuals involved. Domestic violence is an act whether physical or verbal that is violent and abusive in nature occurring in a domestic relationship. The Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 (Cth) addresses many significant and substantial areas of dealing with domestic violence further to this highlighting the complexRead MoreEssay about Maternity Leave in Australia524 Words   |  3 Pagesmaternity leave and prohibition against dismissal during maternity leave. Although a member of the ILO, Australia has never ratified its convention concerning maternity protection ---- we have no standard maternity leave provisions. Australian law entitles women to 12 months unpaid leave and for more than 25 years the Commonwealth Employees Act has entitled Commonwealth employees to paid maternity leave. About two-thirds of women in the workforce, however, are not entitledRead MoreIts Hard Being a Single Dad in America1494 Words   |  6 Pagesneeds to help out with single parenting. Australian Council of Social Service. Stop Cuts to Sole Parent Payments! N.p., n.d. Web. 05 May 2013. UN asks Australian Government to explain violation of single parents rights March 4, 2013 The Australian Council of Social Service today called on the Australian Government to detail its response to a United Nations request for it to explain the decision to cut the payments of over 80,000 single parent families. The UN Special Rapporteur on extreme povertyRead MoreFamily Law Essays1132 Words   |  5 PagesFamily law Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of legal and non-legal responses in achieving just outcomes for family members The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdownRead MoreThe Family Law Act 1975 ( Cth )1771 Words   |  8 PagesThe Family Court is a superior court which was first established in 1975 under the Family Law Act 1975 (Cth). This Act, as amended by the Family Law Reform Act 1995 (Cth) and the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), states that all children have a right to know, be cared for, and have regular contact with both parents and other ‘significant’ people. This is of course if it would be contrary to the child’s best interests. The Family Court ensures that each case and