Australia The Dissolution Of A Marriage Is Governed By The Family Law Act Of 1975

Australia The Dissolution Of A Marriage Is Governed By The Family Law Act Of 1975

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In Australia the dissolution of a marriage is governed by the Family Law Act of 1975. This act covers the standard regulations for settling disputes concerning children and property, among other things, when a relationship has broken down. The main addition of the Family Law Act in 1975 was the addition of a no fault divorce. Prior to 1975 a misconduct was required for divorce and some examples of such include are adultery and cruelty. In the cases where it was mutual understanding a fault was required even though there may not have been a guilty party. In these cases faking fault was common just to get the divorce through and this was obviously illegal and frowned upon (Maley, 2012). What is interesting about Australia’s Family Law Act 1975 in particular is that a relationship breakdown is not just limited to married couples; it includes standards for what they call a de facto relationship as well. The act handles dissolution of a marriage the same way it would handle the dissolution of a cohabiting relationship. Although cohabitation is still a minority of the cases for couples, it is becoming more common (The Law, 2015).
A de facto relationship in their terms is defined as a relationship where the persons are not married or related and have a relationship as a couple living on a genuine domestic basis. A de facto relationship is determined by factors such as duration of relationship, extend of common residence, financial dependence, ownership of property, mutual commitment, and support of children. Another important note is that such de facto relationships can exist between different or same sex couples and even exist if one person is married or in another de facto relationship (Family Law – Sect 4AA).
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...o marriage both positively and negatively affects the risk of dissolution. Cohabitation serves as both a marriage test and a relationship form that is less of a commitment for both parties (Bracher, et. al, 1993). Job loss negatively affects the risk of dissolution for families in Australia. Whether the job loss is due to a temporary, a dismissal, or a redundant job loss; data supports that this greatly increases the chance of divorce (Doiron, Mendolia, 2011). One factor that decreases the risk of dissolution in some cases are children under the age of six years old. The demand of the woman to take care of the child creates dependence for her to stay with the husband. In rural areas where women have less opportunity to seek employment they are more likely to stay in the marriage and the opposite is true for women with more opportunities (Bracher, et al., 1993)

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