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

Length: 1397 words (4 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

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).
The check...


... middle of paper ...


...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)

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Australia 's Racial Vilification Act ( 1975 ) Essay

- In recent years there have been calls from community leaders across Australia to make amendments to Australia’s Racial Vilification Act (1975), with some arguing certain aspects of it should be modified to promote freedom of speech, while others contend the Act does not do enough to protect certain groups from racism. In March 2014, Attorney-General George Brandis announced plans to repeal Section 18C of the Racial Vilification Act (Lillebuen, 2014), which makes it “unlawful to offend, insult, humiliate or intimidate another person or a group of people because of race, colour or national or ethnic origin” (Brett, 2011)....   [tags: Race, Racism, Freedom of speech, Hate speech]

Strong Essays
1601 words (4.6 pages)

Essay on The Law Council Of Australia

- Good afternoon ladies and gentlemen, my name is Tully Skinner and as the President of the Law Council of Australia, it gives me great pleasure to welcome you all to the 2014 National Access to Justice and Pro Bono Conference (Wright, 2012). There is a crisis in our legal system, threatening the unalienable right of the Australian community to seek salvation and justice within our legal system. This can be directly attributed to the nonfulfillment of one fundamental and constitutional decree; justice for all (Cannon, 2013)....   [tags: Lawyer, Law, Legal aid, Public defender]

Strong Essays
1548 words (4.4 pages)

The Differences Between Australian Public Representations Of The Refugees Before 1960 And Boat People ' After 1975

- What is the difference between Australian public representations of ‘displaced people’ before 1960 and ‘boat people’ after 1975. Thesis statement: The refugee influx has been a major concern in Australia and the immigration policies have caused a number of debates and controversy since World War II. The change of these policies revealed society 's attitudes toward race, cultural factors, labor needs. During the post World War 2, the White Australia Policy was a significant factor influenced the immigration policies ; the Act prevented the non-Europe and non-White immigrating to Australia....   [tags: Refugee, Australia, World War II, Immigration]

Strong Essays
881 words (2.5 pages)

Australian Consumer Law within the Competition and Consumer Act 2010 (ACL)

- Australian Consumer Law is a uniform law nationally, meant to protect the consumer and help them have a fair trading environment. It has three general protections which are; specific bans on unconscionable conduct in some business transactions and consumer transactions, and a general ban on unconscionable conduct in commerce or trade, a general ban on deceptive or misleading conduct in commerce or trade, and a provision that nullifies unfair contract terms in consumer contracts . This paper is a discussion about Australian Consumer Law, focusing on what it is, how it is applied, the difference from the previous law, its sections; specifically section 18, the effect on State laws, and its lim...   [tags: australia, consumer law, state laws]

Strong Essays
1948 words (5.6 pages)

Family Law Disputes And The Dissolution Of A Marital Relationship Essay

- According to Statistics Canada, nearly forty percent of Canadian marriages will end in divorce by the time a couple reaches thirtieth anniversary. Moreover, this number does not include cohabiting couples, which if included, would ultimately increase the dissolution rate. Considering the fact that only three percent of cases proceed to trial, negotiation of family law disputes would seem like an ideal solution, particularly considering the fact that the family law matters are perhaps amongst the most complex and highly contested matters as they encompass a wide variety of issues that include but are not limited to, economic, physical, psychological, and emotional issues....   [tags: Negotiation, Dispute resolution, Mediation]

Strong Essays
994 words (2.8 pages)

The Principles Of Law Fashionable Within The Commonwealth Of Australia Essay

- Executive Summary: This exercise has been structured so as to debate the assorted principles that represent the operating of the organization. The exercise chiefly takes into thought the assorted principles of companies Law fashionable within the Commonwealth of Australia. The report has been framed from the quantity of educational and profound resources that are relied upon in course of the current discussion so as to grasp the problems concerned during a higher manner are punctually and properly acknowledged per se....   [tags: Law, Corporation, Constitution, Common law]

Strong Essays
2029 words (5.8 pages)

Essay on Should Euthanasia be legalised in Australia?

- The term Euthanasia is derived from the Greek roots, taking the words ‘eu’, meaning good or well, and ‘thanatos’, meaning death, to create the term “good death ”. (Definition of Euthanasia . 2011) The term ‘Euthanasia’ is not defined specifically within Australian Legislation, however the generalised definition states that Euthanasia is intentionally taking another person’s life by the means of a direct action or depriving a person of the medical care needed to preserve life. (Euthanasia: What Does It Really Mean....   [tags: Ethical Issues, The Australian Law]

Strong Essays
2093 words (6 pages)

The English Invasion Of Australia Essay

- The English Invasion of Australia Aborigines have had been in Australia about 60,000 years before the first wave of Englishmen landed in 1770. Around that time There were 300,000 to 750,000 Aborigines inhabiting the continent. However, in 1911, there were only 31,000 Aborigines that survived the invasion. The British declared that Australia was terra nullius, meaning, without human inhabitants, and thus justify the dispossession of indigenous lands and plundering the continent....   [tags: Indigenous Australians, Australia]

Strong Essays
1031 words (2.9 pages)

Legal Memorandum on the Dissolution of Marriage Essay examples

- Legal Memorandum Topic Dissolution of marriage including child support and custody issues Facts Forest and Olive Green have decided to obtain a dissolution of marriage, after twenty years of marriage. She and Mr. Green have already had several arguments concerning child support arrangements for their children Kelly Green, age 14, and Moss Green, age 10. Mrs. Green thinks that it would be best for the children if she and Mr. Green had joint custody of the children. Along with this, Mrs. Green wants to be able to receive child support from Mr....   [tags: Law Case Studies]

Strong Essays
2201 words (6.3 pages)

About Australia Essay

- About Australia Australia, island continent located southeast of Asia and forming, with the nearby island of Tasmania, the commenwealth of Australia, a self governing member of the Commenwealth of Nations. The commenwealth of Australia is made up of six states--News south Wales, Queensland, South Australia, Tasmania, Victoria, and Wester n Australia--and two territories--the Australian Capital Territory and the Northern Territory. Australia, including Tasmania but excluding external territories, covers a land area of 7,682,300 sq....   [tags: Australia Economy Population Culture Trade Essays]

Strong Essays
4459 words (12.7 pages)