Family lawWhy is it so difficult to define the term family?It is difficult to define the term family because recently circumstances have changed and families are no longer only made up of a mother and father with children.Define the term marriage.Marriage can be defined as the union between a man and a woman, to the exclusion of all others, voluntarily and entered into for life.List the factors that will determine a valid marriage briefly explain each factor. Union of a man and a woman (must be a man and a woman) Exclusion of all others (just between two parties) Voluntary (they are getting married by choice) Entered into for life (till death)For a valid marriage-marriage is for a man and a woman who are not married at the time of the marriage.-17 years old or parental/court appeal in some exceptional cases if a person is 16 or 17 years old.-No marriage between a person who is an ancestor or descendant, brother or sister, Mother, father, grandfather, grandchild and adopted relationships, half-relationships and cousins.-consent to marry must be voluntary and knowingly.-not under duress (forced or constraint or threat of violence, not pressured from family.-no fraudulent intent-must provide real consent-2 witnesses are 18 years old-marriage and be properly solemnised and registeredA minister of religionState or territory officers and state register office. Local courts in rare cases.Civil marriage celebrantCouple who are married by an unauthorized person are still legally married.Laws regarding engagement-Notice of intention to marry-Of at least one party must be 18 or over.2. Marriage is the union of a man and woman, with the exclusion of all others, voluntarily and entered into for life. 2004 Hyde v Hyde3. Corbett v Corbett impacted common law by making a requirement of marriage being legally a man and a woman.4. In making the decision the court took into account more than Kevins biological characteristics. It considered his brain sex, and cultural or lived sex, and determined that at the time of marriage Kevin was a male. Provided guidelines for determining a persons sex at the time of marriage.7. Elements for marriage are she is 18; she is on Australian land, marriage celebrant present. Elements against marriage are she had another husband, only had one witness present. What are domestic relationships?A domestic relationship is a relationship between two consenting adults who are not married to one another or registered in another relationship. One or both of the persons in the relationship provides personal or financial commitment and support of a domestic nature for the other. It applies irrespective of gender or whether less than one roof lives. Same sex or heterosexual couples that register their relationship with the registrar of births, deaths and marriages. When registered the couple is given a certificate.What is a domestic partner?A domestic partner is a person who is in a registered relationship with another person. Must live under one roofAre same sex marriages legal In Australia?No, same sex marriages are not legal in Australia.How has the legal system responded to the issue of same sex marriage?9.21. The family law act 1975 creates less blame and hostility by recognising that both sides are often at fault in a divorce.2. The concept of the no-fault divorce is that both sides are at fault.3. The only ground for divorce that a couple must prove is that there has been an irretrievable breakdown in the marriage.4. A married couple must be separated for 12 months before they can get divorced.5. Separates before adds up to after.6. Financial reasons for the childs sake must be evidence of two households.7. A divorce takes 1 month to become effective.

1975 Family law act-Based on no-fault-Ground for divorce (marriage irretrievable breakdown)-Before this there were 4 grounds for divorce, the most common grounds were: Desertion for 2 years Constant drunkenness Conviction for a serious crime Insanity Cruelty Adultery Separation for 5 years Divorce 1. The dissolution of marriage where there is no need to prove fault by either party.2. The marriage has to have broken down and be irretrievable. And separated for at least 12 months. Annulment to make a marriage void. Decree nisi 3. The purposes of divorce are: The need to preserve and protect the institution of marriage as the union of a man and woman to the exclusion of all others. The need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society. The need to protect the rights of children and to promote their welfare. The need to ensure safety from family violence. The means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship with each other and with the children.4. The division of property when a divorce is granted is based on the indirect and direct contributions made during the marriage to the property.5. A parenting plan is need when a couple regardless of being married have children and need to plan on how theyre going to raise them.6. Everything is considered when implementing such plans.

The family court of Australia

Family relationship centres

Family counselling

Family dispute resolution centre

Collaborative lawLegal reps sit down and discuss how theyre going to solve the dispute.SAC revisionLegal principles of marriage Maintain and support each other Maintain, support and educate the children of the marriage up to a minimum age Agree to joint ownership of property unless special circumstances exist Have property transferred to their spouse and/or children on death (particularly in the absence of a will) Be able to give evidence in most legal cases involving their spouse Be seen as next of kin when either parent under medical procedures Be able to bring proceedings in contract or in tort against the other party

Type of familiesNuclear families (domestic partners including married couples, de facto couple and same-sex couples and domestic partners with children), extended families and one-parent families

Legal definition of marriageThe union of a man and a woman to the exclusion of all others voluntarily entered into for life.

Requirements of a legal marriage Marriage is for a man and a woman who are not married at the time of the marriage. 17 years old or parental/court appeal in some exceptional cases if a person is 16 or 17 years old. No marriage between a person who is an ancestor or descendant, brother or sister, Mother, father, grandfather, grandchild and adopted relationships, half-relationships and cousins. Consent to marry must be voluntary and knowingly. Not under duress (forced or constraint or threat of violence, not pressured from family. no fraudulent intent must provide real consent 2 witnesses are 18 years old marriage and be properly solemnised and registered A minister of religion State or territory officers and state register office. Local courts in rare cases. Civil marriage celebrant Couple who are married by an unauthorized person are still legally married. Laws regarding engagement Notice of intention to marry Of at least one party must be 18 or over.Domestic partners and their rights A domestic partner is a person who is in a registered relationship with another person. Must live under one roof. Domestic relationships are between two consenting adults who are not married to one another or registered in another relationship (heterosexual or same-sex couples). To lodge a statutory declaration, both persons must give consent and meet all requirements for a registrable relationship. Once registered, the couple will be given a certificate. Domestic partners have the same rights as a married couple.Decree of nullity Legal procedure for declaring a marriage null and voidDecree Nisi An application for a divorce is made to the family court of Australia or to the federal magistrates court. In cases where there are no children and the couple are in agreement about divorce matters then the divorce application is processed without a court hearing. In contested cases, the parties must attend court. Most evidence is submitted in written form. Oral evidence can be given, but this is rare. When court has decided that a divorce should be granted, a decree of dissolution of marriage, commonly known as a divorce order, is issued. The order takes effect one month after it is made.Aim of family lawDsGrounds for divorce1975 Family law act-Based on no-fault-Ground for divorce (marriage irretrievable breakdown)-Before this there were 4 grounds for divorce, the most common grounds were: Desertion for 2 years Constant drunkenness Conviction for a serious crime Insanity Cruelty Adultery Separation for 5 years

Parenting plans and protection of childrenA written agreement that is made between the parents of a child and deals with who the child should live with, times of contact, maintenance and any other aspect of parental responsibility. A parenting plan is need when a couple is in a relationship where kids are a concern. A consenting order covers parenting arrangements and other issues such as division of property and maintenance, these orders are legally enforceable. Methods and institutions for resolving disputes-Family Court of Australia:Deals with divorce applicationsSpouse maintenance issues,Parenting plans,Property settlements,Injunctions related to family law-Family Relationship Centres:Provide advice and support to familyTo help people maintain healthy relationships and good parentingMediation is provided to resolve family disputes-Family Counselling:Helps people with relationship difficulties relating to children, marriage, separation and divorceIt is confidential unless any indication of child abuse is reported-Family Dispute Resolution Centre:To sort out problems relating to separation and divorceThey will not take any sidesCompulsory to attend before applying a parenting order-Collaborative Law:Removes threat of litigationProvides support of legal representationsEncourages trust and alliance between partiesAims to achieve results based on the needs of the parties

Direct and indirect contribution of to division of propertyThe court will consider all property owned by the parties even if it is registered in the name of one spouse or partner only. If the other person contributed to or assisted in the acquisition of the property, either directly or indirectly, then the court will order that the property is included in the financial settlement and divided accordingly.Shared parenting definition and aimsWhile the act retains the fundamental principle that decisions must reflect the best interest of the child, the law now also presumes that it is beneficial for a child to have equal and shared parenting arrangements unless there is evidence to the contrary.