Family Law

12 Pages 2960 Words

-FAMILY LAW ESSAY-

“EVALUATE THE EFFECTIVENESS OF THE LEGAL SYSTEM IN RECOGNISING, REGULATING AND PROTECTNG THE MANY TYPES OF FAMILIES THAT EXIST”

A family is defined as 'two or more persons, one of whom is at least 15 years of age, who are related by blood, marriage (registered or de facto), adoption or fostering, who are usually resident in the same household' (ABS). The Family Law Act 1975 protects this concept of 'Family'. However, often the effectiveness of the legal system in recognising, regulating and protecting the different types of families that exist is debated. The most common types of families that exist in the Australian society today are marriages, de facto relationship, ATSI and customary marriages and same-sex relationships. Historically, the concept of 'Family' that was recognised by the legal system differed largely to the one that is present today. Women in the past were often on the wrong side of the scale where marriages and divorces were concerned and alternative family arrangements were not recognised in the law, given them little or no regulation and protection. However over time as the society's morals and ethic changed about 'Family', the law was amended to recognise, regulate, and protect the changes, increasing the effectiveness of the legal system in these family arrangements.

A marriage is 'the union of a man and women voluntarily entered into for life to the exclusion of all others'. This was defined in the case of Hyde v Hyde and Woodmansee (1866) and is corporated into the Marriage Act 1866 (Cth). The Marriage Act sets down the requirements of a valid marriage, a marriage will be valid only if neither are under the age of 18 years/with parental consent (between the age of 16-17)/permission from a judge if consent is withheld; neither are related in a prohibited way that is related by blood (ancestor, descendant, sister/brother, uncle/aunt, niece/nephew); neither is already married...