Family Law

12 Pages 2960 Words

to someone else; are of opposite sex; neither is under duress; neither is misled as to identity of the person he/she is to marry or the nature of the ceremony; both understand fully what he/she is doing; a notice of intention to marry must be given one month prior and not more than six months before the marriage is to take place; marriage ceremony must be formed by an authorised person, two witness over the age of 18 and a signed marriage certificate. If any of these requirements are not meet, the marriage will be declared void. A marriage could also be declared void if sexual intercourse had not taken place, this is defined in the Matrimonial Causes Act 1959 (Cth). Marriage is essentially a contract and a hundred years ago common law regarded the husband and wife as unito caro (one flesh). This meant that a husband could have sexual intercourse with his wife whether or not she wished to. It also meant that he could beat her and lock her up but she could not sue him for any damages to her or her property. This has changed through the Matrimonial Causes Act 1959 (Cth) and Crimes Act 1900 (NSW) recognising the right and obligation, regulating these rights and protecting both spouses from harming the other physically or mentally as it is morally and ethically unacceptable in the society.

Australia is home to its indigenous people, the Aborigines and Torres Strait Islanders, who marry according to their customs. But ATSI and customary law marriages do not fulfill the requirements for a valid marriage and therefore are not valid in the eyes of the law. These marriages are not recognised as legal marriages for the purpose that; the marriages do not comply with the formalities prescribed by the Marriage Act, the polygamous nature of marriages are excepted, one or other of the parties (usually the wife) did not give real consent to the marriage as it was arranged marriage and the parties concerned were required to marry, at tim...