Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
Marriages What are the elements of marriage? |
1. Man and Woman 2. To the exclusion of others 3. Voluntarily entered into 4. For life |
|
|
Marriages What act governs marriages? |
Marriage Act 1961 (Commonwealth) |
|
|
Marriages What is bigamy and what act and section governs bigamy? |
Bigamyis when someone marries someone while still married
Orwhen someone marries someone knowing that they are married. CriminalCode s360 QLD |
|
|
Marriage What things would mean that the test of “voluntarily entered into” was not met? |
- Duress (forced) - Fraud - Mistake (they did not know it was a marriage ceremony) - Didn't have the mental capacity to understand what was happening |
|
|
Marriage Who may marry in Australia? |
Residents are able to marry if they are: 1. Marriageable age (over 18) 2. Not married to anyone else 3. Prohibited (blood siblings,descendants) 4. Genuine consent of the marriage |
|
|
Marriage 2 What is an annulment? |
Anannulment is a declaration that a marriage never existed/invalid. |
|
|
Marriage 2 What is a divorce? |
Adivorce is a legal dissolution in a marriage. |
|
|
Marriage 2 What are the differences between a no-fault and a fault divorce? |
A fault divorce is when there are grounds for divorce. A no fault divorce is when both parties have differences and have no major reason for divorce, but feelings. |
|
|
Marriage 2 What is the current legislation governing divorce in Australia? |
MatrimonialCauses Act 1959 (COMMONWEALTH) |
|
|
Marriage 2 What are the grounds for divorce in Australia? |
- adultery -cruelty - rape - drunkard - refusal to consummate - desertion (for at least two years) - imprisonment (for at least three years) - mental illness and confinment (least 5 years) - seperation (least 5 years) |
|
|
Children Relevant legislation for disputes concerning children |
Family Law Act 1975 (CTH) |
|
|
Children What are orders? |
The court can order parents/parties involved what to do. The normal orders that courts make are: |
|
|
Children What is the presumption? |
A presumption is that it is in the best interests of the child for the parents to have equal shared parental responsibility, except where there is family violence or abuse. |
|
|
Children What are best interests of a child? |
When the court is making a parenting order, the court must consider the best interests of the child. Meaning that what decision is best for the CHILD. |
|
|
Children What factors are considered in cases concerning children? |
The best interests of a child are determined with two tiers of consideration Primary: The benefit of children having a meaningful relationship with both parents The need to protect the children from physical or psychological harm, and to not be exposed or subject to abuse, neglect or violence. The requirement to give greater weight to the final consideration of the need to protect children from harm Additional: The child's views/opinion, based on their maturity and level of understanding The childs relationship with each parent The effect on the child when it comes to the separated circumstances, friends, family, etc. The parents ability to provide for the childs needs |
|
|
Children What is a parenting order? |
A parenting order is the same as an order, except when it comes to children. Normally the court will make a decision about the child based on the best interests of the child. Typical orders are: the child must live with the mother (or father) the child must spend time with the (mother or father) as agreed by the (custodial parent) or at set times or other orders such as how the school holidays are divided up number of telephone calls a parent can make what parent discusses health with the other parent |
|
|
Defacto What is a defacto couple? |
A defacto couple is a couple that has not gotten married yet, but has lived with each other for a long peroid of time or have a child. |
|
|
Defacto How does the court decide whether a defacto relationship exists? |
a. the duration of the relationship b. the nature and extent of common residence c. whether a sexual relationship exists d. degree of financial dependence between them e. ownership of their property f. degree of mutual commitment g. whether or not registers under prescribed law h. care and support for their children i. reputation of their relationship |
|
|
Wills What is a will? |
A will is a legal document under which a persons property, which when at the persons death passes on their beneficiares. |
|
|
Wills What legislation governs distribution of property? |
Sucesssion Act 1981 (QLD) |
|
|
Wills What is a testator? |
The person making a will. |
|
|
Wills What does intestate mean? |
When a person dies without having a will made. |
|
|
Wills How is property divided if a person is intestate? |
It is given to spouse and children. If there is a spouse but no children, then the spouse takes the whole of the estate. If there are children: 1 child: spouse takes half of estate and child gets remainder of estate 2 children or more: spouse gets one-third, children gets two-thirds which are shared equally among themselves |
|
|
Wills What are the requirements of a valid will? |
a. in writing b. signed by the testator c. signed by at least two witnesses d. made freely without any influence |
