The Marriage Act 1961 ( Cth )

Decent Essays
Family Law is a diverse and ever changing area of the law in Australia, encompassing many aspects that society takes for granted. Some aspects of Family Law include; Marriage, Divorce, Wills, and Powers of Attorney. In this inquiry, Marriage will be discussed, taking an interesting look into the definition of marriage and if it is valid in today 's twenty-first century society. The inquiry will also look at the union of same-sex couples, and whether the marriage definition should be amended to include same sex unions. Marriage in Australia is regulated by the federal government, therefore making it Commonwealth Legislation. The legislation that regulates marriage is known as the Marriage Act 1961 (Cth).

Marriage is defined in S46 of the Marriage Act 1961 (Cth) as “... the union of one man and one woman to the exclusion of all others, voluntarily entered into for life”. The four aspects mentioned in this definition are required for the marriage to be legally recognised. A breakdown of the elements provides insight into how these aspects are achieved. The first aspect of marriage is that it is between one man and one woman, thus excluding same-sex couples, the second aspect is the the exclusion of all others meaning the marriage is between two people only, this removing the chance of polygamy and the crime of bigamy, this crime being legislated in the Criminal Code 1899 (QLD). The next two aspects are usually mentioned together these being voluntarily entered into, and for

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