Family Law

Front 1

What Legal Precedent did 'Hyde v Hyde and Woodmansee' establish?

Back 1

Hyde v Hyde and Woodmansee established the common law definition of marriage, defining it as the voluntary union of a man and a woman to the exclusion of all others. This was applied in England and used in the Marriage Act.

Front 2

How does Australian Family Law currently treat same sex couples?

Back 2

-On the 9th of December 2017 the Marriage Act 1961 redefined the marriage laws to "union of 2 people to the exclusion of all others, voluntarily entered into for life."

-The right to marry under Australian Law is no longer determined by sex or gender.

-Same sex couples who are married will be recognized as married for the purposes of the Family Law Act 1975.

Front 3

What legal principle was established by 'Corbett v Corbett'?

Back 3

-The judge determined the legal status of April Ashley and all transsexual people.

-The result of this test (which defined Ms Ashley, a successful female model, as a man) was used to define the sex of transsexual people until the introduction of the Gender Recognition Act 2004.

Front 4

What Legal principle was established by "Kevin and Jeniffer v As attorney General Commonwealth"?

Back 4

In this trial, the judge based most of his argument on the ruling of Corbett. He decided that marriage is not purely sexual, and that the ability to have children was not required.

-He said the ruling of Corbett ignored the psychological and social impact of gender.

Front 5

5 formal requirements for a valid marriage in Australia NUMBER 1

Back 5

1. Marriage Age-

By law both females and males bust be at least 18 years of age in order to marry. A person under 18 is usually unable to understand the seriousness of the marriage ceremony and the commitment.

Front 6

5 for a requirements for a valid marriage in Australia NUMBER TWO

Back 6

2. Pre-marriage counseling

-it is not a legal requirement to seek counseling before a marriage but it may benefit them. They discuss issues they may have never discussed beforehand and think about issues before they commit to one another.

Front 7

5 for a requirements for a valid marriage in Australia. NUMBER THREE

Back 7

3. Prohibited relationships

-A relationship between a person and a ancestor of that person or a relationship between a brother and a sister (includes step brother and step sister) is considered a prohibited relationship.

-Relationships created ONLY by marriage are not restricted.

Front 8

5 for a requirements for a valid marriage in Australia NUMBER 4

Back 8

4. The marriage ceremony

-there are no restrictions on where or when a marriage can take place but Section 41 of the Marriage Act states that the ceremony must be conducted by an authorized celebrant.

Front 9

5 for a requirements for a valid marriage in Australia. NUMBER 5

Back 9

5. Effect of the ceremony

-The ceremony creates rights and responsibilities within a marriage. A Marriage will cancel at Will that either of the parties have previously made and will lead to a new Will they should make.

Front 10

Characteristics of a pre-nuptial agreement

Back 10

-a pre-nuptial agreement allows couples to agree on how their property and money are dealt with.

-it also allows couples couples to agree on how child support and rules within the relationship will be handled.

-both parties must obtain independant legal advice before signing the document in order to see whether the agreement is reasonable and fair.

Front 11

Distinguish between annulment and divorce.

Back 11

ANNULMENT: where a marriage is cancelled.

DIVORCE: legally recognized ending of a marriage.

To CANCEL a marriage means the law regards the marriage as never having occurred, therefore the marriage is ANNULLED.

Ending a marriage I'd usually an agreement by the parties to divorce.

Front 12

Differences between divorce

Back 12

-Matrimonial Causes Act:

*first legislation to discuss divorce.

*This act made 14 rules which a person could use to file a divorce.

*Person wanting to divorce had to prove that his or her partner was guilt of one of those 14 reasons.

*system known as FAULT BASED DIVORCE because you had to prove your partner was at fault before divorcing.

FAMILY LAW ACT -

*Most important change: it was no longer necessary to prove that your partner was at fault to divorce.

*Only evidence needed was that you and partner have been living separately for 1 year.

*System known as NO FAULT DIVORCE.

*1 year period is designed to give couples a chance to resolve issues. If issues cannot be resolved the law finds divorce appropriate.

Front 13

What does 'to live separately and apart' mean

Back 13

*one or both parties have reached a decision that the marriage is over and have acted on this decision.

*in order to 'live separately and apart' they must both not undergo sexual relationships and must be separated for one year, whether they still live together or not.

Front 14

Is it possible to file a divorce even when couples continue to live under the same roof?

Back 14

Factors include

1. Whether one party has reached a decision that the marriage is over & has acted on it

2. Whether the parties have sexual relations

3. Whether the parties go out in public as husband and wife

4. Whether they provide the love and support for one another as would be expected in a marriage

Front 15

What is a parenting plan?

Back 15

A voluntary agreement between parents which sets out the living arrangements of the children (RESIDENCE) as well as when the children will see the NON- RESIDENTIAL parent (contact).

Plan may also discuss which parent will make day to day decisions for the child.

Front 16

Why were the previous Child support laws so controversial?

Back 16

The old system didnt allow an amount of contact the non residential parent had with the child.

It also assumed that across the income range, parents spent the same percentage of their income on their children, which is incorrect.

They didnt take into account the age of the children for rates or the fact that either parent may be in a new relationship.

Front 17

What are the principles used in the 2006 Child Support Reforms?

Back 17

Children should enjoy the benefit of some of the income of each parent similar to the pay which they would have received with their parents still being together.

Front 18

Guiding principles in property settlement and divorce.

Back 18

1. Financial contributions -money payments made by a party to buy a property

2. Non financial contributions- non money contributions made

3. The parties present and future needs and means.

Front 19

Why was the shared Parenting act introduced.

Back 19

Unhappy non residential parents, shared responsibility