Preview

Evaluate How Effectively The Law Resolves Conflict In Family Relationships

Good Essays
Open Document
Open Document
1123 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Evaluate How Effectively The Law Resolves Conflict In Family Relationships
Essay: Evaluate how effectively the law resolves conflict in family relationships?

Family is a group consisting of two parents and their children living together as a unit. Family law is an important part of the legal system, it is a wide-ranging area of law governing behaviours in the context of the family. The importance of family law is the care and protection of its members, making sure family members are financially secure and that any children within the relationship are cared for. There are many different conflicts between family relationships such as, marriage and divorce, domestic violence and surrogacy/birth technology. However the effectiveness of the law in achieving justice for family members fluctuates depending on the structure of the family. By identifying the change in the values of Australian citizens the legal system has been able to change laws to best resolve family conflicts.
Marriage is a legal institution, and individuals who intend to marry must take into consideration the legal consequences of this union. Individuals need to understand the legal responsibilities if a separation occurs such as relationship breakdowns and divorce. Divorce is the legal termination of a marriage. Under the Family Law Act 1975 (Cth) the only grounds for divorce is the breakdown of the marriage. However prior to this, married couples who wanted to divorce had to apply under the Matrimonial cause Act 1959 Cth on the grounds of ‘fault’ such as
…show more content…
The main goal of law is to protect all individuals and reduce conflict between all relationships. However this isn’t always possible as society’s values and morals are ever changing. The law reform agencies do their best job in amending laws to fit all individuals in society, although sometimes even with many attempts in resolving conflict between family members nothing seems to work

You May Also Find These Documents Helpful

  • Good Essays

    One of the key legal acts that has defined the term marriage, relationships, divorce and…

    • 964 Words
    • 1 Page
    Good Essays
  • Better Essays

    Sociology 210 Unit 4 IP

    • 1273 Words
    • 6 Pages

    Attempting to define “Family” may seem to be a simple concept however, there is no simple definition. A family is a group of individuals that share a genetic and legal bond. A union But, for most people family is the symbol of so much more complicated than it may seem. Mayntz, (2006-2013)…

    • 1273 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Mitchel and Goody note that an important change since the 1960s has been the decline in the stigma attached to divorce; since the stigma is declining divorce becomes more socially acceptable. This allows couples to be more willing to resort to divorce as a means of solving their marital problems. Because divorce is now more common, it has become ‘normalised’ and the stigma attached has been reduced…

    • 463 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the 19th Century divorce was extremely difficult to obtain, more so for women. Eventually in 1923 grounds were equalised for men and women, but this was followed by a sharp rise in the number of divorce petitions from women. Again in 1972, the grounds widened to ‘irretrievable breakdown’ which made divorce easier to obtain and produced a doubling of the divorce rate overnight. The introduction of legal aid for divorce cases in 1949 lowered the cost of divorce. With each change in the law divorce rates have risen. The new right are against the introduction of new laws which make marriage easier as it breaks up the idea of a traditional family which they support. It lead to a trend in single parent households.…

    • 990 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Furthermore, another law that has affected family diversity is the Divorce Law Reform Act 1969. The divorce raw reform act made it easier for couples to get a divorce as this law states that couples can claim an ‘’irretrievable breakdown’’ of their marriage and be granted a divorce, rather than having to prove that their partner had deserted them, been cruel to them or been unfaithful. As a result the divorce rate shot up consequently affecting family type by decreasing the number of nuclear families and…

    • 425 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Divorce is defined as the legal termination of marriage. A divorce may be granted for one of the following reasons:…

    • 3093 Words
    • 13 Pages
    Better Essays
  • Good Essays

    Divors Rate in Canada

    • 923 Words
    • 4 Pages

    There was a time when one out of a human marriage’s used to end in a divorce. “ A divorce is like and ampulation: you survive it, but there’s less of you” by Margaret Atwood. It is a legal action between married people to terminate their marriage relationship. It can also be defined as the dissolution of marriage. In my opinion, for almost all people it is very hard to deal with this kind of situation. No one enters a marriage life believing that some day it will end up in divorce but due to their habits, feelings, misunderstandings most of the marriages are ending up. The divorce rates have increased since the Divorce laws has been introduced in 1968, 20% of all divorces in Canada are a repeat divorce for atleast one of the spouses. With that, the divorce rate for first marriages is lower than the divorce rate for all other marriages. There were 27,577 divorces in Ontario in 2001 and the statistics showed that the number of marriages are declining and the number of the families living in common- relationships are increasing, although these relationships also lead to marriage but are short lived.…

    • 923 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Fault-Based Divorce

    • 462 Words
    • 2 Pages

    Divorce laws govern the dissolution of a marriage. Every country has its own laws regarding divorce and, in fact, they can vary from state to state or province to province within a nation. Knowing your jurisdiction's laws can keep a bad situation from becoming worse, and save you future turmoil.…

    • 462 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Divorce can be defined as the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between married couples (Wikipedia, 2013). Divorce affects the couple and children (if any). The divorce is the most serious social problem that affects almost the entire life of the children and the couple, it also makes troubles like: sadness, despair, and unforgettable moments (Williams, 2013).…

    • 365 Words
    • 1 Page
    Good Essays
  • Good Essays

    Law Reform Essay Year 11

    • 636 Words
    • 2 Pages

    Law reform is the process by which the law is adapted and shaped over time to better reflect the social values that society feels are important. The law cannot stand still. A key function of the legal system is to respond to changing values and apprehensions within society, resolve issues as they develop, overcome problems that occur in legal cases or events, support equality and respond to scientific or technological developments. Law reform is crucial if the law is to remain significant to a changing society. There are a few conditions that give rise to law reform, these include, changing social values, changing composition of society, new concepts of justice, failure of existing law, international law and new technology. Agencies and mechanisms of law reform also assess the effectiveness of law reform.…

    • 636 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Relationship breakdowns include the separation and divorce of de facto and married couples. Parties involved with relationship breakdowns include the two parties separating as well as any children that resulted from the relationship. Although de facto relationships are not legally binding unlike marriages, the Australian legal system still has means to govern over disputes that arise over separation. The Family Law Act 1975 (Cth) (FLA) is the main body of legislation that oversees matters relating to disputes arising from relationship breakdowns particularly property and methods of resolving disputes. Other issues that emerge from relationship breakdowns may also relate to wills and property.…

    • 1148 Words
    • 33 Pages
    Satisfactory Essays
  • Better Essays

    Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are accelerating. The standard for care and protection of children is recurrently transforming. It is for these reasons that the law, “limps behind” those dynamic views of society.…

    • 1100 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Prior to 1975, divorce was an arduous process that required one of 14 grounds to be met. Society’s pleas for a more just divorce process were fairly met by the revolutionary legislation the Family Law Act 1975 (Cth), which introduced ‘no fault’ divorce – making the sole ground for divorce the ‘irretrievable breakdown of the marriage’. This act also ensures that nonfinancial contributions to a marriage are considered on the dissolution of the marriage, effectively achieving greater justice for women. However, many criticise this legislation for rendering divorce too easy, with 1/3 marriages ending in divorce…

    • 1241 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Evaluate the effectiveness of the Australian legal system in recognising and protecting the changing nature of the family’.…

    • 2303 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    In this essay I will be writing about what changes state policies and laws have made to the society and how they may affect family life by doing so. There are many policies/laws out there that have had an effect on family life and one of these was the 'Child Support Act' which led to the formation of the 'Child Support Agency'. Other policies/laws include the Family Law Act of 1996, Rewarding marriages with tax breaks, Working Families Tax Credit, and the attempt of the removal of child poverty. Among this I will be talking about the new right theory and their points and views on the family and what laws should be put in place.…

    • 911 Words
    • 3 Pages
    Good Essays