The Role Of Divorce In Australia
Society places laws upon different family arrangements to ensure that members of all families have legal protection. Marriage is the union of man and women to become husband and wife. However, when a couple undergoes divorce, in order for each individual to achieve justice, there are various laws that come into place. The laws regarding dissolution are: Family Law Act 1975 (Cth) and Property (Relationships) Act 1984 (NSW).
The Family Law Act 1975 (Cwlth) is a statute that governs divorce law. Under this act there is only one ground for divorce and this is to prove that there has been an irretrievable breakdown of marriage, which means that the marriage has broken down to such an extent that it cannot be put back together. Divorce breaks …show more content…
According to the Property (Relationships) Act 1984 (NSW), when deciding on how to divide the property after the end of a marriage, the court will consider four things: the financial contribution of each party, the non-financial contribution of each party, the future needs and obligations of each party and whether or not there is a pre-nuptial agreement. Under the Property (Relationships) Act, the court should divide the property in a way that is just and equitable, based on the partners contributions to the property, both financial and non-financial, and their contributions as homemaker and parent to the welfare of the family. For example in the Theodoropoulos v Theodosiou (1996) case one party got a greater share of the property based on their need for it in the …show more content…
Both parents separately have responsibility for their children. The best interests of the child are of dominant consideration. When deciding what is in the best interest of the child the court will consider the following: the wishes of the child, whether the order made is likely to lead to further dispute, the effect of the separation on the child, the nature of the relationship between the child and the parents and the need to protect the child. The court may order that a child’s interests be separately represented by an independent children’s lawyer. The lawyer’s duties include putting the child’s views before the court and minimising as far as possible the trauma of the
The Family Law Act 1975 (Cwlth) is a statute that governs divorce law. Under this act there is only one ground for divorce and this is to prove that there has been an irretrievable breakdown of marriage, which means that the marriage has broken down to such an extent that it cannot be put back together. Divorce breaks …show more content…
According to the Property (Relationships) Act 1984 (NSW), when deciding on how to divide the property after the end of a marriage, the court will consider four things: the financial contribution of each party, the non-financial contribution of each party, the future needs and obligations of each party and whether or not there is a pre-nuptial agreement. Under the Property (Relationships) Act, the court should divide the property in a way that is just and equitable, based on the partners contributions to the property, both financial and non-financial, and their contributions as homemaker and parent to the welfare of the family. For example in the Theodoropoulos v Theodosiou (1996) case one party got a greater share of the property based on their need for it in the …show more content…
Both parents separately have responsibility for their children. The best interests of the child are of dominant consideration. When deciding what is in the best interest of the child the court will consider the following: the wishes of the child, whether the order made is likely to lead to further dispute, the effect of the separation on the child, the nature of the relationship between the child and the parents and the need to protect the child. The court may order that a child’s interests be separately represented by an independent children’s lawyer. The lawyer’s duties include putting the child’s views before the court and minimising as far as possible the trauma of the