Premium Essay

Australian Family Law

Submitted By
Words 1197
Pages 5
it might be said:
I Introduction
At the end of a marriage or de facto relationship, if partners are unable to come to a mutual agreement relating to property interests, the Family Law Act 1975 (Cth) aims to provide the means by which to reach a ‘just and equitable’ financial outcome. Despite this clearly identified aim set out by the legislation, the Family Law Act has to a certain extent been unsuccessful in achieving this objective, because of its failure to acknowledge the consequences of the sexual division of labour in contemporary society.

By reference to the works of various socio-legal scholars and the relevant provisions of the Family Law Act/Marriage Act, this essay will explore the aforementioned failure of the family law in Australia …show more content…
In the context of family, it can be said that the family law itself plays a fundamental role in the development of societal ideas surrounding family. As such, although there is a general view in contemporary society that the nuclear family is in decline, the implications of family law continuing to uphold this type of family whilst also acknowledging the notion of equal partners, needs to be considered.

The existence of these two concepts (nuclear family and equal partnership) within family law, places the legal system at a crossroads whereby a complete acceptance that the nuclear family has been replaced by an egalitarian partnership, will lead the law to ignore the reality of the sexual division of labour. However, if the law continues to uphold the nuclear family form in the face of a changing social reality, this will perpetuate an unequal …show more content…
As per Poole’s contemporary division of matters into public, civil society and private categories, matters which occur in the ‘private’ sphere are said to be beyond the concern of the law. For this reason, the family law primarily only interferes in family relationships when they are coming to an end. The law interferes at this stage of the relationship because it seeks to contain the cost of the break-up to the private sphere, whereby if women and their children do not receive an adequate allocation of property following a break-up, the costs will be passed on to the public sphere in the form of social welfare payments. Historians and feminists alike have critiqued the constructed nature of these categories, which they argue ‘privatize family in a manner that is oppressive for women and

Similar Documents

Premium Essay

Australian Family Law Act 1975 (Cth)

...The Australian legal system acts in the interest of family relationships to ensure the family is financially secure and any children of the relationship are efficiently cared for. Many of the amendments made to legislations centre on enforcing parental responsibility and ensuring decisions are made in best interests of children. A function of the family is to care and protect its members. Our changing society has resulted in changing family structures. This has created a need in the community and law to reform and amend law in order to better protect society. The law has given married couples the option to separate and divorce for the benefit of their wellbeing and others. The law has put in place procedures during and after the fact of divorce...

Words: 1671 - Pages: 7

Free Essay

Welfare Rights

...concession cards: • Newstart Allowance • Austudy • Sickness Allowance • Pensioner Education Supplement • Youth Allowance • Mobility Allowance • Carer Payment • Commonwealth Seniors Health Card • Special Benefit • Health Care Card If you arrived in Australia or were granted permanent residence (whichever is the later) before 4 March 1997, you will not have to serve a two year waiting period. If you are an Australian citizen or you arrived in Australia before 4 March 1997 (or before 1 February 2000 if you are a New Zealand citizen - see below), and Centrelink decides that you have a newly arrived resident’s waiting period, contact a Welfare Rights Centre/Advocate for advice. □ Who is exempt from the newly arrived resident's two year waiting period? The newly arrived resident's waiting period may not apply to you if you: • hold or previously held a permanent refugee visa or a specified subclass of special humanitarian visa; • are a “family member”* of a holder or former holder of a permanent refugee visa or a specified subclass of special humanitarian visa; • were a “family member”* of a former holder of a permanent refugee visa or a specified subclass of special humanitarian visa at the time the former refugee or humanitarian...

Words: 2410 - Pages: 10

Free Essay


...Form Application for Australian citizenship General eligibility This information is provided to help you complete the application form and guide you through the application process. Important – Please read this information carefully before you complete your application. Once you have completed your application we strongly advise that you keep a copy for your records. There are 10 steps in the citizenship application process. Step 1 Eligibility – ensure that you meet the eligibility criteria Step 2 Residence requirement – check that you meet the residence requirement Step 3 Read the citizenship test resource book Australian Citizenship: Our Common Bond for the information you need to prepare for the citizenship test Step 4 Original documents – gather your original documents and have copies certified Step 5 Complete your application form Step 6 Lodge your application form with your nearest office of the Department of Immigration and Citizenship (the department) 1300t Step 1 – Eligibility You should use this form if you meet the general eligibility criteria for Australian citizenship, that is, you: • are aged 18 years or over and under 60 • are a migrant who is a permanent resident • satisfy the residence requirement (see Step 2) • are likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia, and • are of good character. The Citizenship Wizard on...

Words: 10898 - Pages: 44

Free Essay

System Analysis and Design Documentation Outline

...Islander peoples are the traditional custodians of the Australian land. About this application form Complete this form if you wish to apply for a: • Partner visa in Australia (subclass 820/801) • Partner visa outside Australia (subclass 309/100) • Prospective Marriage visa outside Australia (subclass 300). For the purpose of this application: • Partner means your spouse or de facto partner (including same-sex partners) • Fiancé(e) refers to the person you intend to marry. This is usually your sponsor, or sponsoring partner. If you are applying outside Australia, you will be applying to migrate. If you are applying in Australia, you will be applying for permanent residence. In this form, the term ‘migrate’ covers both. Before completing this form, you should read the detailed requirements in booklet 1, Partner Migration, which is available from the department’s website Further information on partner category migration is also available from or you can contact the department’s enquiry line (see information box on page 5). Life in Australia – Australian values The Australian Government encourages people to gain an understanding of Australia, its people and their way of life, before applying for a visa to live in Australia. This includes understanding that the English language, as the national language, is an important unifying element of Australian society. Australian society is also united through the following shared values:...

Words: 10886 - Pages: 44

Free Essay

Tim Hortons Financial Analysis

...assessing a Partner class visa application the Department of Immigration and Citizenship (the department) is required to consider the social aspects of the claimed relationship. Statements from persons who know you and your sponsor may be provided to support your claims. The department’s policy is that these statements be provided in the form of statutory declarations. This form is for this purpose. It is also the department’s policy that the person completing this statutory declaration form: • know both the Partner class visa applicant and their sponsor and the history of their relationship; • be aged 18 years or over; and • be an Australian citizen or Australian permanent resident. Evidence of the person’s Australian citizenship or Australian permanent resident status must be attached to this form (for example, a certified copy of the birth certificate, Australian passport or passport containing a permanent visa). Such evidence must show the current name of the person making the declaration. A person completing this declaration may be required to submit up to 3 separate declarations during the processing of the application to remain permanently in Australia. They may be contacted by the department for further comment and interview in relation to the information given in this form. Where there is insufficient space, please attach a separate sheet showing which questions the information refers to. In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory...

Words: 1228 - Pages: 5

Free Essay

Does Family Law

...Laurie Cha Does family law satisfy the functions of law requirements? 1) Social Cohesion i) Rights and value Family law satisfies the functions of law requirements as it protects and preserves societal values and human rights. For instance, the Commonwealth Parliament has passed the Marriage Act 1961 to give people fundamental right to marry as well as to establish a valid marriage. The Family Law Act 1975 has been passed as people are expected to receive the rights when they are involved in a legal dispute relating to divorce. Recently, as the rights of children are considered paramount, the laws regarding the safety and welfare of children have been adopted by the Family Law (Shared Parental Responsibility) Act (2006). The South Australian Parliament has passed the Statutes Amendment (Domestic Partners) Act (2006) in order to provide de facto couples legal rights similar to those enjoyed by a married spouse. ii) Set acceptable standards of behaviour and consequence To preserve and protect values and human rights, the Marriage Act 1961 provides the requirements for a valid marriage to exist, for example, marriage should not be done by fraud, between a person related by blood with other close family members and more than one person. The consequence of failing to meet with these criteria is an annulment of marriage, meaning a valid marriage never existed in the first place. iii) Three arms of government The Commonwealth parliament amended the Family Law Act 1975 in relation...

Words: 782 - Pages: 4

Premium Essay

Divorce In Australia Essay

...The law deals with divorce and family breakdowns in many ways as they have put in place many actions to help process and create a comfortable environment for the individuals involved and that safe surroundings are provided in doing so allowing the federal Family Court to establish Family Relationship Centres in 2006 and with the operation of the Federal Magistrates Court has increased the availability of mediation services for families in conflict. A family is defined as ‘the natural and fundamental group unit of society, especially in relation to the upbringing of children’ by the Australian Family Law Act 1975 (Cwlth) at s.43(a). One of the ways the law attempts to deal with divorce is through the following courts; Family Court of Australia...

Words: 468 - Pages: 2

Free Essay

Social Class

...empirical studies have been undertaken in Australia to obtain the experiences of family members involved in relocation disputes - a small-scale, retrospective, qualitative study of 33 parents by Associate Professor Juliet Behrens, Associate Professor Bruce Smyth and Dr Rae Kaspiew; and a larger, prospective, longitudinal study of 80 parents and 19 children by Professor Patrick Parkinson, Associate Professor Judy Cashmore, the Hon Richard Chisholm and Judi Single, from the University of Sydney Faculty of Law.3 Behrens, Smyth and Kaspiew The Australian Research Council funded Behrens, Smyth and Kaspiew (2008a, 2008b, 2009a, 2009b) to undertake a small-scale, retrospective, qualitative study involving in-depth interviews with 38 separated parents (27 fathers and 11 mothers) concerning their experiences of contested relocation proceedings in the Family Court of Australia (FCA), the Federal Magistrates Court or the Family Court of Western Australia between 2002 and mid-2005 (i.e. where the Court order had been made between 18 months and five years previously). The research team also planned to interview the children of these parents, but after only being able to recruit three children had to abandon this aspect of their study. The study aimed to specifically examine how parents (and children) perceived the impact on themselves and other family members of the decision; what had happened for the family members in the aftermath of the decision (for example, how had patterns of contact...

Words: 6565 - Pages: 27

Free Essay

The Parental Leave Provisions Provided for in the Fair Work Act 2009 (Cth) Are Different to Those on Other Countries. Contrast the Employers’ Fair Work Act Obligations with Those Found in Legislation of Another Common

...leave provisions provided for in the Australian Fair Work Act 2009, in an attempt to assess the extent of major differences in the platforms and to extract any advantages and disadvantages of the systems. The provisions and use of unpaid parental leave vary due to eligibility criteria and segmentation of the workforce. Canadian maternity, paternity and parental leave is administered on the provincial level, creating differences in leave guarantees across provinces. A separate “federal jurisdiction” covers employees of companies working in inter-provincial or international commerce or for the federal government, regardless of their province of residence (Doucet, Lero & Tremblay, 2013). Since the ten provinces and three territories deliver the programme, they modify some details. These variations are minimal. In this analysis, we have taken the median amount of leave guaranteed by these 13 jurisdictions. At present, sections 67 to 85 of the Australian Fair Work Act 2009 (FWA) set out the legislative provisions for parental leave. Australia provides three types of child-based leave: maternity, paternity and adoptive leave. Substantive Differences in Parental Leave Provisions between Australia and Canada (i) Duration of Leave Australia guarantees new parents a total of 52 weeks of leave per childbirth. Also, parents can extend child-care leave for an additional 12 months after the initial period. Thus, the maximum amount of leave a family may take in relation to the birth...

Words: 1685 - Pages: 7

Premium Essay

It's Hard Being a Single Dad in America

...It’s hard being a single dad in America An Annotated Bibliography Morin, Amanda. "Fathers Raising Daughters: The Unique Challenges of Single Fatherhood." | An Education & Child Development Site for Parents | Parenting & Educational Resource. N.p., n.d. Web. 5 May 2013. According to the U.S. Census' most recent information, there are approximately 13 million children living in single-parent households. That in itself isn't all that surprising, but here's something that is: 2.5 million of those children are being raised by single fathers. That's nearly 1 in every 40 households –over half as many as ten years ago –in which custodial fathers are raising children, many of whom are girls. So, what kinds of challenges are single fathers of daughters facing? Some issues are gender neutral. Whether they're rearing boys or girls, custodial fathers tend to have a difficult time making ends meet. Unlike single mothers, single fathers are less likely to have flexible work hours and few are receiving child support. In fact, according to Current Population Reports, a publication of the U.S. Census, a mere 30 percent of custodial dads are awarded child support, as compared to 80 percent of custodial mothers. I will use this information to talk about the facts if my topic. "Best Interests of The Child." Single Parents. N.p., n.d. Web. 05 May 2013. Parents seeking child custody or visitation often hear the phrase "best interests of the child" referred to...

Words: 1481 - Pages: 6

Free Essay

Condition 8503 contained in IARC’s Condition 8503 – no further stay information sheet. It is important that you seek advice from a registered migration agent in relation to this. Have you had a visa refused or cancelled? Since 14 September 2009, if you have had a visa refused or cancelled since you last came into Australia you may still be able to apply for this visa. However, you must: • submit both form 47SP (completed, signed and dated by you as the applicant) and 40SP (completed, signed and dated by your partner) • submit 2 statutory declarations dated no later than 6 weeks prior with the application from – each statutory declaration must declare that you and your partner are in a married relationship and must be made by an Australian citizen, Australian permanent resident or eligible New Zealand citizen (see form 888) • not have previously been refused a Spouse, Partner or Interdependency visa since last entering Australia, and • not have had your visa refused or cancelled on character grounds. In addition, if you do not hold a substantive visa (eg you are unlawful or hold a bridging visa) then you must meet the requirements set out below. IMPORTANT! If you do not hold a substantive visa When can unlawful non-citizens (people without a visa) or Bridging visa holders apply for the Partner visa? If you do not have a visa (for example over-stayers, unlawful non-citizens) or hold a type of visa known as a Bridging visa then you may be able to apply for and be granted...

Words: 382 - Pages: 2

Premium Essay

Divorce on People

...1997 WD1998-2e UNEDITED The views expressed in this paper do not necessarily reflect those of the Department of Justice Canada. iii TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................... 1 2.0 LIMITATIONS OF THE RESEARCH .............................................................. 3 3.0 FACTORS AFFECTING CHILDREN’S POSTDIVORCE ADJUSTMENT ................. 6 3.1 Child Characteristics............................................................................ 6 3.1.1 Gender ................................................................................. 6 3.1.2 Age at Divorce ....................................................................... 8 3.2 Family Characteristics.......................................................................... 9 3.2.1 Socio-economic Status .............................................................. 9 3.2.2 Ethno-cultural Background........................................................10 3.2.3 Childrearing .........................................................................10 3.3 Situational Characteristics ....................................................................12 3.3.1 Parental Absence/Remarriage ....................................................12 3.3.2 Time Since Marital Disruption ...................................................13 3.3.3...

Words: 16723 - Pages: 67

Premium Essay


...increased very rapidly in the past fifty years. Throughout this paper I will discuss divorces effects on children. The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is debate whether children ever recover a stable perspective. Post-divorce hostility between adults, in addition to directly harming kids, is a sure indicator that the emotional split is incomplete. In the U.S., divorce rates have been rising since the beginning of the 20th century, and especially since the 1970s, when no-fault divorce was instituted. Some experts contend that the easing of divorce laws has helped make marriage stronger by rooting it more deeply in personal choice, although it does little to give people the skills needed to work out the inevitable difficulties that arise in marriage. Divorce is a big scary word for many. To some, it is a word that represents failure and a reason for them to raise the white flag in defeat. Trials and tribulations seemed to take their toll and cause reason for a significant change in lifestyle, routines, and marital status. To others, divorce is a reason to escape from a difficult and harmful relationship. Divorce is the final straw and the symbol of courage to leave when they had had enough. For whatever the reason, divorce has become extremely prevalent not just in the United States,...

Words: 1140 - Pages: 5

Free Essay

Domestic Relations

...respectively. Based on those incidents, the children were removed from Louisa's home and placed with a foster family in 2003, where they have lived for the past 3 years. The foster parents, the Smiths, later formally adopted the children. After her children were taken away, Louisa realized that she'd better get her life in order. She started attending AA meetings and received anger control therapy. As of July, 2006, Louisa hasn't had a drink in 18 months and by all accounts, she no longer has an anger management problem. She comes to you and asks if she can get her children back. After a little investigating, you learn that the children, now ages 10 and 12, are doing very well with their new family in New Orleans. The Smiths, when asked, say that they will allow Louisa some visitation, but that Marie and Pierre have become integral parts of their family, school and community and that they will not give up the children without a fight. Louisa asks you to research some Louisiana case law to determine what her chances of getting back custody of her children are. Please draft an essay answering her question. ISSUE: May Louisa regain custody of her minor children after completing an anger management course and attending Alcoholics Anonymous meetings for 18 months? Her children were removed from her care and placed with a foster family. They lived with that family for a period of 3 years before being formally adopted by them. RULE: The State of Louisiana has gone to great...

Words: 3029 - Pages: 13

Free Essay

History of Romanian Law

...Dan Lupascu, Raluca Gâlea 155 CONSIDERATIONS ON REGULATING THE ENGAGEMENT IN THE NEW ROMANIAN CIVIL CODE1) AND SOME FOREIGN LEGISLATION Dan LUPAùCU Raluca GÂLEA Abstract The new Civil Code brings back into the Romanian legal landscape a very rare and apparently obsolete institution – the engagement. This article analyses the evolution of engagement, its substantial and formal conditions, the content of this sui generis act and also the sensible issues concerning the judicial effects of the engagement, especially as regards its cessation. Also, elements of comparative law are depicted, highlighting the correlation between the consequences of breeching the engagement and the fault of parties in other law systems. Keywords: engagement, the promise to marry, breeching the engagement, accountability, gifts. 1. Introduction The engagement has a considerable history, being mentioned even in the Old Testament, under the Hebrew term of „aras” having the meaning of „engagement to marry”2) or „vow to marry”. As regards the religious implications, the man and woman were already considered as husband and wife, without the right to sexual relations until the marriage3). According to Vasile the Great, breech of these interdictions was sanctioned with exclusion from communion for 11 years. Considering the engaged persons as being married also implied a series of extremely severe consequences. For example, the priest could refuse to wed a person who was initially engaged during...

Words: 24974 - Pages: 100