Transcript of "Responses to Problems in Family Relationships"
Responses to Problems in Family Relationships<br />HSC Family Law<br />
Divorce (Dissolution of Marriage)<br />S48 Family Law Act 1975 (Cth) – the only grounds for divorce is the irretrievable breakdown of the marriage<br />Not fault based<br />Needed to prove couple lived apart for 12months<br />FLA established Family Court<br />The law will not force an individual to stay in a relationship he or she does not want to continue<br />
Divorce before FLA 1975<br />Matrimonial Causes Act 1959 (Cth)<br />Fault based evidence<br />14 grounds for divorce<br />Desertion<br />Adultery<br />Five years separation<br />Cruelty<br />Drug addiction or drunkenness<br />Refusal to consummate the marriage<br />Frequent criminal convictions<br />Imprisonment<br />Insanity<br />Failure to restore conjugal rights<br />Nullity<br />Serious offence against the partner<br />Failure to pay maintenance<br />Presumption of death<br />
The Process of Divorce<br />The couple needs to prove they live apart for 12months<br />Couples can still share the house<br />They sleep separately<br />Do not socialise with friends together<br />Do not share meals<br />No longer share finances<br />‘Kiss and make up’ clause – couple trying to retrieve the marriage in the 12 months<br />If couple has not been married for more than 2 years, marriage counselling is compulsory<br />
After 12 months separation<br />Application for divorce is made through a decree nisi<br />Once all matters are resolved a decree absolute is declared allowing the couple to remarry (about a month after decree nisi)<br />All matters concerning children must be resolved before a decree absolute is finalised<br />
Development of Divorce Law<br />Theme and Challenge Review<br />the role of law reform in achieving just outcomes for family members and society<br />
Divorce and Children<br />Decree nisi will not be given until all issues involving children are resolved<br />The law focuses on parental responsibility NOT parental rights<br />Two primary considerations include:<br />The right to maintain a meaningful relationship with both parents<br />The need to protect the child from harm<br />
Shared parental responsibility may not be given if a parent has engaged in abusing the child<br />(Family law Act 2006 criticised for not dealing with domestic violence)<br />Parents enter a ‘parent plan’ – considering the substantial time they spend with their children<br />If parents cannot agree to a parenting plan, the court will make a parenting order<br />
Divorce and Property<br />If separating couple agrees to allocation of property, they can apply to the family court for consent order<br />A couple in dispute can hear their matter in the family court. The court will consider:<br />Financial and non financial contributions to the property<br />The earning capacity of each individual<br />The age of both parties<br />Who has the care and control of the children<br />Inheritance and acquisition of further assets<br />
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