Legal Notes

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Legal study Syllabus notes
FAMILY LAW
Key Terms:

Adoption: The taking of one’s child into one’s family, creating a parent to child relationship, and giving him or her all the rights and privileges of one’s own child. Annulment: A declaration by court that a supposed marriage is in fact void. Apprehended Domestic Violence Order (ADVO): A court order that aims to protect the applicant from violence and other forms of intimidation or abuse perpetrated by a family member Assault: A criminal offence involving the infliction of physical force or the threat of physical force Autonomy: Freedom if the will, self-government; the ability to act without outside interference Blended family: A family that is created when a parent remarries; it includes the stepmother or stepfather and stepchildren Breach: A fail to obey

Decree nisi: A Family Court order that is made to signal the intended termination of a marriage Degree absolute: a final decree of the dissolution of marriage De Facto Relationship: A relationship where the partners act as a married couple but are not legally married Divorce: The legal termination of a marriage by an official court decision Domestic Violence: Any act, whether verbal or physical, of a violent or abusive nature hat takes place within a domestic relationship Ex-nuptial: A Latin term meaning ‘outside marriage’; an ex-nuptial child is a child orn outside a marriage Extended family: A family that includes individuals related through marriage or parentage and not limited to one couple and their children; in some cultures, close family friends are regarded as members of the extended family. Injunction: A court order directing someone to do something or prohibiting someone from doing something Intestacy: the situation in which a person dies within a legally valid will Maintenance: A financial payment made by one spouse to contribute to the care and welfare of the other spouse and/or children of the marriage Marriage: The union of a man and a woman to the exclusion of all others, voluntarily entered into for life Neglect: Continued failure by a parent to provide a child with the basic things needed for proper growth and development e.g. food, shelter, medical care, hygiene and supervision Nullify: To declare legally void or invalid

Nuptial: A Latin term meaning marriage; a nuptial child is a child born within a marriage Polygamous: Having more than one wife or husband at the same time Probate: A legal document that is issued by the court and certifies that the will is true and correct (proved), and authorises the executor to administer the estate Referral of powers: The giving up of a state’s legislative powers in a certain area to the Commonwealth by passing an act, pursuant to S51 of the Australian Constitution Relinquishing parents to state or will: Parents who nominate their child for adoption Testator: The legal process of transferring parental rights and responsibilities from the biological parents to the adoptive parents Will: a document that states how a person intends to have his or her property distributed after his or her death

The Nature of Family Law:

Concept of Family Law:

Family law includes a range of diverse categories. These include:

Marriage
De Facto Relationships
Blended families
Extended families
Same-sex relationships
Due to changing society values family law legislation is ever changing, in an attempt to protect all family units. Section 51 (xxi) – Constitution (federal government power to make laws regarding marriage and divorce) Marriage Act 1961 (cth) – creates legal requirements that a marriage Family Law Act 1975 (cth) – legal obligations and duties that a marriage creates. (After amendments now protects all married and de facto (same sex) relationships)

Legal requirements of a valid marriage:

The legal definition of marriage: The legal definition of marriage came from the English Case Hyde v Hyde and Woodmansee 1866 – the Lord Penzance stated...
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