Discuss how effective the changes to family law have been in achieving justice for family members and society
Family law is a fundamental aspect of our legal system, seeking justice through providing protection for the family unit whilst still reflecting the values of society. The concept of family has evolved greatly due to shifting societal influences. Correlating with this shift in values, there has been ongoing family law reform in an attempt to achieve justice for all family members and society. This has been both effective and ineffective in addressing the tension between individual rights and the views of greater society.
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
A current focus area for law reform has been de facto families. Previously, the law did not allocate them legal recognition, as society perceived these relationships as immoral. Altering societal ethics led to their statutory recognition under the Property (Relationships) Act 1984 (NSW), granting them many of the same rights as married couples. However, whilst one party could claim maintenance upon the breakdown of a DFR, the law does not take into account future needs of the parties upon separation. The law also attempted to regulate the division of property however, less weight was given to non‐financial contributions, shown in Turnbull v McGregor where the homemaker’s contribution to the property in a 32 yr relationship was valued at just 16%. This ineffectiveness was addressed with the Family Law Amendment (De Facto Financial Matters
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
A current focus area for law reform has been de facto families. Previously, the law did not allocate them legal recognition, as society perceived these relationships as immoral. Altering societal ethics led to their statutory recognition under the Property (Relationships) Act 1984 (NSW), granting them many of the same rights as married couples. However, whilst one party could claim maintenance upon the breakdown of a DFR, the law does not take into account future needs of the parties upon separation. The law also attempted to regulate the division of property however, less weight was given to non‐financial contributions, shown in Turnbull v McGregor where the homemaker’s contribution to the property in a 32 yr relationship was valued at just 16%. This ineffectiveness was addressed with the Family Law Amendment (De Facto Financial Matters