Family Law Essay

Only available on StudyMode
  • Download(s) : 400
  • Published : November 11, 2012
Open Document
Text Preview
Family Law Essay
Introduction
* As societies become more diverse and complex; the law needs to reflect these changing social values in order to remain just. * State something relating to given question.
* State thesis: Thus, family law is very effective/only effective to an extent in ... * This is due to the success of law reforms that effectively address ... * However, this effectiveness is hindered by the limited changes made to include same-sex marriage within current legislation.

[Effective] Divorce
Divorce is the legal dissolution of a marriage. The Australian family law system has implemented significant law reforms that redress the matter of divorce in accordance to changing societal values. * Prior to 1974, divorces applied under the Matrimonial Causes Act 1959 were on the ground of ‘fault’, which included 14 grounds such as infidelity, cruelty and desertion; whereby one or both spouses had to admit to their wrongdoing that undermined their divorce. * Such submissions for divorce were perceived as socially immoral and thus those who took these actions were negatively judged by the community. * However, in 1975, a major reform to family law occurred whereby the Family Law Act 1975 (Cth) was passed and introduced ‘no fault’ divorce, where the only ground was ‘irretrievable breakdown’, which allowed couples to divorce after separation. * This idea of a 12 month separation period with the intention to divorce was established in the Tye v Tye case. * Ultimately, the reform increased the accessibility of divorce and reduced the stigma attached with it. This fundamental change to divorce law was clearly a reaction to changing social values, where society has accepted that people should not be left trapped in an unhappy marriage, reinforcing the basic right to live in freedom.

[Effective] Domestic violence
Domestic violence has been recognised as an ongoing social issue and community-wide problem, rather than...
tracking img