legal essay(family law)

Topics: Marriage, Family law, Divorce Pages: 2 (785 words) Published: October 12, 2013
Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. Legislation and cases strive to achieve justice for all parties involved in a relationship breakdown. However, justice can be difficult to achieve as the law does not always uphold the rights of individuals. The law does reflect social and community values and strives to be accessible. Divorce is an example of the law being easily enforced, while with disputes involving children effectiveness isn’t always achieved. Amendments to legislation now make the law more effective when dealing with relationship breakdown’s between same sex couples and de facto relationships. Divorce is becoming more common in society, this means that legislation has been made more effective in achieving individuals rights. The Family Law Act 1975 (cth) established ‘no fault’ divorce, as long as the couple is separate for 12months, that overturned the Matrimonial Causes Act 1959 (Cth). Divorce is an effective method in achieving justice for parties involved in a relationship breakdown. An example of this is in the case Pavey v Pavey 1976, this case established ‘separate under one roof,’ this allowed couples to get a divorce even if they were living together due to financial strain. Pavey v Pavey is an example of how the law achieves justice for individuals and the accessibility of the law. Most issues related to relationship breakdown involves children, legislation has been improved in recent years to overcome this, but there are still many cases where justice isn’t achieved for all parties. The Child Support (assessment) Act 1984 (cth) aims to deduct money to support the child if the parent isn’t living with them. The Federal Government in 1990 ratified the UN’s Convention on the Rights of the Child. This ruled that all cases were to be solved in the ‘best interests of the child.’ The Family Law Reform Act 1995 (Cth) recognises ‘best interests of the child’ and also changes...
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