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Constitutional Constraints In Family Law

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Constitutional Constraints In Family Law
The definition of family has continued to evolve over the last fifty years. As such, the law has responded to protect the rights and enforce the responsibilities of family members in these changing family arrangements. Since Federation, family law has always faced constitutional constraints as a result of Section 51(xxi) mentioning the words ‘marriage and divorce’. The Marriage Act 1961 (Cwth) established the legal requirements of a valid marriage, which to this day is the union of a man and woman entered into voluntarily to the exclusion of all others for

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