The Effectiveness of the Law in Achieving Justice for Parties Involving in Relationship Breakdowns

Satisfactory Essays
Evaluate the effectiveness of the law in achieving justice for parties involving in relationship breakdowns.
Relationship breakdowns include the separation and divorce of de facto and married couples. Parties involved with relationship breakdowns include the two parties separating as well as any children that resulted from the relationship. Although de facto relationships are not legally binding unlike marriages, the Australian legal system still has means to govern over disputes that arise over separation. The Family Law Act 1975 (Cth) (FLA) is the main body of legislation that oversees matters relating to disputes arising from relationship breakdowns particularly property and methods of resolving disputes. Other issues that emerge from relationship breakdowns may also relate to wills and property.
Wills
A will is a document that states how a person intends to distribute their property and assets after their death, on many occasions during a marriage, spouses will write wills that leave property for their spouse. Under Section 13 of the Succession Act 2006 (NSW), a divorce or an annulment of a testator’s marriage will deem any beneficial disposition for the former spouse to be void. The presence of this section can be incredibly effective as spouses may pass before getting the opportunity to amend their wills. As wills are made in anticipation of the marriage, the Succession Act ensures that the change in the relationship status reflects how the will is handled in the event that the testator passes before they are able to change their will. This ultimately achieves justice for the testator for it is highly likely that they would not have wanted their previous spouse to have inherited their property as they are no longer in a relationship.
Maintenance
Property
‘Property’ within a marriage has a broad definition that includes homes, bank accounts, shares and household goods. Disputes arising from the distribution of property are frequent when relationships

You May Also Find These Documents Helpful

  • Good Essays

    Divorce has become more and more common Body The law has been effective in achieving justice for parties involved in a relationship breakdown. The development of the family law act played a significant role in bringing equality to family breakdown and dealing with issues concerning property separation and family maintenance. The introduction of ‘no fault divorce’ while making divorce more accessible allowed for parties, particularly women to seek divorce in circumstances where the relationship has broken down. Ame…

    • 964 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Achieving Justice

    • 1219 Words
    • 5 Pages

    Sometimes achieving ‘Justice’ involves great struggle. I suffer from many nightmares and have done so for many years. Strangely, I didn't have them during the 15 years I in spent in prison after being wrongly convicted, with three others, for the 1975 Guildford and Woolwich pub bombings. It was almost as if I was in the eye of the storm while I was inside, and everything was being held back for a replay later in my life. Our case is well known now as one of first major miscarriages of justice. I am…

    • 1219 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The effectiveness of the criminal trial process as a means of achieving justice The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to…

    • 971 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Evaluate the effectiveness of the criminal trial process in achieving justice Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim…

    • 1336 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Explain the relationship that you think exists between law and justice. The relationship between law and justice has always been a topic of great controversy. Many people rely fully on the law to bring about, what they believe, to be justice, while others are of the opinion that the law is too ‘black and white’ to be wholly regarded as just. The debate of whether a jury is an effective way of bringing forth justice has been present for centuries. The opinion that it is not a reliable way…

    • 1465 Words
    • 6 Pages
    Better Essays
  • Good Essays

    that the amount of reasons why relationships break down are infinite, but that there are three categories these reasons can be put into: -Pre-existing doom, failure of the relationship, for instance incompatibility are pre-destined -Mechanical failure, the most common cause, two people who suit each other and have good intentions and good natures find they can’t live together -Sudden death, for example discovery of cheating can immediately end the relationship Duck identified 4 stages of…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Introduction This essay will focus on international law being an effective tool for the resolution of international disputes. Timely resolutions and unbiased resolutions are factors that determine effective dispute resolution. The definition and concept of international law, effective aspects of international law, and certain limitations of international law will be discussed in this essay. Furthermore, case studies will be provided to support the argument and to demonstrate the procedures of resolving…

    • 1254 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Law and Justice

    • 4692 Words
    • 19 Pages

    Law and Justice Abstract Justice is the quality of being fair or just. This is not an exhaustive definition of justice. Different philosophers have defined justice in different ways. Justice is a concept that provides balance between law and morality. Rawls proposition for law and justice has been accepted by world judicial fraternity as a landmark vision to understand the system. Similarly it has earned a good amount of criticism which shows the basic strength of the thought. As such: Rawls theories…

    • 4692 Words
    • 19 Pages
    Powerful Essays
  • Best Essays

    Measuring Effectiveness of Customer Relationship Management strategies in achieving customer loyalty A Case Based Study of Nandos UK (Kings Cross Branch) Introduction:Businesses has grown on fast pace in last few decades. This rapid growth in business ha snot only increased the competition but also provided the customers to choose from the products .increased competition and market uncertainty has left organization to think the ways to retain and attract more and more customers. Wining the heats…

    • 3587 Words
    • 15 Pages
    Best Essays
  • Satisfactory Essays

    law and justice

    • 269 Words
    • 2 Pages

    Justice is defined as putting something at its place , fairness indistribution of resources . A good law must be universal , must be public and must be final besides being decided between competing interest . But , still there is no relation or equation between law and justice . The term law and justice always be used to reflect the law purpose . Although it reflect the law purpose , but not all people view law as just . For example in homosexual group view , they view law as unjust as homosexual…

    • 269 Words
    • 2 Pages
    Satisfactory Essays