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Family Law In Australia Essay

683 Words3 Pages

An analysis of divorce law in Australia

Thank you for inviting me here today to talk about the 40th anniversary of the Family Law Act.

The introduction of the Family Law Act back in 1975 introduced no-fault divorce, however this was not always the case. Marriage was considered a sacrament, or bond, to God. Therefore a divorce was seen as breaking this bond to God and ultimately severely frowned upon. Prior to the introduction of the Family Law Act, divorce was initially based on fault divorce and the Matrimonial Causes Act outlined these faults. A divorce could only be granted to those who could prove one or more of the 14 grounds, of which included Adultery, Cruelty, Insanity or Habitual Drunkenness. However, many people avoided this in order avoid the humiliation that came with it, as these cases went to the Supreme Court, and they were aired for entire communities to hear.

These days with no-fault divorce, there is only one ground for divorce in Australia, which is the ‘irretrievable breakdown of marriage’ and this is usually shown through a twelve-month separation period. However this does not include those who are married for less than two years, where counseling is compulsory.

In regards to the twelve months separation period, there is one ground that allows for one period of …show more content…

The Family Act Reform Amendment 1995 placed the rights of the child/children are to be at the forefront of every decision. This act also introduced the concepts of Parental Responsibility and Parenting Plans and Orders. Parental responsibility states that both parents are considered to have joint responsibility of their children. A Parenting Plan is where the parents are encouraged to work out arrangements about such things as Residence, Contact, and Child Support. However if an agreement cannot be arranged, the FCA can decide these issues, which is known as a Parenting

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