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Tuesday, November 12, 2013

Family Law

Legal Studies Family Law Notes In the 1992 census the Australian assurance of Statistics specify a family as two or much than people living in the same household and come to to each other by blood, spousals, de facto relationship, fostering or adoption. Family arrangements: In the past the family unit existed within the framework of an extended family. Today, most(prenominal) families be nuclear, meaning that the family consists of both parents and their children. No matter how a family is defined its functions are the same under the jurisprudence. The Institution of sum nether the Commonwealth of Australia make-up Act 1900 (UK) the Federal Parliament has the fleck to make laws regarding matrimony ceremony, divorce and matrimonial causes. -The Legal Definition of join: The English case of Hyde v. Hyde and Wood mankindsee (1866) established the common law exposition of wedlock as a free jointure for sprightliness amongst one man and one mulie brity; to the ejection of on the whole others. This definition still applies directly and has been given cognizance by the Marriage Act 1961 (Cwlth). chthonian the Australian Constitution (the Commonwealth of Australia Constitution Act 1900 (UK) ) totally matters relating to marriage are within the jurisdiction of the Commonwealth.
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-Elements in the marriage definition a voluntary union union between a man and woman to the exclusion of all others marriage for life (the intention) If any of the elements are missing and the marriage has been performed, it mountain be declare d by a appeal to be void. This is known as ! an annulment. In the case of re Kevin (2001) Fam CA 1074 the court ruled that gender re-assignment (a sex change) was fitting to action the requirement of a bond between man and woman. -Requirements of a sensible marriage: The Marriage Act 1961 (Cwlth) forms the introduction for marriages anyplace in Australia. Under the act the requirements of a valid marriage are: a) Marriageable Age- Males and females can legally conjoin at...If you indispensability to get a full essay, order it on our website: OrderCustomPaper.com

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