Legal Studies Family Law Notes In the 1992 census the Australian authorization of Statistics delimit a family as two or more than than people living in the same household and splice 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 are 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 justice. The Institution of sum nether the Commonwealth of Australia make-up Act 1900 (UK) the Federal Parliament has the household to make laws regarding espousal, divorce and matrimonial causes. -The Legal Definition of spousal: The English case of Hyde v. Hyde and Wood mankindsee (1866) established the common law exposition of conjugal union as a free conjugation for sprightliness amidst one man and on e charwoman; to the ejection of on the whole others. This definition still applies immediately and has been given cognizance by the Marriage Act 1961 (Cwlth). under the Australian Constitution (the Commonwealth of Australia Constitution Act 1900 (UK) ) altogether matters relating to trade union are within the jurisdiction of the Commonwealth.
-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 piece of ass be declared 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 reward the requirement of a bond between man and woman. -Requirements of a sensible marriage: The Marriage Act 1961 (Cwlth) forms the introduction for marriages anywhere in Australia. Under the act the requirements of a valid marriage are: a) Marriageable Age- Males and females can legally conjoin at...If you unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com
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