Hsc Legal Studies Essays

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However, its effectiveness in achieving justice for all parties, and protecting their particular interests, has been debatable.Smith trying to prove that her husband was an alcoholic who didn’t support the family, and Mr. Due to this ineffective and traumatic nature of the court system, as well as society’s changing views on divorce being more acceptable, the federal government introduced the Family Law Act 1975 (Cth).This new legislation made several changes in regards to divorce.This required one of the parties to prove to the court that the other party was at fault (i.e. However, it was found out that such “at fault” divorces were inefficient and led to severe strain on all families undergoing such a divorce, especially on the children – as their parents were fighting in court about who is to blame.This is apparent in the case “Smith and Smith” where their divorce proceedings took over 3 years to sort out, due to Mrs.Divorce is one key are of family law that has seen many changes from previous years.Under the Matrimonial Causes Act 1959 (Cth), only the notion of ‘’at fault” marriages were granted.Historically, the only type of relationship that was accepted by society was a heterosexual marriage between a man and woman, thus this led to severe discrimination against same sex couples, unmarried single mothers, unmarried heterosexual couples, etc.But, over time the morals and values of society has changed and it has been more accepting of de facto couples.Under section 48 of the Family Law Act 1975 (Cth), the only ground for divorce is the “irretrievable break down” of marriage – which can be demonstrated by separation of 12 months.Since that reform, it can be seen in the SMH article “Divorce rates through the roof” (1985) that divorce rates have increased greatly, thus showing the new “no fault” divorce is a lot smoother, stress free and without pressures of proving who’s at fault.


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