Wednesday, January 8, 2020

Family Law Essays - 1132 Words

Family law Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of legal and non-legal responses in achieving just outcomes for family members The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdown of the marriage. One party had to tell the other and separate for a period of 12 months, then apply for an application with family law court for dissolution of the marriage. The change in law was a reaction to changing social values depicted from†¦show more content†¦If a couple can reach an agreement on how property is to be divided before going to court they can apply for a Consent Order. In New South Wales de facto couples can approach the District court to gain a property settlement Recent changes to law allow for the future needs of the de facto partners to be taken into account in property settlements. Problems can occur when partner hides property or sells property to friend at low price before the divorce. Domestic violence occurs between family members; married or de facto couples and or their children. There have been cases where women have been subject to domestic violence and have killed their spouse, (R.v Heather Osland 1996). ‘Battered woman’s syndrome’ is a complex of psychological adaptations that lead women to kill, which can now be used as self-defence and provocation. The courts are becoming more willing to accept evidence of ‘BWS’ as a partial defence for murder, evidence of growing recognition by the law of the effects of domestic violence. Amendment to the Crimes act 1990 meant that children and adults would be protected from abuse. Legislative response to domestic violence was the creation of the Periodic Detention of Prisoners (domestic violence) Amendment act 1982 (weekend detentions for offenders). There have been significant amendments to the New South Wales legislation; the crimes act 1990 was amended in 1994 to make stalking andShow MoreRelatedEssay On Family Law821 Words   |  4 PagesThe Impact of Departure From The EU Will Impact Family Law While the country is still reeling from the EU referendum, we need to take a much closer look at how departure from the EU will impact family law in England and Wales. Family law is not a stranger in the sense of taking steps to move away from the EU which will take quite a bit of unraveling from the EU legislation. The same can be said regarding many of our other laws. Without a doubt, this will take quite some time and the process willRead More Australian Family Law Essays1930 Words   |  8 Pagesof what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have theRead MoreThe Family Law Act 1975 ( Cth )1771 Words   |  8 PagesThe Family Court is a superior court which was first establis hed in 1975 under the Family Law Act 1975 (Cth). This Act, as amended by the Family Law Reform Act 1995 (Cth) and the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth), states that all children have a right to know, be cared for, and have regular contact with both parents and other ‘significant’ people. This is of course if it would be contrary to the child’s best interests. The Family Court ensures that each case andRead MoreThe Aspects Of Family And Juvenile Law3049 Words   |  13 PagesMiracle Norman Ms. Dent English II Pre-AP – 3 28 May 2015 THE ASPECTS OF FAMILY AND JUVENILE LAW â€Å"The ache for home lives in all of us. The safe place where we can go as we are and not be questioned† – Maya Angelou. It is proven that we all feel the safest and most comfortable when we are in our own homes and in the presence of our family members and loved ones. We feel as if they are the ones that protect us from the world and everything that we are scared of.Read MoreFamilies of Law Essay2668 Words   |  11 PagesLaw and Society Families of Law Unit 3- Written Assignment Tami Daniels 03/28/2011 Unit 3 Essay- Part Two Name of Country: Great Britain Family of law followed: Common law How disputes are settled: Litigation, Arbitration, and Mediation How cases are handled: Adversary system; case law takes precedence In this section, discuss the following: †¢ How would your friend’s theft be dealt with under the law in this country? In Great Britain, the TheftRead MoreA Brief Note On Moroccan Family Law Reform1840 Words   |  8 PagesResearch Paper 5 November 2014 Moroccan Family Law Reform In modern Muslim societies, family law tends to serve as a powerful tool, and its regulation as a political and social construction raises various questions about the political life and role for women. Since 1958, the debate about women and there family status has taken a critical role in how the family life in Muslim societies play out. Gender equality is a feature of the national constitution, yet the law tends to continually restrict women’sRead MoreEldest Daughter s Law Of The Family Essay1674 Words   |  7 PagesEldest daughter in law (Ch’ongbu) The ch’ongbu is the wife of the eldest son of the major lineage, the eldest daughter in law of the family. In Choson Korea the ch’ongbu was in charge of the household and conducting ancestral rites of the family. Household decisions were made by the ch’ongbu and she was in command of the other daughter in laws of the family (Pettid 91). In the inner chambers the ch’ongbu was only out ranked by her mother and grandmother in-law. Out of all the female members ofRead MoreThe Law And Its Effect On Family Provision1993 Words   |  8 Pagesdeath and attempt to ensure that they meet all the formalities in executing a valid will. It is important to note that testamentary freedom is not a notion that is absolute. Family members of the individual who feel they have an entitlement under the will can bring a claim for contesting a will against the estate. These family provision claims are becoming more common in our society and are arguably undermining the testat or’s use of their free will. The courts have implemented the use of mediationRead MoreEmpowerment Of Women And The Development Of Muslim Family Law1507 Words   |  7 Pages Empowerment of Women and the development of Muslim family Law in Bangladesh 1. Introduction All over the world women from various cultural and social backgrounds have a long tradition of rights and responsibilities to live in society with respect and dignity. Though there are difference between men and women in specific aptitude, powers and functions they have to be regarded as complementary to each other. We can’t deny that one sex is making up what other lacks acting in specific sphereRead MoreSociological Views Of Government Policies And Laws On Family Life886 Words   |  4 Pagespolicies and laws on family life. This essay will look at how social policies and laws affect families in a positively or negatively. Some of the key concepts that will be touched upon will be how functionalist agree that social policies are positive due to the march of progress getting better due to laws in place. The essay will also look at how it negatively affects families, such as how feminist think social policies promote patriarchy in the family. The new labour has introduced laws which benefit

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