De Facto Relationships
De Facto Relationships
1. Identify and describe an alternative family arrangement you have chosen and how or why it is considered an ‘alternative family arrangement’.
A de facto couple is an unmarried heterosexual or same sex couple. The Family Law Act 1975 –section 4AA defines a de facto couple as ‘persons who are not legally married to each other, persons not related by family and having regard to all circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis’. Factors that indicate whether a couple are legally recognised as a de facto couple include the duration of the relationship, nature and extent of their common residence, whether a sexual relationship exists, the degree of financial dependence or independence and any arrangements for financial support between them, ownership and acquisition of property, degree of mutual commitment to a shared life, the care and support of children and the reputation and public aspects of the relationship. A de facto couple is considered a alternative family relationship as it does not fit the definition of a traditional family unit, known as a ‘nuclear family’. Traditionally, a nuclear family consisted of a married mother and a father and one or more children who are biologically linked to their parents.
2. Identify and outline any obligations that exist under international law to which Australia is a party in regard to this alternative family arrangement.
Through Australia’s participation in international treaties creates obligations for Australia in regards to the protection of families and children. Treaties including; The Conventions on the Rights of the Child (CROC), The Universal declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) are three of the major treaties in which Australia is a signatory that protect the rights and provide a basis of the responsibilities of the child. The Convention on the
1. Identify and describe an alternative family arrangement you have chosen and how or why it is considered an ‘alternative family arrangement’.
A de facto couple is an unmarried heterosexual or same sex couple. The Family Law Act 1975 –section 4AA defines a de facto couple as ‘persons who are not legally married to each other, persons not related by family and having regard to all circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis’. Factors that indicate whether a couple are legally recognised as a de facto couple include the duration of the relationship, nature and extent of their common residence, whether a sexual relationship exists, the degree of financial dependence or independence and any arrangements for financial support between them, ownership and acquisition of property, degree of mutual commitment to a shared life, the care and support of children and the reputation and public aspects of the relationship. A de facto couple is considered a alternative family relationship as it does not fit the definition of a traditional family unit, known as a ‘nuclear family’. Traditionally, a nuclear family consisted of a married mother and a father and one or more children who are biologically linked to their parents.
2. Identify and outline any obligations that exist under international law to which Australia is a party in regard to this alternative family arrangement.
Through Australia’s participation in international treaties creates obligations for Australia in regards to the protection of families and children. Treaties including; The Conventions on the Rights of the Child (CROC), The Universal declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) are three of the major treaties in which Australia is a signatory that protect the rights and provide a basis of the responsibilities of the child. The Convention on the