Divorce In Australian Family Law
Divorce in Australia
Family Law Unit
Mark A
Legal Studies
With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Family law is an area of the law that deals with family-related issues and domestic relations. This can includes the establishment of family and domestic relationships, the rules for creating a union, right up to their termination or dissolution, and the subsequent issues related to this, such as alimony, child support, property division, custody etc. When the bliss of a marriage turns cold, there are many couples out there, or even individuals who believe that their marriage is beyond help therefore …show more content…
result in divorce. The 'no fault' provisions of the Family Law Act has enabled many people to divorce sooner than they would have done under the previous law, and led to a massing of divorces into one year, 1976. In 2010, it was verified that 121,176 marriages were recorded in Australia; however, there were 50,240 divorces granted that same year. (Author Unknown, Information Brief Marriages And Divorces Queensland: 2010, 2011) Due to the introduction of the No Fault divorce, rates have increased dramatically; therefore an implementation of compulsory counselling must be applied in order to prevent the rising number of marriage breakdowns.
The 'No Fault' divorce principle is recognised under the Family Law Act 1975. The Australian Government ComLaw service explain the Act as, 'An Act relating to Marriage and to Divorce and Matrimonial Causes, Parental Responsibility for Children, and to financial matters arising out of the breakdown'. (Author Unknown, Family Law Act 1975, 2011) Prior to the 1975 Family Law Act, grounds for divorce included adultery, habitual drunkenness or insanity, therefore there had to be proof and evidence of the fault of one or both parties in causing the breakdown of marital relations. The new provision meant that a court did not consider which partner was at fault in the marriage breakdown. The only ground for divorce was the irretrievable breakdown of the relationship, demonstrated by 12 months of separation. For this reason, marriage breakdowns increase dramatically and affect many people, such as children, families and the general public.
In a case of divorce there are many stakeholders who can be affected by the breakdown of a marriage. Your spouse is a "stakeholder" in your marriage, because it is his or her marriage also. But there are other stakeholders in your marriage as well; people who have serious investments of their own in your marriage. Children under the age of 18 depend on their parents in every significant way, but besides the minor children, there are other stakeholders: adult children, parents and siblings, in-laws, and shared friends are the most typical. Divorce, as a legal issue includes an array of stakeholders, including the general public, judges, and politicians.
One major stakeholder in this case is Tony Abbott. On July 10, 2009, Tony Abbott, the Opposition families and Aboriginal affairs spokesperson called for a return to the fault-based system of divorce that was discarded in 1975, to be replaced by a 'no-fault' system. Mr Abbott's plan would see additional grounds for divorce reintroduced, including adultery, cruelty, habitual drunkenness and imprisonment. This proposal has been confronted with mixed responses. (Author Unknown, Should Australia retain 'no fault'-based divorce?, 2009) Some have welcomed what they see as an attempt to address some of the shortcomings of the Family Law Act. Others have been highly critical of what they see as a return to an adversarial and unsatisfactory system. Although Abbott had introduced this plan in high faith that it would reduce divorce numbers, many have disagreed with this reintroduction, claiming that the current law has met society’s expectations.
Couples willing to take another path turn to couples counselling. The aim of couples counselling is to help a couple deal appropriately with their immediate problems and to learn better ways of relating in general. Couples counselling is a useful modality of help for couples who are experiencing difficulties such as repetitive arguments, feelings of distance or emptiness in the relationship, pervasive feelings of anger, resentment and or dissatisfaction or lack of interest in affection or in a physical relationship with one another. With the aid of a qualified clinician, couples can bring stability and communication back into their relationship thus affecting their lives and the lives of those most impacted by them and their relationship.
There are many cases in which couple's counselling can result in a positive outcome, for example, Travis and Beverly. (Author Unknown, Case Study: Travis & Beverley, 2012) Travis and Beverly met while they were in their mid-20s and still studying at university. Married when they graduated from their studies, Beverly and Travis agreed that they would wait several years before they started a family. After 10 years, Travis decided that it was either time they had kids or not, however Beverly was not ready as she was just gaining momentum in her career. The more Travis pressures her about going off birth control and having kids, the more resentful Beverly finds herself feeling about the entire subject. Finally frustrated, Travis pushed Beverly to attend relationship counselling to help them resolve the issue. Ultimately, after several weeks of relationship counselling, Travis and Beverly come to realise that they were probably not yet ready to start a family. They had a better understanding of the underlying reasons for this decision, and a better understanding and empathy for each other's feelings. Therefore, instead of the couple pushing each other away, in which could have ended in a separation, they decided to go to counselling and sort out their issues.
There are also cases were if counselling was to occur, the breakdown of the marriage could have be prevented.
This can be applied to David’s case. (Author Unknown, Case Study: David’s Story, 2003) David and his wife had been married for almost twenty-five years. His wife arranged a school reunion Christmas party via an infamous website where old school-friends reunite. On the night of the reunion party she didn't come home at the time she had said she would, three hours went past and David was worried sick thinking that something had happened to her. His wife confronted and told him that at the party she had met an old boyfriend from twenty-seven years previous who had told her that he had never stopped loving her and they had been kissing and cuddling outside of the party. Their communication had stopped and they were living in separate parts of the house. David’s wife had later decided that she would move into her own place and David was shocked to find out she was accompanied by her old boyfriend, they then filed for divorce. In this case, counselling could have been implemented to support the couple work on their marriage, instead of resorting to divorce. Like David said, It helps to talk to people, 'a problem shared is a problem halved' so they say, and if they were to choose couple counselling, they may have resolved the core problem of the …show more content…
breakdown.
When it come to couples counselling, celebrity couples, are the most frequent cases that are distributed throughout the media.
Jennifer Lopez and, her now ex-husband, Marc Anthony, recently devoted their time to couple counselling, after certain implications in their marriage. Friends close to the couple told the tabloids that the couple had huge and horrible heated arguments since day one and finally, it was just too much for Jennifer to deal with any longer. Lopez and Anthony unfortunately divorce not long after they had resorted to couple’s counseling. Due to her stress at work and the questioning of Anthony’s fidelity, Lopez could not cope. This case proves that both partners in the relationship must be willing to attain help from counselors. Although the counseling in this case did not work, if couple’s counseling was made mandatory before divorce, both partner would have no choice, but to consistently work with their partner, in address their marital issues. (Author Unknown, Jennifer Lopez is Devastated that Marriage Counseling Didn’t Work,
2012)
All in all, divorce rates have shown a staggering increase, since the provision of the current No Fault system. Due to this introduction many people, have been affected and politicians have spoken up, in order for a re-introduction of the Fault based divorce legislation. In order to address the issue of marital breakdowns, couple’s counseling should be made mandatory in the hope that it will solve the problem. In imposing compulsory couples counseling, couple’s may realize the flaws of their relationship, and work together to improve their collaboration.
-----------------------
DIVORCE LAW
Adam Hijazi
Legal Studies
Ms. King
FAMILY LAW
Family Law Unit
Mark A
Legal Studies
With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Family law is an area of the law that deals with family-related issues and domestic relations. This can includes the establishment of family and domestic relationships, the rules for creating a union, right up to their termination or dissolution, and the subsequent issues related to this, such as alimony, child support, property division, custody etc. When the bliss of a marriage turns cold, there are many couples out there, or even individuals who believe that their marriage is beyond help therefore …show more content…
result in divorce. The 'no fault' provisions of the Family Law Act has enabled many people to divorce sooner than they would have done under the previous law, and led to a massing of divorces into one year, 1976. In 2010, it was verified that 121,176 marriages were recorded in Australia; however, there were 50,240 divorces granted that same year. (Author Unknown, Information Brief Marriages And Divorces Queensland: 2010, 2011) Due to the introduction of the No Fault divorce, rates have increased dramatically; therefore an implementation of compulsory counselling must be applied in order to prevent the rising number of marriage breakdowns.
The 'No Fault' divorce principle is recognised under the Family Law Act 1975. The Australian Government ComLaw service explain the Act as, 'An Act relating to Marriage and to Divorce and Matrimonial Causes, Parental Responsibility for Children, and to financial matters arising out of the breakdown'. (Author Unknown, Family Law Act 1975, 2011) Prior to the 1975 Family Law Act, grounds for divorce included adultery, habitual drunkenness or insanity, therefore there had to be proof and evidence of the fault of one or both parties in causing the breakdown of marital relations. The new provision meant that a court did not consider which partner was at fault in the marriage breakdown. The only ground for divorce was the irretrievable breakdown of the relationship, demonstrated by 12 months of separation. For this reason, marriage breakdowns increase dramatically and affect many people, such as children, families and the general public.
In a case of divorce there are many stakeholders who can be affected by the breakdown of a marriage. Your spouse is a "stakeholder" in your marriage, because it is his or her marriage also. But there are other stakeholders in your marriage as well; people who have serious investments of their own in your marriage. Children under the age of 18 depend on their parents in every significant way, but besides the minor children, there are other stakeholders: adult children, parents and siblings, in-laws, and shared friends are the most typical. Divorce, as a legal issue includes an array of stakeholders, including the general public, judges, and politicians.
One major stakeholder in this case is Tony Abbott. On July 10, 2009, Tony Abbott, the Opposition families and Aboriginal affairs spokesperson called for a return to the fault-based system of divorce that was discarded in 1975, to be replaced by a 'no-fault' system. Mr Abbott's plan would see additional grounds for divorce reintroduced, including adultery, cruelty, habitual drunkenness and imprisonment. This proposal has been confronted with mixed responses. (Author Unknown, Should Australia retain 'no fault'-based divorce?, 2009) Some have welcomed what they see as an attempt to address some of the shortcomings of the Family Law Act. Others have been highly critical of what they see as a return to an adversarial and unsatisfactory system. Although Abbott had introduced this plan in high faith that it would reduce divorce numbers, many have disagreed with this reintroduction, claiming that the current law has met society’s expectations.
Couples willing to take another path turn to couples counselling. The aim of couples counselling is to help a couple deal appropriately with their immediate problems and to learn better ways of relating in general. Couples counselling is a useful modality of help for couples who are experiencing difficulties such as repetitive arguments, feelings of distance or emptiness in the relationship, pervasive feelings of anger, resentment and or dissatisfaction or lack of interest in affection or in a physical relationship with one another. With the aid of a qualified clinician, couples can bring stability and communication back into their relationship thus affecting their lives and the lives of those most impacted by them and their relationship.
There are many cases in which couple's counselling can result in a positive outcome, for example, Travis and Beverly. (Author Unknown, Case Study: Travis & Beverley, 2012) Travis and Beverly met while they were in their mid-20s and still studying at university. Married when they graduated from their studies, Beverly and Travis agreed that they would wait several years before they started a family. After 10 years, Travis decided that it was either time they had kids or not, however Beverly was not ready as she was just gaining momentum in her career. The more Travis pressures her about going off birth control and having kids, the more resentful Beverly finds herself feeling about the entire subject. Finally frustrated, Travis pushed Beverly to attend relationship counselling to help them resolve the issue. Ultimately, after several weeks of relationship counselling, Travis and Beverly come to realise that they were probably not yet ready to start a family. They had a better understanding of the underlying reasons for this decision, and a better understanding and empathy for each other's feelings. Therefore, instead of the couple pushing each other away, in which could have ended in a separation, they decided to go to counselling and sort out their issues.
There are also cases were if counselling was to occur, the breakdown of the marriage could have be prevented.
This can be applied to David’s case. (Author Unknown, Case Study: David’s Story, 2003) David and his wife had been married for almost twenty-five years. His wife arranged a school reunion Christmas party via an infamous website where old school-friends reunite. On the night of the reunion party she didn't come home at the time she had said she would, three hours went past and David was worried sick thinking that something had happened to her. His wife confronted and told him that at the party she had met an old boyfriend from twenty-seven years previous who had told her that he had never stopped loving her and they had been kissing and cuddling outside of the party. Their communication had stopped and they were living in separate parts of the house. David’s wife had later decided that she would move into her own place and David was shocked to find out she was accompanied by her old boyfriend, they then filed for divorce. In this case, counselling could have been implemented to support the couple work on their marriage, instead of resorting to divorce. Like David said, It helps to talk to people, 'a problem shared is a problem halved' so they say, and if they were to choose couple counselling, they may have resolved the core problem of the …show more content…
breakdown.
When it come to couples counselling, celebrity couples, are the most frequent cases that are distributed throughout the media.
Jennifer Lopez and, her now ex-husband, Marc Anthony, recently devoted their time to couple counselling, after certain implications in their marriage. Friends close to the couple told the tabloids that the couple had huge and horrible heated arguments since day one and finally, it was just too much for Jennifer to deal with any longer. Lopez and Anthony unfortunately divorce not long after they had resorted to couple’s counseling. Due to her stress at work and the questioning of Anthony’s fidelity, Lopez could not cope. This case proves that both partners in the relationship must be willing to attain help from counselors. Although the counseling in this case did not work, if couple’s counseling was made mandatory before divorce, both partner would have no choice, but to consistently work with their partner, in address their marital issues. (Author Unknown, Jennifer Lopez is Devastated that Marriage Counseling Didn’t Work,
2012)
All in all, divorce rates have shown a staggering increase, since the provision of the current No Fault system. Due to this introduction many people, have been affected and politicians have spoken up, in order for a re-introduction of the Fault based divorce legislation. In order to address the issue of marital breakdowns, couple’s counseling should be made mandatory in the hope that it will solve the problem. In imposing compulsory couples counseling, couple’s may realize the flaws of their relationship, and work together to improve their collaboration.
-----------------------
DIVORCE LAW
Adam Hijazi
Legal Studies
Ms. King
FAMILY LAW