Family Law Reflecting Moral and Ethical Issues
The legal system continuously endeavours and reforms to provide effective legislative remedies and modify existing legislation to reflect the changing nature of the Australian family structure. Family law has always been a colossal aspect of Australian society with many effective measures in place for family matters. Numerous values and their effectiveness have been debated through various features of family law, and these debates continue to the present day.
Divorce is the legal dissolution of a marriage by an official court decision and was once frowned upon within society, and prior to 1974, married couples who wished to divorce had to apply under the Matrimonial Causes Act 1959 (Cth) on the ground of “fault” – that is, on the basis that one or both spouses admitted to acting in a way that undermined their marriage (for example, adultery, cruelty, insanity and desertion). However, the first major change to family law in Australia occurred when the law took reform in this aspect with the Family Law Act 1975 (Cth), which states that the only ground for divorce is the “irretrievable breakdown of the marriage”, such as the case in the marriage of Todd (1976), one or two of the spouses must consent for divorce. The declining influence of religion and the idea that marriage does not always “last for life” were social factors that influenced this change. The erosion of the concept of fault and the establishment of a single ground for divorce thus demonstrates changing societal values and how law is changed over time.
Australian society believes that it is important to protect the disadvantaged, or those who cannot act to preserve their own rights – particularly children. After a marriage has been dissolved, it is the responsibility of both parents to provide financial support for their children as the case of Campbell and Campbell (1998) established that it is in the best interests of the child to maintain the lifestyle to which they have grown accustomed. The
Divorce is the legal dissolution of a marriage by an official court decision and was once frowned upon within society, and prior to 1974, married couples who wished to divorce had to apply under the Matrimonial Causes Act 1959 (Cth) on the ground of “fault” – that is, on the basis that one or both spouses admitted to acting in a way that undermined their marriage (for example, adultery, cruelty, insanity and desertion). However, the first major change to family law in Australia occurred when the law took reform in this aspect with the Family Law Act 1975 (Cth), which states that the only ground for divorce is the “irretrievable breakdown of the marriage”, such as the case in the marriage of Todd (1976), one or two of the spouses must consent for divorce. The declining influence of religion and the idea that marriage does not always “last for life” were social factors that influenced this change. The erosion of the concept of fault and the establishment of a single ground for divorce thus demonstrates changing societal values and how law is changed over time.
Australian society believes that it is important to protect the disadvantaged, or those who cannot act to preserve their own rights – particularly children. After a marriage has been dissolved, it is the responsibility of both parents to provide financial support for their children as the case of Campbell and Campbell (1998) established that it is in the best interests of the child to maintain the lifestyle to which they have grown accustomed. The