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Legal essay
intro - crucial aspect main : aim resolve a issue fairly law made significant changes (law reform) key pieces : legislation - justice has been achieved law recognises different elements effected legislation - divorce, custody, property dispute resolution - rebuild a relo divorce : family law act 1975 (cwlth) "no fault divorce " - neither are blamed 1 ground - "irretrievable breakdown" prior - martimoral causes act 1959 need to inform the spouse - separate within 12 months application - Family Law court 1 issue - decree nisi 1 month later - decree absolute (ended) change - reaction to divorce accepting society - domestic violence can live "separately apart" one roof. - financial issues divorce - finances all on contracts privison to reconsile "kiss and make up" 95% settled in court break down : 2 issues - custody , property. property - Family law act 1975 martial property before a court hearing - consent order relies on court does not refer a property settlement to the family court guidlines financial and not contribution future of each nws defacto - district court before "property settlement " - included courts and contribution analysed "not a long term commitment" Marriage of kemp 1976 - wife and mother has "equal to the mans " 50/50 split in property settlement court established agreements 2008- "Moore vs Moore " 67 wife 38 man - children were young wife had extravagant spending - man unequal ended being equal courts may leave selling to children in the marriage o'dea 1980 - alcoholic may be banned from returning children aus family law - convention rights of a child (1989) emotive and bittery part vii - family law act - "best interests of a child" befit both parents , involvement , maximul alters . protect proper parenting parties fullfill duties as parents what happens when they get into a relo? Harris vs Harris - best for child - role of courts family court 1975 jurisdiction - australian consitution parental cases
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