Lils
New Member
Can somebody please help me with this dot-point. The only things i've picked up which seem important is the following.
• Divorce laws in Australia have been influenced by the laws of Britain. Early British Law saw the marriage as indissoluble. In the case of Evans v Evans (1790) the judge claimed it was important for legal and social systems to uphold the institution of marriage as "the happiness of some individuals must be sacrificed to the greater and more general good."
• The bias against women was removed in 1923 as previously husbands were able to divorce a wife for adultery whereas wives had to prove everything from adultery, incest, bigamy, cruelty and even desertion to get a divorce.
• The Matrimonial Causes Act 1959 (Cth) created uniformity in the law relating to marriage and maintained the fault based divorces. There were fourteen grounds for divorce including desertion, adultery, cruelty, attempted murder, habitual drunkenness and drug abuse and nullity (fault was proven using evidence such as photographs and witnesses which was expensive and undignified). The notion of a no-fault separation ground for divorce only occurred after the couple had been separated for a five year period with no likelihood of reconciliation. Other no fault grounds included presumption of death and insanity.
• The Family Law Act 1975 (Cth) came into force and introduced true no-fault divorce legislation. Section 48 states the only grounds for divorce are that the marriage gas broken down irretrievably. The only proof needed was to show that the couples have lived separately and apart for a period of 12 months with no likelihood of reconciliation.
• The Family Reform Act 195 (Cth) made changes to parental responsibility, children’s rights and violence within families.
have i missed out some important things ? , some advice please...
• Divorce laws in Australia have been influenced by the laws of Britain. Early British Law saw the marriage as indissoluble. In the case of Evans v Evans (1790) the judge claimed it was important for legal and social systems to uphold the institution of marriage as "the happiness of some individuals must be sacrificed to the greater and more general good."
• The bias against women was removed in 1923 as previously husbands were able to divorce a wife for adultery whereas wives had to prove everything from adultery, incest, bigamy, cruelty and even desertion to get a divorce.
• The Matrimonial Causes Act 1959 (Cth) created uniformity in the law relating to marriage and maintained the fault based divorces. There were fourteen grounds for divorce including desertion, adultery, cruelty, attempted murder, habitual drunkenness and drug abuse and nullity (fault was proven using evidence such as photographs and witnesses which was expensive and undignified). The notion of a no-fault separation ground for divorce only occurred after the couple had been separated for a five year period with no likelihood of reconciliation. Other no fault grounds included presumption of death and insanity.
• The Family Law Act 1975 (Cth) came into force and introduced true no-fault divorce legislation. Section 48 states the only grounds for divorce are that the marriage gas broken down irretrievably. The only proof needed was to show that the couples have lived separately and apart for a period of 12 months with no likelihood of reconciliation.
• The Family Reform Act 195 (Cth) made changes to parental responsibility, children’s rights and violence within families.
have i missed out some important things ? , some advice please...