De Facto Relationships

1529 Words Oct 17th, 2013 7 Pages
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
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Legislation such as the Anti-Discrimination Act 1977, Family Law Act 1975, Family Law Amendment Act, the Property (Relationships) Act 1984 and the Family Law Amendment (De Facto Financial Matters and Other Measures) 2008 are all used to make the necessary changes in the law, as a result of Australia’s participation in the treaties, in order to comply. The Anti-discrimination Act 1977 under section 4.39 prohibits the discrimination on the ground of marital or domestic status, including that of a de facto relationships. This reflects Article 2 of the ICESCR, which states that ‘rights will be exercised without discrimination of any kind as to marital status’. Similarly, the Family Law Act 1975 addresses Australia’s International obligations of the Conventions on the Rights of the Child. Section 60B of the Family Law Act outlines the provisions in dealing with the best interests of the child in court proceedings. The principles underlying these objects include the principles of CROC in that it has similar ideologies about the growth welfare and development of the child and protection from abuse, psychical and psychological harm. Reflecting article 5 of CROC, section 60CA of the Family Law Act affirms the principle that ‘a court must regard the best interests of the child as the paramount consideration’. Article 25 of the
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