Divorce And Divorce

Decent Essays

The Family Law Act 1975 defines divorce as ‘the termination of a marriage otherwise than by the death of a party to the marriage.’ The concept of divorce and marriage has dramatically altered as the values and beliefs of society has changed, starting with the abolishment of the fault divorce system in 1975, to the creation of online divorce kits by the Federal Magistrates Courts in 2004. While prior to the Family Law Act 1975, divorce could be considered too difficult to attain, today it is considered too easy to divorce. However, the process of marriage is seen as overcomplicated, requiring multiple prerequisites to be considered legal. When compared to the relatively difficult process of marriage, divorce can be considered too easy to attain, as a result impacting the lives of unhappily married couples and their families throughout Australia.
The definition of marriage, as stated in the Marriage Act 1961, specifies that for a couple to attain marriage, there needs to be a union
1. Of a man and a woman
2. That excludes all others
3. That is voluntarily entered into
4. For life
There are also a number of requirements for before, during and after the ceremony. It must be proven that the betrothed couple are not ancestors or descendants and that, unless the situation is specifically reviewed by the court, neither party is under the age of 18. On the day of the marriage, three certificates must be signed by the couple, two witnesses and an authorised celebrant. The marriage

Get Access