The Family Law Act 1975 (cth) 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 (cth), 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 (cth), 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
Which marriages meet the requirements for dissolution is defined by legal standards. Over the last 200 years, the grounds for divorce in Western societies have expanded. These expansions have made divorce more accessible. Although the divorce rate has increased, there is not a clear link between the accessibility and this increase. Other key influences effecting divorce rates include economic, social, cultural, demographic and institutional factors.
Most people don’t ever think that they will get a divorce but the reality is that almost half of marriages will end in divorce. Divorce is not a decision that is made or taken lightly; its effects on families are damaging and not to mention long lasting. The Oxford Dictionary (2017), describes divorce as “a legal decree dissolving a marriage by a court or other competent body”. When a couple decides to separate numerous aspects of their lives are affected. Divorce affects family dynamics, physically and emotionally health, education, finances, job stability, income potential, drug use and crime. Divorce does not simply affect the lives of families; it affects America as a whole religiously, economically, and it immensely impacts the lives of the children involved.
In the terms of Divorce – the legal termination of marriage, this has increased immensely since 1971 due to the change in legislation that had liberalized divorce, made it cheaper and easier to obtain. The Divorce Reform Act of 1971 was the most important because prior to 1971, one partner had to provide ‘evidence’ that they had been wronged by the significant other (matrimonial offence). Due to the change of the law, it allowed people to divorce on the basis of “irretrievable breakdown”. In addition, since 1984, the Matrimonial and Family Proceedings Act reduced the time limit for divorce for a minimum of 3 years of marriage to only one year. After this act, the divorce rate shot up again, as it did in 1971. Now, people were finally able to legally to end all connections, as previously when divorce was either too expensive or difficult to obtain, separation was very common, which was when a couple decided to live away from each other.
As generations pass by, divorce is becoming more of a social norm than a problem between two individuals. Divorce once was a private household issue but it became widespread only a couple of decades ago. According to the statistics, in the 1950s only 3% of families got divorced and in the 1960s it was already 10%. In the 1980s, 33% of families opted for divorce due to various environmental factors. Recent studies in Canada today, show that the rate of divorce is changing to an extent such that 4 in 10 marriages end in separation. Divorce is a sensitive concept which lies beyond two individuals simply falling out of love as is both the cause and an effect. The many factors that contribute to divorce are extramarital affairs, financial struggles, and the lack of communication.
Each year as families are progressing to be built there are more familes decreasing. The online database “The Effects of Divorce In America” connects to how many children will grow to see there parents divorce before the age of 18. “Mounting evidence in social science journals demonstrates that the devastating physical, emotional, and financial effects that divorce is having on these children will last well into adulthood and affect future generations”. This problem that is occurring with children being involved in divorces is causing the world to be kept at a low with violence and education. Which is allowing behavioral effects and the rate of divorces to be kept at a high. With the lowering of children having families also only “42 percent of children aged 14 to 18 live in a “First Marriage” family”. Having such high rates with divorces, child influence is a major factor when separating.
Family Law Act 1975, in the same year established the Family Court of Australia, and the Act focuses on issues as a result of martial breakdown, such as ‘no fault divorce’; best interest of children, equal valuation of partners contributions (breadwinner / homemaker), equal consideration of mother and father when assessing custody. The Act has been amended and evolved to include coverage for casual and de-facto relationships and ex-nuptial relationships, including distribution of debts and Superannuation as equal property, strengthening court process around domestic and family
This highlights the Australian legal systems effectiveness in protecting and recognising the changing nature of the family evident in de facto relationships. It could also be said that through the 2008 Family Law Act amendment the Australian Legal system is thinking of the future in ensuring that De Facto Relationships are being treated equally and are free from discrimination amongst society and the courts.
Adultery, desertion, the habit of drinking, insanity, and imprisonment are few of them. By proving the failure of marriage on the basis of any of these grounds can reduce the proceedings of divorce and divorce can be granted soon. Before the enactment of this law, the individual state was responsible for dealing with the divorce issues. The Marriage Act 1961 has previously included no definition of marriage. This act has been amended several times and the definition of marriage was introduced in this act during its amendment in 2004. As per the amendment the basic characteristics of marriage include the union of male and female as a voluntary decision and must be over the ages of 18. The Marriage Act provides the details of marriageable age and states the circumstances in which marriage is considered void. This act has the power to legalise foreign marriage, same-sex marriage, and the birth of a child before the marriage of the couple. It also deals with the offence of
What is the definition of marriage? Over the years, the word marriage has been challenged from its current definition as listed in Merriam-Webster 's Dictionary as an act of marrying or being married between a man and a woman. Marriage can also be defined in the Oxford Dictionary as the formal union of a man and a woman, typically recognized by law, by which they become husband and wife. The word marriage becomes a special type of bond between two people that share the same desire to become the other person’s life partner. Marriage can be challenging between two people based on their current government state laws, in their religious and cultural beliefs as well as challenging to the word to be defined
Legislation recognising pre-nuptial agreements has been well overdue and this recognition will significantly improve the social and economic impact of divorce.
In 1995, Statistics Canada data shows that 30% of marriages split (McGovern). Since the 1960’s, marriage and divorce have been undergoing profound changes which have altered the meaning of marriage, the chances of its ending in divorce and the circumstances attached to marriage. These changes have made it easier for couples to obtain a divorce due to the changing laws and changing morals of society. The changes include three new grounds needed to prove marital breakdown, such as your spouse committing adultery, your spouse causing mental or physical cruelty or a separation of a year it was previously three years. Divorce also impacts the family as a whole, not only the children but also the two parties
In the world today, many men and women believe divorce is always a dreadful thing that occurs, but there is actually a beneficial side to it. Divorce has been around for many years and mainly just men were the only ones capable to make the decisions. Until, The Guardian states,” The 1857 Matrimonial Causes Act allowed ordinary people to divorce.” Under this new law, it was capable for women to make the decision, they just had to prove the facts to withhold a divorce. Following 1857, in 1923 there was a private member’s bill that allowed women to petition for a divorce for adultery. However, it only made it a little bit easier, they still needed to prove the reason. A few years later, they were able to pass another law, this law allowed divorce
In the world today, many men and women believe divorce is always a dreadful thing that occurs, but there is actually a beneficial side to it. Divorce has been around for many years and mainly just men were the only ones capable to make the decisions. Until, The Guardian states,” The 1857 Matrimonial Causes Act allowed ordinary people to divorce.” Under this new law, it was capable for women to make the decision, they just had to prove the facts to withhold a divorce. Following 1857, in 1923 there was a private member’s bill that allowed women to petition for a divorce for adultery. However, it only made it a little bit easier, they still needed to prove the reason. A few years later, they were able to pass another law, this law allowed
Several factors come into play when considering the impact that a divorce has on the child’s future relationships, including age at the time of the divorce, gender, upbringing, etc. For the most part however, there are a few crucial parts of a relationship that most divorces affect, whether the relationship be with a friend, family member or significant other.
“DIVORCE” – Just the sound of such word in any married couple or children’s ear can cause great agony that can even become terminal. Research and personal experience, has proven that in today's society, divorce is more common amongst newlyweds. Since 2009 the rate of divorce has increased to approximately forty percent, There are three out of every ten marriage that ends up in divorce before it reaches the stage of maturity, and the most prevalent results are – lack of communication and infidelity.