Essay on Necessity of Pre-nuptial Agreements within Australia

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.

Yet, various attempts of reform since 1973 have been unsuccessful. The most notable is the Family Law Act 1996, which received royal assent however, part 11 which covered the area of divorce was repealed in 2011. The central aims of this were to strengthen marriage and allow marriages to be ended in a dignified, thoughtful manner with minimum distress and humiliation to the parties. It could be argued that if these provisions were implemented that the law surrounding divorce would appear very different today in that it could

The United States of America is the land of the free and the home of the brave; however, it can also be called the country that holds the highest divorce rates. America’s divorce rate in 2010 was at forty one percent and is still currently growing (Divorce Rates by Country). Forty percent of these divorces had children involved (Divorce Rates in America). With such shocking statistics, it is easy to see that America’s divorce system is in dire need of change. Since divorce can ruin families, harm a child’s all around well-being, and holds the potential of being prevented, there should be more strict regulations to receive a divorce and a stronger push for covenant marriages.

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

With regards to the issue of divorce, Hyde vs Hyde originally defined marriage as a union ‘for life’, hindering the ability to seek divorce. Eventually the 1959 Matrimonial Causes Act (Cth) created 14 grounds for divorce. Despite this improvement on the previous law, these grounds where still not very accessible. This was reduced to just the one ground – “irretrievable breakdown of a marriage,” in the 1975 FLA. This change was a response to the needs of a changing society, bringing in ‘no fault’ within a divorce. This shows the law is very effective with dealing relationship breakdowns and the ability to reform to align with

The processes and laws regulating property orders for divorcing couples are found in Part VIII of the FLA. In Australia the main requirement of property division is coming to an outcome that is just and equitable for both parties on a case-to-case basis (Mallet V Mallet (1984)). When deciding upon this, three considerations are

But this has not always been so. The system existing before the adoption of the Family Law (Scotland) Act which was to be found in the now repealed section 5 of the Divorce (Scotland) Act 1976 was characterised and criticized for its lack of clear guidance and objectives regarding the making of settlements and the great judiciary discretion it led to . Courts could take into account all the circumstances they wished and the English legal framework established by the aforementioned Matrimonial Causes Act 1973 was more developed that the position prevailing in Scotland at that time . “A key aim of the 1985 Act was therefore to create a much clearer framework to inform decisions about the financial consequences of divorce” . This as undeniably

Divorce is a rising social issue in the United States of America, but it is not a new concept. Divorce has been a social issue since at least 1867 when for every 35.9 marriages, one couple were to get a divorce (Huth, 1947). Although divorce is not a new concept, it has become more social acceptance which is raising the divorce rate over the years. Another controversial topic in divorce is when the two people divorcing have a child or children together. Approximately 150,000-200,000 children in the United States of America are affected by divorce yearly (Huth, 1947).

I feel that this should be removed because there are couples where the man or the lady is getting abused by the other half also referred to as domestic violence and this is why I believe the minimum time split between the couples of 12 months before being able to apply for a divorce should be removed because if a man or a lady is experiencing that in the relationship they should be allowed to apply for a divorce almost instantly because it then It allows them to move on with their life not still being a part of the abusers life and being able to get abused or controlled. Although the Marriage law act has been in place since 1961 some parts of it is a little date, thus which brings me to suggesting the act being changed in part which adapt to the society and the 21st century first being that Same-sex couples should be allowed to get married because although some people find it not right I feel as though they couples should be allowed to marry because it makes them happy and it also isn’t affecting the community by them being married it’s the exact same as a normal marriage only difference it’s a man and a man or a woman and woman. The last thing I think should be changed is that the law should be changed to that a couple should be allowed to marry at the age if 16 or higher cause if a man or woman is deemed legal at 16 they should also be allowed to marry at the age of

When getting married contracts are everywhere, so the first thing that is necessary to begin the process is a proposal or an offer. When one proposes to another this individual is demonstrating an offer by giving the recipient a choice to accept or decline. When involving consideration into marriage something of value that is at play for someones hand in marriage is a wedding ring an object that serves as a simble being exchanged for marriage. Then during the process of marriage both vow to take an oath to be by ones side and to never lie or cheat on one another. Thus bringing terms and conditions into the process that both parties can agree or disagree with. When signing your marriage contract you and your significant other are agreeing

You can take help of a family law office to have a prenuptial assention before you get hitched. A prenuptial understanding contains points of interest on how the money related and different matters will be settled on the off chance that your marriage closes in separation. This is a shrewd thing to do as such that you are not at misfortune and you don't need to stress over how things will turn out if your marriage breaks.

The position in Scots law regarding pre-nuptial agreement is in total opposition compared to its neighbour’s. In fact, marital agreements generally speaking have never been deemed contrary to public policy . By contrast, it is “trite law” that parties are free to enter into nuptial agreements as they see fit . And as early as 1985, it was clear that “parties may by agreement oust the jurisdiction of the court” . In other words, in Scotland marital agreements, called “minutes of agreements”, are binding legal contracts that are enforced provided that the standard requirements for the validity of contracts, mainly capacity and consent, are met . Nuptial agreements may be entered into before or during the marriage or after the relationship has ended, without any difference of treatment being made .

According to the Centers for Disease Control and Prevention (CDC), in 2011 there were 2,118,000 marriages in the United States and almost half as many divorces (2013). The CDC also reports that only half of all first marriages will reach their twentieth anniversary. Divorce is a topic everyone is familiar with and it has almost become a normal part of life. While it is assumed that more divorces occur now than in the previous generation, the CDC actually reports that divorce rates have dropped over the past twenty to thirty years, though this could be due to the increase in individuals who live together without ever getting married or those who simply separate and cannot afford to become legally divorced. However, it has become a more

Historic change in American matrimony is especially pronounced in three areas: the equalizing of the respective rights and duties of wives and husbands, the dissolution of marital prohibitions based on race, and the evolution from state-defined grounds for divorce to couple-defined no fault divorce. The most recent area of debate is whether the state should sanction marital consent between same-sex couples. Although such a prospect is unthinkable to some, earlier forms of legal marriage are equally unimaginable now.