Family Law

Question 1

What does family law regulate?

Answer 1

Relations between individuals in a family

Question 2

When is family law typically utilized?

Answer 2

When an issue arises, e.g. divorce, marriage, child maintenance

Question 3

What does the family legal system prioritize?

Answer 3

Maintaining relationships and protecting the individuals involved

Question 4

Who are the individuals involved in family law?

Answer 4

Parents, husbands, wives, children, step-parents, adopted siblings

Question 5

What are the three types of relationships in family law?

Answer 5

• Families with children
• Married couples
• De facto couples

Question 6

What role do families play in society?

Answer 6

Fundamental units responsible for caring for its members

Question 7

Which act regulates the relationships between individuals in a family?

Answer 7

Family Law Act 1975 (Cth)

Question 8

What does the family law system emphasize?

Answer 8

The need for reconciliation

Question 9

What does family law encourage individuals to do?

Answer 9

Solve issues themselves

Question 10

How has the nature of families changed over time?

Answer 10

Society’s values have changed, e.g. being a single mother is more acceptable today than in the 1950s

Question 11

Has the law kept up with changes in societal values regarding families?

Answer 11

No, there are still areas where the law hasn’t kept up

Question 12

What is the emphasis of the Family Law Act 1975 Commonwealth?

Answer 12

The need for reconciliation and encourages people to solve issues themselves

Question 13

True or False: The law has completely reflected the change in societal values on families.

Answer 13

False

Question 14

What federal law regulates marriage and divorce in Australia?

Answer 14

Marriage Act of 1961

This act outlines the legal requirements for marriage in Australia.

Question 15

What are the age and relationship requirements for a legal marriage under the Marriage Act 1961?

Answer 15

At least 18 years old and not related

This ensures that individuals involved in the marriage meet certain legal criteria.

Question 16

What does the Family Law Act 1975 (Cth) require from those involved in a marriage?

Answer 16

Care for one another and no violence

This act emphasizes the responsibilities and conduct expected in a marriage.

Question 17

Define de facto relationships.

Answer 17

Couples who have lived together for more than two years, not legally married, can be hetero or homosexual

This category recognizes long-term partnerships outside of traditional marriage.

Question 18

What recognition did de facto couples gain in 2008?

Answer 18

Rights to spousal maintenance, joint superannuation, and Medicare

This change was due to the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008.

Question 19

What does the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) do?

Answer 19

Treats de facto couples as married couples

This legislation acknowledges the societal view of de facto relationships.

Question 20

What is the purpose of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws) Act 2008 (Cth)?

Answer 20

To treat gay couples as de facto couples

This act ensures equal treatment under the law for same-sex relationships.

Question 21

True or False: De facto couples must be legally married to receive spousal maintenance.

Answer 21

False

After 2008, de facto couples gained rights similar to those of married couples.

Question 22

Fill in the blank: The Marriage Act of 1961 requires individuals to be _______ years old to marry.

Answer 22

18

Question 23

What are the two major acts that support the rights of de facto couples?

Answer 23

• Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008
• Same-Sex Relationships (Equal Treatment in Commonwealth Laws) Act 2008

These acts collectively enhance the legal standing of de facto relationships.

Question 24

What is the definition of marriage under the Marriage Act 1961?

Answer 24

Marriage is defined as the union of two people.

Question 25

What is the minimum age to enter into a marriage?

Answer 25

You need to be at least 18 years old, but you can be 16 or 17 with court authorization.

Question 26

What is a requirement regarding previous marriages?

Answer 26

You can’t already be married.

Question 27

What is a requirement regarding family relations?

Answer 27

You can’t be related.

Question 28

What must a couple do to be recognized as married on their wedding day?

Answer 28

The couple must sign a marriage contract in front of two witnesses and an authorized celebrant.

Question 29

What must be done with the marriage certificate after the wedding?

Answer 29

It must be lodged with the Registry of Births, Deaths and Marriages within 14 days.

Question 30

What happens if the legal marriage process is not followed?

Answer 30

The marriage will be considered void, meaning it didn't meet legal requirements.

Question 31

Can you provide an example of a void marriage?

Answer 31

When the ACT declared same-sex marriage legal, many couples married, but the high court later declared the law invalid, making those marriages void.

Question 32

What does maintenance refer to in the context of marriage?

Answer 32

Financial payments made by one spouse to another to contribute to the welfare of the spouse or children ## Footnote Maintenance is often a significant consideration during divorce proceedings.

Question 33

According to Section 72 of the Family Law Act, when are spouses required to provide maintenance?

Answer 33

Until the other spouse becomes financially independent ## Footnote This includes situations where one spouse may have been a stay-at-home parent.

Question 34

What is required of parents in terms of child support payments according to the Family Law Act?

Answer 34

Payments must be made until the children turn 18 ## Footnote This obligation is separate from spousal maintenance.

Question 35

What does property rights refer to in the context of marriage?

Answer 35

Distribution of the value of a couple's home if one spouse dies or the couple separates ## Footnote Property rights can significantly impact financial outcomes in divorce.

Question 36

What happens to property in the case of death if spouses are joint tenants or owners?

Answer 36

They have equal shares of the property ## Footnote This principle applies regardless of individual contributions.

Question 37

How is property distribution determined in the case of separation?

Answer 37

Depends on the length of the marriage and contributions during the marriage ## Footnote Contributions can be both financial and non-financial.

Question 38

Are spouses responsible for each other's debts or contracts?

Answer 38

No, one spouse is not responsible for the debts or contracts of the other spouse ## Footnote This emphasizes the importance of individual financial responsibility.

Question 39

What is a will?

Answer 39

A document stating how a person wants to have their assets distributed after their death ## Footnote Wills are crucial for ensuring that assets are passed on according to one's wishes.

Question 40

What happens to a person's assets if they die without a will?

Answer 40

Their assets will generally go to their spouse and children ## Footnote This is known as dying intestate.

Question 41

What happens to sections of a will that favor an ex-spouse if the couple has separated?

Answer 41

They will be removed ## Footnote This helps to ensure that the will reflects the current wishes of the individual.

Question 42

What does the law provide regarding the resolution of divorce and separation?

Answer 42

Mechanisms to regulate the amicable resolution ## Footnote Amicable resolutions are generally less contentious and more efficient.

Question 43

Why is it easier to share parental rights and property if a divorce is amicable?

Answer 43

Because the parties are still friendly ## Footnote Friendly divorces often lead to better cooperation in co-parenting arrangements.

Question 44

Fill in the blank: Maintenance refers to _______ payments made by one spouse to another.

Answer 44

financial ## Footnote Maintenance is crucial for the welfare of the dependent spouse.