Family Law - Divorce Flashcards
What is meaning of divorce?
Divorce is the dissolution of a marriage under the Family Law Act 1975 and the only grounds for divorce is the irretrievable breakdown of the marriage
What did the Matrimonial Causes Act 1959 state?
Divorces could be applied under the Matrimonial Causes Act 1959 on the ground of fault including adultery, cruelty, insanity and desertion
What amendments did the Family Act 1975 do to the Matrimonial Causes Act 1959?
The Family Law Act 1975 removed the need for a party to be at fault in a divorce and established the Family court
What is the factor needed to prove that that a relationship has irretrievably broken down?
Couple must be living separately for 12 months (can live together but live separate lives), the no fault divorce principle
What is the requirement for a couple seeking to dissolve a marriage but have been married for less than 2 years?
They must attend family counselling, because the Family Law Act 1975 is designed to encourage parties to seek amicable resolutions to their problems
When can financial agreements be made?
Before, During or After a marriage
What did the Family Law Reform Act 1995 introduce?
Family Law Reform Act 1995 introduced parenting plans
What are parenting plans?
Written agreement voluntarily entered into by parents. Parents are encouraged to create plans themselves in dealing with the child’s living arrangements, amount of time the child will spend with each parent etc.
