Family Law - The nature of family law - Legal requirements of marriage Flashcards
What legislation sets out requirements of valid marriage?
Marriage Act 1961
What are 3 requirements of a valid marriage?
- Must be voluntarily entered into
- Must be of marriageable age 18
- Notice of intended marriage must be lodged no later than one month of marriage and not earlier than 18 months
What happens when the marriage is deemed invalid?
The court can nullify the marriage, meaning that the marriage never took place as it was illegal
What did the Crimes (Sexual Assault) Amendment Act 1981 overturn?
It over turned the principle of consortium vitae which allowed the possibility of sexing sex with your spouse without consent. This amendment meant that marriage was no longer a defence for sexual assault.
What is maintenance under the Family Law Act 1975?
This is the amount of money paid by a person to support his or her wife or former wife or husband.
What is spousal maintenance?
A persons responsibility to financially assist his or her spouse after divorce
What occurs when a spouse dies intestate without a will?
The surviving spouse and any children will receive the property
