legal studies deck

Question 1

Define marriage

Answer 1

as the union of a man and a woman to the exclusion of all others, voluntarily entered into and for life

Question 2

What act is associated with marriage?

Answer 2

The Marriage Act 1961

Question 3

What case defines marriage?

Answer 3

Hyde VS Hyde (1866)

Question 4

what is the case Corbett vs Corbett associated with?

Answer 4

what gender you were born with is the gender you will be recognized as

Question 5

Will a marriage involving more than two people be recognised in Australia?

Answer 5

no, and a marriage can only involve a man and a woman

Question 6

Define bigamy

Answer 6

When someone is already married but goes through another marriage ceremony.

Question 7

What is the maximum penalty for bigamy?

Answer 7

7 years

Question 8

what is a polygamous marriage

Answer 8

It is a man having more than one wife.

Question 9

what is a polyandrous marriage?

Answer 9

it is when a wife has more than one husband

Question 10

Does Australia recognize foreign marriages?

Answer 10

Australia does recognize some foreign marriages

Question 11

Does a marriage have to be voluntarily entered into?

Answer 11

yes, in section 463 it states that if it is not voluntarily entered into the marriage is invalid

Question 12

What cases demonstrate a marriage not voluntarily entered into?

Answer 12

the marriage of S, Buckland VS Buckland and Cooper VS Crane

Question 13

When would a marriage be made invalid regarding consent?

Answer 13

it was obtained with duress, fraud, one party was mentally incapable or one party did not realise it was a marriage ceremony

Question 14

What is Duress?

Answer 14

Duress is the use of force or of a threatened use of force. For example, if one party agreed to the marriage because the other party threatened harm, the marriage would be invalid because there has been a case of duress.

Question 15

what is fraud within a marriage?

Answer 15

If the consent of one of the parties to the marriage is obtained by fraud (that is when one of them told an untrue fact about themselves) meaning it would make the marriage invalid.

Question 16

What is mistake within a marriage?

Answer 16

It is when one party does not know a marriage ceremony is taking place.

Question 17

What is mental capacity within a marriage?

Answer 17

When the man or woman is incapable of knowing the type of nature and effect of a marriage ceremony.This is seen as them not truly being able to give consent to the marriage

Question 18

What is the case Hosking Vs Hosking demonstrative of?

Answer 18

it is demonstrative of fraud within a marriage as the wife only got married to the man to be in his will and beneficiary

Question 19

Define De Facto

Answer 19

De Facto is the relationship between a man and a woman, when they are living together but they are not married.

Question 20

What is the formal requirements of a marriage?

Answer 20

marriageable age, pre - marriage counselling, prohibited relationships, the marriage ceremony and the effect of the ceremony

Question 21

Define marriageable age

Answer 21

The law sets a marriageable age that is the minimum age a woman or man can freely marry. The minimum age in Australia is eighteen for both male and females

Question 22

Is there any exceptions to marriageable age?

Answer 22

the court will consider the maturity of the people who want to be married under age, as well as seeing if they understand the commitment involve in marriage. A case demonstrating this would be K VS Cullen (1994)

Question 23

Is pre - marriage counselling a legal requirement

Answer 23

it is not a legal requirement that couples go to pre - marriage counselling but some churches won’t validate your marriage unless you go to pre - marriage counselling

Question 24

What is a Prohibited relationships

Answer 24

this is when people are in a prohibited relationship such as marrying any family members by blood , or between an ancestor or descendant of the person.

Question 25

What does a marriage ceremony have to do within a marriage

Answer 25

A marriage can take at any place as long as you have permission and you have a authorized celebrant

Question 26

what section is prenuptial agreements mentioned in

Answer 26

Section 90B of the FLA (Family Law Act) inserted in 2000

Question 27

What does a prenup help with

Answer 27

division of assets and resources, maintenance of either party and any matters incidental to the others such as children or rules within the relationship

Question 28

do both parties need independent advice before they sign the prenup?

Answer 28

Yes, and the if the court thinks there has been unconscionable conduct they can set aside the contract

Question 29

what section is divorce and law covered in the Family Law Act (1975)

Answer 29

Section 48 and 49

Question 30

How long do the man and woman have to be living separate lives to go to the next step of divorce?

Answer 30

12 months

Question 31

what are the six stages of a divorce?

Answer 31

irretrievable breakdown, lived separately and apart, resumption of cohabitation, no likelihood of cohabitation being resumed, applicant for divorce and children

Question 32

what is resumption of cohabitation?

Answer 32

it is when they have a period of reconciliation for three months

Question 33

What section ensures the best interest of the children are met within a divorce?

Answer 33

Section 60B Family Law Act 1975

Question 34

who is child support provided by?

Answer 34

the non-parental parent

Question 35

what are the four ways of dividing property to a divorced couple?

Answer 35

arguments, consent orders, financial agreement or having the court decide