S3 Relationships

Question 1

when did same-sex marriage became legal in Australia?

Answer 1

9th of December 2017
“Marriage, according to law in Australia, is the union of 2 people to the exclusion of all others, voluntarily entered into for life”. - section 43(1)(a) of the Family Law Act 1975 (cth)

Question 2

what is De Facto relationship?

Answer 2

It’s a relationship between two people without any legal marriage, who lives together like married couple and financially rely on each other. One of the main element of de facto relationship is the commitment in their shared life.

Question 3

what is the legal age of marriage in Aus?

Answer 3

18years old
however, people above the age of 16 can get married in exceptional circumstances by the authority of a judge or magistrates under s12(2).

Question 4

Define De Facto relationship under section 4AA of FLA 1975?

Answer 4

1) A person is in a de facto relationship with another person if
a - those persons are not legally married to each other
b- the persons are not related by family
c- having regard to all circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis

Question 5

what does ‘couple’ mean?

Answer 5

it is not defined under FLA
However, In Taisha & Peng [2012] FamCA 385 Cronin J referred to the
definition of ‘couple’ in the ABS as:
Being two people usually residing in the same household
who share a social, economic and emotional bond usually
associated with marriage and who consider their
relationship to be a marriage or marriage-like union. The
relationship is identified by the presence of a registered
marriage or a de facto marriage.
Cronin J added:
- ‘…a domestic relationship must be one in which there are
activities of running a household or shared households’ and
‘…must be seen to related to domesticity…’

Question 6

when there is a doubt on whether a de-facto relationship existed, who can specify the relationship?

Answer 6

Under s90RD(1) of FLA, the court has the right to declare the existence or non-existence of a de facto relationship.
under s90RD(2), the court can specify the details of a de facto relationship such as;
- the period/s of the relationship
- whether there is a child of the relationship
- whether one of the parties made substantial contributions
- when the relationship ended

Question 7

can a de facto couples legally register their relationship in Vic?

Answer 7

Yes, under the Relationships Act (Vic) 2008

Question 8

the process of divorce in Vic?

Answer 8

one or both of the couple submit a divorce application before the court. 
And The applicant must demonstrate that:
- the marriage has broken down
irretrievably: s48(1) FLA
- that there is no reasonable likelihood
of reconciliation: s48(3) FLA
- there has been 12 months of
separation s48(2) FLA

Question 9

Elements of separation?

Answer 9

1. Intention: Intention to sever, or not to resume,
   the marital relationship The Marriage of Todd
   (1976)
2. Action: To act on that intention, or alternatively
   act as if the marital relationship has been
   severed: The Marriage of Todd (1976)
3. Communication: Communication of the
   necessary intention to separate, which may be
   direct or indirect: The Marriage of Falk (1977).

Question 10

How to determine the end of a de facto relationship?

Answer 10

The end of a de facto relationship is when the parties seperate,
which will be determined by the Court as a question of fact having regard to the whole relationship: D v McA (1986).

Question 11

in a de fatco relationship, does separation require the consent of both parties?

Answer 11

No, Separation does not have to be consensual (by agreement) but may occur by the unilateral action of one partner : Hibberson v George (1989)