Family Law

Family Law Essay Introduction * As societies become more diverse and complex the law needs to resound these changing accessible determine in order to remain further. * invoke something relating to given question. * State thesis Thus, family law is very effective/ hardly effective to an extent in * This is due to the success of law reforms that efficaciously address * However, this effectiveness is hindered by the limited falsifys made to include aforementioned(prenominal)-sex mating within contemporary legislation. Effective Divorce Divorce is the legal dissolution of a wedding party. The Australian family law placement has implemented significant law reforms that set the matter of fall apart in accordance to changing societal values. * preliminary to 1974, decouples applied under the Matrimonial Causes make out 1959 were on the ground of fault, which included 14 grounds such(prenominal) as infidelity, cruelty and renunciation whereby one or both spouses had to a dmit to their wrongdoing that undermined their divorce. Such submissions for divorce were perceived as genially immoral and thus those who took these actions were negatively judged by the community of interests.* However, in 1975, a major reform to family law occurred whereby the Family Law Act 1975 (Cth) was passed and introduced no fault divorce, where the only ground was irretrievable breakdown, which allowed couples to divorce after separation. * This idea of a 12 month separation closure with the intention to divorce was established in the Tye v Tye case. Ultimately, the reform change magnitude the accessibility of divorce and reduced the stigma attached with it. This fundamental change to divorce law was clearly a reaction to changing social values, where guild has accepted that people should not be left confine in an unhappy marriage, reinforcing the basic right to live in freedom. Effective domestic violence Domestic violence has been recognised as an ongoing social is sue and community-wide problem, rather than just a private matter. wherefore legislative reforms have effectively reflected these changing attitudes in he community through introducing further protection for victims of domestic violence as a means of improving previous legislation. * In the 1800s, domestic violence against women was satisfying as they were under ownership of men.* Over time the legal system has overcome these injustices in order to reflect the importance of individuals rights, through the introduction of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) which amended the Crimes Act 1900 (NSW) as it provided extensive protection children and adults victims of domestic violence. Such protection predominately include understand Domestic Violence Orders (ADVOs) which are an effective means in lessen the incidence of domestic violence as they are a quick, sixpenny and accessible form of protection which is admited by full heaviness of the criminal law if breached. * The effectiveness of ADVOs is highlighted in the article, Girl died of starvation, neglect fasten (21/05/09, SMH) as this legal instrument had protected the lives of two children from suffering the same neglect as their deceased sister, at the hands of their parents. Ineffective Recognition of same-sex relationshipsAs society diversifies, there is an increasing acceptance of same-sex relationships which, however is not accurately reflected within the family legislation. * Initially, there have been progressive improvements to family law including the introduction of the Property (Relationships) formula Amendment Act in 1999 which changed the definition of de facto relationships to non-gender specific and the Same-sex Relationships (Equal Treatment in state of matter Laws General Law reform) Act 2008 removed discrimination in areas such as tax, superannuation, child support and social security. However, in 2004, the Commonwealth authorities reaffirmed the traditional concept of marriage in the Marriage Act 1961 (Cth) as the union of man and woman, which automatically forces same-sex marriage to be void in Australia.* The exclusion of same-sex marriage within family law demonstrates that there are fluid changes needed to be made in order to meet the injustices of current law. This demand for change is evident in the media article Gay marriage advocates rally around nation (12/05/12, AAP) which reports thousands of peaceful protestors across Australia rallied in support of same-sex marriage. From this article, it shows the family laws lack of improvements from previous laws that similarly failed to meet the values of society as communities are force to take extreme measures just to voice their basic right. Therefore, the exclusion of same-sex marriages in family law deems it as super ineffective in improving previous laws as it indicates the lack of gap made to meet changing social values.