LAW 2512 Final: Family - Final Notes
Document Summary
The commonwealth was given the power to make laws regarding marriage, divorce and matrimonial causes to provide uniformity across the federation. But due to its complexity, it wasn"t until 1959 that the cth first attempted to exert its constitutional power in this area. The matrimonial causes act incorporated 14 grounds for divorce including adultery, desertion, cruelty, violence and separation. These grounds were established on the balance of probabilities that one of the transgressions had occurred. The reasons given for divorce were considered to be publicly humiliating as a result of the media"s role. This led to debate over the appropriateness of the act. The fla was then enacted, and notwithstanding significant amendment, still forms the basis for contemporary family law today. The most significant change was the replacement of the all various grounds for divorce with one solitary ground irretrievable breakdown of marriage. This ground is established by 12 months separation. However the definition of separation" has caused some debate.
