Family Law – Main Arguments

Resource Description

The Nature of Family Law
□ Legal Requirements of Marriage
▪ Freedom of Choice, Coercion, Divorce

o S.5 of the Marriage Act 1961 (Cth
▪ Marriage – “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”
▪ Came from common law precedent, Hyde v Hyde (1866) and Woodmanse (1866) UK.
o Valid marriage must occur under a;
▪ “voluntary union”, “entered into for life” and “to the exclusion of all others”.
o The Australian fundamental value of ‘freedom choice’ = reflected
o If one of the partners is forced or tricked into a marital affair

court can nullify the marriage.

▪ Kreet v Sampir (2011)
⇒ Marriage was taken place in India, and was recognised by court as valid under Australian law as the girl had been forced to marry under parental coercion.

o Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013
▪ Illegal to coerce someone into getting married. ▪ Term “entered into for life” has been modified to ensure that individuals are able to divorce under The Family Law Act 1975 (Cth) on the grounds of an ‘irretrievable marriage’.
▪ The term today merely expressed intention rather than the actuality of marriage in Australia and is thus reflective of the moral and ethical values of Australians in the 21 st century.