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Australian Family Law
Australian family law is principally found in the federal '' Family Law Act 1975'' and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978). Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the '' Family Law Act 1975'', which establish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law Act 1975
The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated ''de facto'' partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the ''Matrimonial Causes Act 1961'', which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney. Background Though the Commonwealth had the power since federation in 1901 to make laws affecting divorce and related matters such as custody and maintenance, it did not enact such national uniform laws until 1961, when the ''Matrimonial Causes Act 1959'' came into o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and " unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as " ll; ineffectual; nugatory; having no legal force or binding effect...." In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract A quasi-contr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norfolk Island
Norfolk Island ( , ; ) is an States and territories of Australia, external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head, New South Wales, Evans Head and about from Lord Howe Island. Together with the neighbouring Phillip Island (Norfolk Island), Phillip Island and Nepean Island (Norfolk Island), Nepean Island, the three islands collectively form the Territory of Norfolk Island. At the 2021 Australian census, 2021 census, it had 2,188 inhabitants living on a total area of about . Its capital is Kingston, Norfolk Island, Kingston. East Polynesians were the first to settle Norfolk Island, but they had already departed when Kingdom of Great Britain, Great Britain settled it as part of its 1788 colonisation of Australia. The island served as a penal colony, convict penal settlement from 6 March 1788 until 5 May 1855, except for an 11-year hiatus between 15 February 1814 and 6 June 1825, when ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South Australia to the west. Its coast borders the Coral Sea, Coral and Tasman Seas to the east. The Australian Capital Territory and Jervis Bay Territory are Enclave and exclave, enclaves within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. , the population of New South Wales was over 8.3 million, making it Australia's most populous state. Almost two-thirds of the state's population, 5.3 million, live in the Greater Sydney area. The Colony of New South Wales was founded as a British penal colony in 1788. It originally comprised more than half of the Australian mainland with its Western Australia border, western boundary set at 129th meridian east in 1825. The colony then also includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States And Territories Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereignty, sovereign, administrative divisions that are autonomous administrative division, self-governing polity, polities, having ceded some sovereign rights to the Australian Government, federal government. They have their own state constitutions in Australia, constitutions, Parliaments of the Australian states and territories, legislatures, Premiers and chief ministers of the Australian states and territories, executive governments, Judiciary of Australia#State and territory courts and tribunals, judiciaries and state police#Australia, law enforcement agencies that administer and deliver public policy, public policies and programs. Territories can be autonomous administrative division, autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Citizen
The primary law governing nationality of Australia is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the country after that date receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Children born in Australia to New Zealand citizens since 1 July 2022 also receive Australian citizenship at birth. Foreign nationals may be granted citizenship after living in the country for at least four years, holding permanent residency for one year, and showing proficiency in the English language. Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. After federation as a Dominion within the British E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reconciliation (family Law)
Reconciliation in family law is the process by which parties who are legally separated resume their marital relationship and cohabitation Cohabitation is an arrangement where people who are not legally married live together as a couple. They are often involved in a Romance (love), romantic or Sexual intercourse, sexually intimate relationship on a long-term or permanent basis. .... Reconciliation is allowed because separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ... by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose."See, ''e.g.'', N.Y. Domestic Relations Law § 203, found aNew York State Assembly website accessed March 17, 2014. References Family law {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marital Separation
Marital separation occurs when spouses in a marriage stop living together without getting divorced. Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony, whether to have sole custody or shared parenting of any children, and the amount of child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (state or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forced Marriage
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later forced to stay in the marriage against their will. A forced marriage differs from an arranged marriage, in which both parties presumably consent to the assistance of their parents or a third party such as a matchmaking, matchmaker in finding and choosing a spouse. There is often a continuum of coercion used to compel a marriage, ranging from outright physical violence to subtle psychological pressure. Though now widely condemned by international opinion, forced marriages still take place in various cultures across the world, particularly in parts of South Asia and Africa. Some scholars object to use of the term "forced marriage" because it invokes the consensual legitimating language of marriage (such as husband/wife) for an experience that is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriageable Age
Marriageable age is the minimum legal age of marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriageable age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same. The 55 parties to the 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages have agreed to specify a minimum marriageable age by statute law‚ to override customary, religious, tribal laws and traditions. When the marriageable ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Siblings
A sibling is a relative that shares at least one parent with the other person. A male sibling is a brother, and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause siblings to be raised separately (such as foster care or adoption), most societies have siblings grow up together. This causes the development of strong emotional bonds, with siblinghood considered a unique type of relationship. The emotional bond between siblings is often complicated and is influenced by factors such as parental treatment, birth order, personality, and personal experiences outside the family. Medically, a full-sibling is a first-degree relative and a half-sibling is a second-degree relative as they are related by 50% and 25%, respectively. Definitions The word ''sibling'' was reintroduced in 1903 in an article in '' Biometrika'', as a translation for the German ''Geschwister'', having not been used since Middle English, specifically 142 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bigamy
In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. Bigamy is a crime in most countries that recognise only monogamous marriages. When it occurs in this context often neither the first nor second spouse is aware of the other. In countries that have bigamy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
