Unit 2 Area of Study 3 The Law in Focus Chapters 12 Video on Weebly PowerPoint in file Marriage Act 1961 cth Common Law case law definition The voluntary union for life of one man and one woman to the exclusion of all others ID: 631600
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Slide1
MARRIAGE & DE FACTO RELATIONSHIPS
Unit
2, Area of Study 3 – The Law in Focus
Chapters 12Slide2
Video on Weebly
PowerPoint
in fileSlide3
Marriage Act 1961 (cth
)
Common Law (case law) definition:
‘The voluntary union for life of one man and one woman to the exclusion of all others’
Common law (case law) has been restated to the Marriage Act 1961 (Cth):‘union of a man and woman to the exclusion of all others, voluntarily entered into for life’Slide4
Requirements of a valid marriage
Marriage is a legal contract and certain requirements must be met for a marriage to be considered valid:
Be a marriageable
age
Not be closely relatedBe of the opposite sexBe
free
to marry
Make a
voluntary
commitmentSlide5
Marriageable age
18 years+
U
nder 18 years:
Need the consent of their parents (guardian) and the Magistrates’ Court to marry.If parental consent is refused, an application may be made to the courts for an order overriding the parents’ wishes.When a young person (16 or 17 years) applies for permission to marry, the court must be satisfied that there are ‘exceptional and unusual’ circumstances for the marriage. The court will consider:
Emotional maturity of the young people
Financial circumstances
Length and security of their relationship
Degree of independence.
Pregnancy is not a prime factor.Slide6
ClosELY
RELATED
The law forbids close blood relatives from marrying because of the effect this may have on the health of future children.
Someone cannot marry their ancestors or
descendants…ParentsChildrenGrandparentsGrandchildrenBrothers
Sisters
Applies to brothers and sisters who have been adopted.
Even though there is no genetic relationship, in every way these people are seen as legal children of a marriage.
Does the law permit cousins to marry?Slide7
Opposite Sex
A person cannot marry a person of the same sex
The legal definition of marriage in Australia is the
‘voluntary union of one man and one woman to the exclusion of all others’. Slide8
Free to marry
Read “I do, I do, I do!” (p. 330-331)
If someone has been previously married they must show:
Proof of their divorce; OR
The death certificate of their spouse.Slide9
Voluntary union
A couple must marry voluntarily.
If a marriage is undertaken for reasons of fraud or duress, it can be declared void.Slide10
Jill and Kevin’s big day: video
On
Weebly
and
in fileSlide11
THE CEREMONY
Essential elements:
1 month’s notice of intention to marry to marriage celebrant
Authorised marriage celebrant (can be a religious minister)
Bride and Groom must be present at ceremony2 witnesses over 18yearsFormal vows: “I call upon the persons here present to witness that I, A, take thee, B, to be my lawful wedded wife/husband.”Sign the marriage certificateSlide12
TIME TO WORK…
Complete the “CASE STUDIES – IS IT MARRIAGE?” on p. 339Slide13
DE FACTO PARTNERS
Definition
“People who are not married but are living as a couple on a genuine domestic basis regardless of their gender”
Classification?
The court will take into account the following factors: Duration of r/shipNature and extent of common residence (living arrangements)Sexual r/ship?Degree of commitment to a shared lifeSlide14
DE FACTO PARTNERS
Legal Consequences?
Legal recognition (essentially the same as married couples)
Social security + taxation = OK
Property? Superannuation? Relationship Register? For same-sex and opposite-sex couplesRegistration for purposes of state and commonwealth law = PROOF OF LEGAL STATUSSlide15
DE FACTO PARTNERS
Property?
Same legal rules re married couples
Court can order property division, superannuation split and spousal maintenance
Court will consider contributions (financial and otherwise) of partiesSHOULD apply for settlement within 2yrs of relationship breakdownSlide16
DE FACTO PARTNERS
(Spousal) Maintenance?
Maintenance = one party can apply for the other to support them financially if their earning capacity or standard of living has been affected by the relationship breakdown
Maintenance STOPS when someone enters into a new marriage/de facto relationship
Wills? If no will/will does not provide for living partner, they can claim on their partner’s estateSlide17
TIME TO WORK
Read
the article by Holly Wainwright and answer the questions below.
http://www.mamamia.com.au/de-facto-relationship/