The Dissolution of Marriage

A detailed Summary of The Dissolution of Marriage


There are three family Law Act processes that cover the ending of marriages, they are:-

1. Decrees of divorce, which is the Dissolution of marriage

3. The declarations for validity of marriage

While today I shall be talking about the first one I said, The dissolution of marriage, which is the most common out of the three.

Why a marriage has broken down is not an area that the Family Court is interested in. Causes such as adultery, desertion, violence etc. that have may of contributed to the ending of in marriage are not considered by the court, as these use to be considered under the Matrimonial Causes Act 1959 (Cth). As this is the principle of "No Fault" where neither partner can be blamed for the causing of the breakdown in a marriage. And so the only ground for divorce is to prove that your marriage has ended (which is an irretrievable breakdown) and this is done by living separately for at least 12 months.

If you happen to try to live as husband and wife for less than three mo


When deciding of who should have 'residence' or 'contact' to the child, the court will consider, who has been caring for the child since the separation, the best interests long term for the child, the wishes of the child, any special needs of the child, the childs' relation ship with each parent, the parents willingness to care for the siblings involved and anything else the court finds relevant. Though then one wonders to what extent does the court consider the interest of the child when deciding this. Well by requirement of the law the interests of the child is paramount. As to lessen any undue hardship a child feels to the separation, this is why the law has been written this way.

Though it is possible for you and your spouse to live under the same roof and say you live separate and apart. For this to take part both parties are not allowed to sleep together, not go out with each other, have a reason for still living together such as lack of finances or children, they should intend to separate in the future and there are many more.

The

Some common words found in the essay are:
Law Act, Causes Act, Family Court, Court Causes, Support Act, dissolution marriage, court consider, Dissolution Marriage, family law act, law act, 'residence' 'contact', family court, marriage broken, child deciding, family law,

Approximate Word count = 708
Approximate Pages = 3 (250 words per page double spaced)

Category: Miscellaneous

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