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Family Law - The nature of family law - Legal requirements of marriage Flashcards

(7 cards)

1
Q

What legislation sets out requirements of valid marriage?

A

Marriage Act 1961

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2
Q

What are 3 requirements of a valid marriage?

A
  • Must be voluntarily entered into
  • Must be of marriageable age 18
  • Notice of intended marriage must be lodged no later than one month of marriage and not earlier than 18 months
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3
Q

What happens when the marriage is deemed invalid?

A

The court can nullify the marriage, meaning that the marriage never took place as it was illegal

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4
Q

What did the Crimes (Sexual Assault) Amendment Act 1981 overturn?

A

It over turned the principle of consortium vitae which allowed the possibility of sexing sex with your spouse without consent. This amendment meant that marriage was no longer a defence for sexual assault.

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5
Q

What is maintenance under the Family Law Act 1975?

A

This is the amount of money paid by a person to support his or her wife or former wife or husband.

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6
Q

What is spousal maintenance?

A

A persons responsibility to financially assist his or her spouse after divorce

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7
Q

What occurs when a spouse dies intestate without a will?

A

The surviving spouse and any children will receive the property

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