Flashcards in legal studies deck Deck (35)
as the union of a man and a woman to the exclusion of all others, voluntarily entered into and for life
What act is associated with marriage?
The Marriage Act 1961
What case defines marriage?
Hyde VS Hyde (1866)
what is the case Corbett vs Corbett associated with?
what gender you were born with is the gender you will be recognized as
Will a marriage involving more than two people be recognised in Australia?
no, and a marriage can only involve a man and a woman
When someone is already married but goes through another marriage ceremony.
What is the maximum penalty for bigamy?
what is a polygamous marriage
It is a man having more than one wife.
what is a polyandrous marriage?
it is when a wife has more than one husband
Does Australia recognize foreign marriages?
Australia does recognize some foreign marriages
Does a marriage have to be voluntarily entered into?
yes, in section 463 it states that if it is not voluntarily entered into the marriage is invalid
What cases demonstrate a marriage not voluntarily entered into?
the marriage of S, Buckland VS Buckland and Cooper VS Crane
When would a marriage be made invalid regarding consent?
it was obtained with duress, fraud, one party was mentally incapable or one party did not realise it was a marriage ceremony
What is Duress?
Duress is the use of force or of a threatened use of force. For example, if one party agreed to the marriage because the other party threatened harm, the marriage would be invalid because there has been a case of duress.
what is fraud within a marriage?
If the consent of one of the parties to the marriage is obtained by fraud (that is when one of them told an untrue fact about themselves) meaning it would make the marriage invalid.
What is mistake within a marriage?
It is when one party does not know a marriage ceremony is taking place.
What is mental capacity within a marriage?
When the man or woman is incapable of knowing the type of nature and effect of a marriage ceremony.This is seen as them not truly being able to give consent to the marriage
What is the case Hosking Vs Hosking demonstrative of?
it is demonstrative of fraud within a marriage as the wife only got married to the man to be in his will and beneficiary
Define De Facto
De Facto is the relationship between a man and a woman, when they are living together but they are not married.
What is the formal requirements of a marriage?
marriageable age, pre - marriage counselling, prohibited relationships, the marriage ceremony and the effect of the ceremony
Define marriageable age
The law sets a marriageable age that is the minimum age a woman or man can freely marry. The minimum age in Australia is eighteen for both male and females
Is there any exceptions to marriageable age?
the court will consider the maturity of the people who want to be married under age, as well as seeing if they understand the commitment involve in marriage. A case demonstrating this would be K VS Cullen (1994)
Is pre - marriage counselling a legal requirement
it is not a legal requirement that couples go to pre - marriage counselling but some churches won't validate your marriage unless you go to pre - marriage counselling
What is a Prohibited relationships
this is when people are in a prohibited relationship such as marrying any family members by blood , or between an ancestor or descendant of the person.
What does a marriage ceremony have to do within a marriage
A marriage can take at any place as long as you have permission and you have a authorized celebrant
what section is prenuptial agreements mentioned in
Section 90B of the FLA (Family Law Act) inserted in 2000
What does a prenup help with
division of assets and resources, maintenance of either party and any matters incidental to the others such as children or rules within the relationship
do both parties need independent advice before they sign the prenup?
Yes, and the if the court thinks there has been unconscionable conduct they can set aside the contract
what section is divorce and law covered in the Family Law Act (1975)
Section 48 and 49