Term 1 Flashcards
(16 cards)
What is the legislation governing marriage?
The Marriage Act 1961
What are parenting orders?
- How the school holidays are divided up to lend time with both parents.
- The number of telephone calls that can be made by one parent to the child each week.
- Each parent authorising doctors, dentists and other healthcare professionals to discuss the child treatments with the other parent.
- One parent not denigrating the other parent in the presence or within hearing of any of the children.
What are the requirements of a valid will?
A) in writing
B) signed by a test or/ testrix
C) signed by at least two witnesses
D) made freely and without any undue influence ( e.g alcohol or other illicit substances)
What is the marriageable age?
- If one of the parties is under the marriageable age but is above 16 years the court can give permission for the parties to marry although generally parental Vincent is given as well. Covered in S11 of the marriage act 1961.
What is the no - fault divorce system?
No- fault divorce means that the court does not consider which partner was at fault for the marriages breakdown.
What are the duties and care of a child?
It is the duty of every person who has care of a child under he age of 16 to:
- provide the necessities of life for the child ( such as food, water, shelter and clothes)
- take precautions that are reasonable in all circumstances to void danger to the child’s life, health or safety
- take the action that is reasonable in all circumstances to remove the child from any such danger
What is meant by lived ‘ separately and apart’?
It is required of the act that the parties lived separately and apart during the 12 month period of separation. It is not necessary for the parties to reside in different house holds. There was a case where a husband and wife still resides in the same home but the court held that the parties were living separately under the same roof. This is because the husband ate, slept and showered separately to the wife, the husband also engaged in now activities with the other party.
What is the difference between annulment and divorce?
The difference between annulment and divorce is that’s a divorce dissolves a marriage that exists, where as an annulment is a deceleration that’s a marriage never existed between the parties.
Who may marry?
Residents in Australia my marry if,
I) they are of marriageable age
- 18, however a person may marry between the ages of 16 - 18 if given permission from the court
II) Not already married to someone else
III) not within a prohibited relationship
- between a person and an ancestor at defendant of that person or,
- between a brother and sister ( including half blood (step relatives))
What is the law governing divorce?
The grounds for divorce is set out in S48 and S49 of the Family Law Act 1975
What are devices and bequests?
Devices
- when realty ( land and attachments) are gifted to a beneficiary under a will.
Bequests
- items other than land and fixtures such as jewellery or money.
What role does an executor play?
The duty of the executor is to administer the estate, that is, collect all the assets, pay out all the debts and then distribute them to the beneficiaries. Similar to a test or and restricted the male and female version of this is an executor and executrix
Who can make a will?
A valid will may be made by any person over 18 having testamentory capacity, hat is, being of sound mind, memory or understanding. S19 of the succession Ac 1981 (QLD) now provides that the court can make an order authorising a minor to make a will proposed will and it it his or her real intention to make such a will. ( terminally ill or a high amount of assets)
What is the resumption of Cohabilitation?
This means that the couple may resume cohabiting for a period of three lotus after seperation occurs before there has to bee 12 months of Living seperatly and apart ( S50 Family Act)
A notion of intention to marry must be completed when?
Complete and lodge your notice of intended marriage application form with your registered celebrant at least one month prior to getting married. Your wedding celebrant is responsible for registering your marriage. If you do not complete the form with your registered celebrant both parties must sign in the presence of a qualified witness ( a registered celebrant, barrister or solicitor or a legally qualifies practitioner).
What are he four elements of marriage?
1) 2 people
2) to the exclusion of all others ( no bigamy, polygamy or polyandry)
3) voluntarily entered into ( no duress)
4) for life
