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17 Pages • Topic Notes • Year: Pre-2021
1. The Nature of Family Law 1.1. The concept of family law: Different Family Structures: o Law acts to ensure that people in family relationships are financially secure o Children of that relationship are cared for o Relationships reflect a greater diversity in domestic relationships due to society changing o Different family structures include: • Marriage & ATSI customary marriages • De facto relationships and same sex • Single and blended • Polygamous o The law has extended attempting to protect all members of the family Sources of Family Law: Commonwealth: o Under the constitution s51 (xxi) the fed govt has the power and authority to make laws governing marriage and divorce o The commonwealth has brought around legislations such as: • The marriage act 1961 (Cth) • The Family Law Act 1975 (Cth) o The main aim of the family law act was to reform the law governing dissolution of marriage
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