legal studies divorce essay

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HSC Legal Studies Family essay - 2019 HSC q. 27a

Legal studies- unit 4, high school - australia, recommended for you, students also viewed.

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Preview text, 2019 hsc – q27a: evaluate the effectiveness of legal responses in achieving justice for parties, involved in relationship breakdowns.

Through the implementation of the Family Law Act 1975 (Cth) and its following amendments in the Australian legal system, a dramatic transformation in achieving justice has been witnessed for legal responses involved in relationship breakdowns. This has been enabled through a range of law reform and significant changes to legislation in the legal system over time in accordance with changing societal values. Through the Family Law Act 1975 (Cth), the Family Court was established in an attempt to achieve justice as relationship breakdowns require greater sensitivity than the majority of legal issues. Through the enactment of the 2006 amendment to the Family Law Act 1975 (Cth), the incorporation of Family Dispute Resolution (FDR) saw greater justice for both parties involved in relationship breakdowns. Greater access has subsequently been established as these FDRs have been established across Australia. In addition, the Family Law Act 1975 (Cth) effectively achieves justice as property considerations for both parties involved were explicitly outlined and fairly distributed. Through these legal responses, justice has been achieved for parties involved in relationship breakdowns through the Australian legal system, though different effectiveness has been seen for different legal instruments.

Through the enactment of the Family Law Act 1975 (Cth) and its following amendments, justice has been achieved in relationship breakdowns as the implementation of ‘no fault’ divorce was introduced, providing access to those who required a divorce but did not have the means for the previous 14 grounds needed for a divorce to be granted. Highlighting the effectiveness of this legal response is the spike in divorce in 1976, in which there were 63,000 divorces, the highest seen in Australia pre-introduction and post- introduction of the Act.

Under the Family Law Act 1975 (Cth), justice has been achieved as court decisions regarding property distribution based on what is deemed 'fair in the circumstances’. Considerations will be made surrounding property, what contributions each couple made (both financial and non-financial), present and future needs of each party and the ability of each party to maintain a reasonable standard of living. To achieve justice for both parties, the court aims to be fair and to achieve an equitable outcome whilst taking into account differing needs and contributions made. In 2002, clearer ‘superannuation splitting laws’ were introduced into the FLA under the Family Law Legislation Amendment (Superannuation) Act 2001 (Cth). This was implemented as a way to achieve justice as there was recognition of women not possessing the same access to superannuation savings upon retirement, owing to the time taken out of the workforce for children, ensuring a fair and equitable split in superannuation upon divorce. Justice is achieved within the legal system in the case of Hoffman and Hoffman (2014) in which property was split 50:50 despite the husband demanding 70:30 due to ‘special contributions’, revealing the effectiveness of property laws as a legal mechanism in achieving a just outcome for both parties during a relationship breakdown.

The Family Court was established in 1975 with the introduction of the Family Law Act 1975 (Cth) has provided access to a specialised court, allowing justice to be achieved during relationship breakdowns to deal with the sensitivity of legal disputes within families and relationship breakdowns. It involves matters relating to separation, divorce, and other disputes related to marriage but is restricted to issues in the Family Law Act, hindering justice as it reduces the ability to access the legal system for a wider range of issues than exclusively the Family Law Act. The Family Court of Australia is viewed as generally ineffective due to several reasons. This can include high costs that may go upwards of $50,000, further limiting access to this part of the Australian law system. Further reducing justice, significant backlogs in having cases heard is evident as over 105 000 family law proceedings issued each year with 20,000 of those requiring judicial determination. Due to this high number of cases, cases may be delayed over a

year, rendering the Family Court ineffective as a time-consuming and costly measure of resolving relationship breakdowns and thus, achieving justice for parties involved. Insert merger here

Enhancing justice is the Family Law Reform Act 1995 (Cth), which introduced Australia’s ratification of CROC. It aimed to shift towards the rights of children and parental responsibility rather than focusing on the notion of parental rights, enabling justice for children during the breakdown of a relationship. This 1995 Act included the language ‘best interests of the child’ as the decisive factor in decision-making about children during divorce. This encouraged cooperation between parents and highlighted society’s changing values surrounding the shifting outlook on priorities during a divorce.

In addition, the Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) aimed to enhance justice during relationship breakdowns. Despite this, it is regarded as ineffective, controversial and confusing due to the introduction of new primary considerations that had damaging impacts on the ability to provide justice, including a presumption of equal shared parental responsibility and the consideration that must be given to equal time arrangements. This created confusion and misunderstanding surrounding the language of ‘consideration’ for equal time arrangements, as mediators advised women to agree to 50:50 arrangements (AIFS).

Under the Family Law (Shared Parental Responsibility) Act 2006 (Cth), reforms were made to the Family Law Act 1975 surrounding the compulsory need for families to attempt to resolve disputes before accessing the court system. This process is called Family Dispute Resolution (FDR), defined as ‘a non- judicial process in which an independent practitioner helps people affected by separation or divorce to resolve some of their disputes with each other’ in the Family Law Act 1975 (Cth). This can include reconciliation counselling, post-separation parenting programs and predominantly, mediation. This reform required couples who are disputing to make a genuine effort to come to an agreement before applying for a court order, as the court system can be time-consuming and costly. To integrate this process and thereby increase accessibility to the legal system, the government established 65 Family Relationship Centres to ensure access to the process. Whilst minimising conflict during relationship breakdowns, FDRs offer a less costly alternative than court proceedings in both time and money for both parties involved, as government subsidies may cover these overall lower costs. Increased justice is achieved as cooperation and compliance is more likely to occur within an agreement that both parties can negotiate. Overall, FDRs are primarily seen as an effective legal measure in assisting families to gain access to the legal system and effective in dispute resolution

Overall, the implementation of the 1975 Family Law Act (Cth) and its following amendments in the Australian legal system has allowed for justice to be achieved within legal responses involved in relationship breakdowns. This has been enabled through a range of law reform and significant changes to legislation due to changing societal values. The Family Court was also established in an attempt to achieve justice as relationship breakdowns require greater sensitivity than the majority of legal issues. Furthermore, the incorporation of Family Dispute Resolution (FDR) saw greater justice for both parties involved in relationship breakdowns. In addition, the Family Law Act 1975 (Cth) effectively achieves justice as property considerations for both parties involved were explicitly outlined and fairly distributed. Through these legal responses, justice has been achieved for parties involved in relationship breakdowns through the Australian legal system.

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Evaluate the effectiveness of the law in achieving justice for all parties involved in relationship breakdowns

INTRO : However, the most significant area of family law in attempting to appropriately respond to disputes are the legal consequences which follow a divorce. As both marriage and its dissolution are legal processes, there are various considerations for the court and all relevant parties subsequently affected must take into consideration. Divorce is a simple process, but the other matters take negotiation and time, particularly in the areas of children and property division

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• Divorce Issues: Causes and Effects on Children Words: 602
• Effects of Divorce on Children Words: 2191
• Effects of Divorce and Poverty in Families Words: 1406
• Divorce Rates and Causes of Their Rising Words: 1667
• Negative Effects of Divorce on Children Words: 4386
• Effects of Divorce on Adolescents Words: 1650
• Divorce Effects on Children’s Behavior Words: 1385
• Reasons and Implications of Divorce Words: 4062
• The Impacts of Divorce on Family Relationships Words: 8929
• Increase of Divorce Rates in America Words: 1250
• Divorce Among Challenges Facing Families Today Words: 2235

Causes and Effects of Divorce

Introduction, effects of divorce, works cited.

Since 1860 when the United States Bureau of statistics started keeping records of divorces, the frequency of divorce cases has continued to increase based on the same reasons. Reasons have remained relatively the same in comparison to the ever-increasing rise in cases. Studies have also highlighted that the reasons are as complex as extramarital affairs to mediocre reasons such as irritating small behaviors of the partner. It is widely accepted that divorce is part of life and separation between two persons is bound to continue (Wallerstein, p. 85). However, there have been some misinterpretations of the findings collected by current researchers. It is important to note that these findings are based on earlier conclusions based on research that was most likely liable to errors and mistakes. Such research findings and papers have been assumed as true thus setting the precedence of misinformation. It is thus the purpose of this paper to clarify earlier findings in order for us to present the true picture of the causes and effects of divorces.

Reasons for divorce have always remained sketchy as the real reasons can only be known by the two couples. However the most common forms of reasons that have led to the separation of couples include:

Money : This reason has always remained an emotive issue among couples as this is clearly manifested by ninety percent of the couples who surveyed, responded that they may have fought over money at least once during their relationship. 30% of respondents admitted to separating over other issues which were compounded by lack of money.

Sexual Problems : This reason in most cases has always been denied by couples as physical conditions or sexual malfunctions are considered to be uncommon (Wallerstein 101). Sexual problems are largely contributed to preconceived notions and ideas that are based on unacceptable attitudes towards sex. It was difficult for the couples to approach the topic of sex. Over fifty percent of couples admitted that a sexual problem was the root cause of infidelity within their marriages.

Immaturity: Many couples separated from each other after the couples exhibited behavior that the partner saw as inappropriate and childish. Such behaviors later behavior are then seen as intolerable making life difficult for both as there exists a lack of understanding between the couples.

Alcohol and substance abuse: This is also one of the most commonly cited issues among separating couples. Although data on abuse is not conclusive, many couples have often cited substance abuse as one of the reasons that lead to violent abuse that have even led to injuries and fatalities in worse-case scenarios.

In-laws: This is a prevalent reason used by young couples as meddling from external members and excessive hassles from external members of family.

Respect : Respect among couples is imperative as both come from different backgrounds. Having a different background often means that the couples have to come up with ways of living together and tolerating each other. Disrespect is manifested through physical and verbal attacks.

The above-mentioned reasons are just some of the most prevalent. It is also very difficult to establish the main reasons that couples may separate. We may never have a definite reason as to why the rate of divorce keeps on increasing but it may be easier to conclude on the effects divorce brings to society. This is because effects are much more profound in families, hence making it simpler to track. The family unit is facing numerous issues today as the effects of divorce are having a direct impact on the lives of children and how they will relate with others in the future. Research conducted by Lenor Weitzman confirmed that men were shown to heal faster and do well economically after separation. It was also found out that as opposed to the common belief that fathers were less interested in their families after separation, the research found out that fathers continued to be loving towards their kids and family (Wallerstein, p. 101).

Research also found out that both couples underwent intense emotional periods while seeking closure on the whole issue of separation. Depending on the number of years that they have been together, the couple may have to resolve all the underlying issues that may have led to the separations.

Wallerstein, Judith. The California Children of Divorce Study. California: University Of Southern California, 1999.

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StudyCorgi. (2021, November 29). Causes and Effects of Divorce. https://studycorgi.com/causes-and-effects-of-divorce/

"Causes and Effects of Divorce." StudyCorgi , 29 Nov. 2021, studycorgi.com/causes-and-effects-of-divorce/.

StudyCorgi . (2021) 'Causes and Effects of Divorce'. 29 November.

1. StudyCorgi . "Causes and Effects of Divorce." November 29, 2021. https://studycorgi.com/causes-and-effects-of-divorce/.

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StudyCorgi . "Causes and Effects of Divorce." November 29, 2021. https://studycorgi.com/causes-and-effects-of-divorce/.

StudyCorgi . 2021. "Causes and Effects of Divorce." November 29, 2021. https://studycorgi.com/causes-and-effects-of-divorce/.

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