The Nature of Family Law (HSC SSCE Legal Studies): Flashcards

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The Nature of Family Law
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Primary function of family law

Care and protection of family members

Constitutional basis for marriage/divorce law

s 51(xxi) Australian Constitution

De facto relationship

Partners acting as married couple but not legally married

Legal definition of marriage (Hyde v Hyde)

Voluntary union for life of one man & one woman, excluding others

Minimum marriageable age in Australia

18 years (or 16-17 with court order)

Maintenance

Financial payment for care/welfare of spouse and/or children

Paramount principle in decisions about children

Best interests of the child

Adoption

Legal transfer of parental rights from biological to adoptive

Neglect (parental)

Continued failure to provide basic needs for proper development

Intestacy

Dying without a valid will

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