Legal

FAMILY LAW

Key Legal Concepts and Features of the Legal System
Concepts of a family in the legal philosophy:

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Different functions of a family as dealt with by the law historically family has been recognised as the staple unit of society. As the basic unit of society, it has a number of important functions, although most of these ar not legally mandated. Eg p arents act as role models, parents defy the economic needs of their children. The government has taken over several(prenominal) traditional family roles such as caring for the aged, ill and woebegone; education which are functions the family used to undertake itself. Legally, parents and children have sure rights and responsibilities as do husband and wives. Example (a responsibility to master the well being of children and spouses in a uniting relationship.) As the structure of families change so does the way they function. Institution of jointure The Parliament of Australia states marriage is a legal institution because it binds people, creates accessible order, protects rights an provides a network and structure for children to be cared for.

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àLegal explanation of a marriage s.51 of the Australian Constitution gives the Commonwe alth government to go along in regard to marriage.



The main legislation is the Marriage acquit 1961 (Cwlth) Marriage is now defined in s.5 as the federation between a man and a woman to the riddance of all others voluntary entered into for life. This definition is from Hyde v. Hyde and Woodmansee (1866) and has been given recognition by the Marriage Act 1961 (Cwlth) s.46 and the Family Law Act 1975 (Cwlth) s.43. They are the elements of a marriage. A marriage is not legal if any of the elements are missing and if a marriage has taken place, the court pot declare it to be void annulment. (A declaration that a marriage is void, meaning that it never legally existed.) FAMILY LAW à Requirements of a valid marriage

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