Family law lawyer Steve Barnes says that the “vast majority” of the cases heard in the Supreme Court are about the meaning of marriage and its obligations.
But he warns that the most complex issues raised in family law cases are the “pretext” issues.
“There’s an expectation of marriage that’s really at the heart of family law law, and we’ve got to be very careful,” he said.
What is the law about?
In Australian law, marriage is defined as the union of a man and a woman, and the legal union is the “sole and exclusive right of marriage”.
But in recent years, the issue of pre-marital sex has become increasingly controversial.
In 2007, the then Labor government decided to introduce a “no-fault” divorce scheme.
Under the scheme, a couple who did not live together before the marriage would be able to divorce at will.
The scheme had a limited impact on divorce in the courts, with a lower court ruling that it did not provide “sufficient protection” for people with pre-existing marriages.
But a year later, a federal court judge struck down the scheme on the grounds that it breached the Australian constitution’s guarantees of “equal protection of the law”.
The Government was unable to appeal against the decision, and in December, the Federal Court found that the scheme breached section 14 of the Racial Discrimination Act.
When the legislation was passed, the Prime Minister had said that he wanted “to remove the barriers that make it difficult for Australians to have a family”.
In July, the Supreme Courts struck down section 15 of the Federal Marriage Act, which allowed for “pre-maritally separated couples to be separated from their spouses without having to give effect to a finding of adultery”.
But the High Court has ruled that section 15 should not be repealed.
“The Federal Marriage Amendment Bill was passed to ensure that people in their pre-marriage marriages can enjoy a measure of equality in the law, irrespective of whether they are living together or not,” Mr Barnes said.
“[But] for those couples who live in a marriage, they are now going to have to go to the courts to get that protection, and that will mean there’s a very significant delay in getting a divorce. “
This is a very, very important issue, and it’s one of the things that we are really hoping the Court of Appeal will rule on.””
[But] for those couples who live in a marriage, they are now going to have to go to the courts to get that protection, and that will mean there’s a very significant delay in getting a divorce.
This is a very, very important issue, and it’s one of the things that we are really hoping the Court of Appeal will rule on.”
What are the consequences of the ‘no-fair-use’ law?
The legal precedent in this case is the Federal Family Law Act (FFLA), which was passed in 2001 and introduced in 2006.
Under the FFLA, a pre-nuptial agreement between the parties is a “faulty instrument” if it “in any material respect” is: – “intended or intended to be inconsistent with or abridge the rights or freedoms of the parties”.
– Does not provide for the consent of the other party or a person who is not an officer or employee of the party.
– Is not a written agreement.
Legal analysts say that the court will likely take into account the impact of the pre-contractual agreement on the parties’ rights and freedoms, and whether the prenuptual agreement “could reasonably be interpreted to be contrary to the purposes of section 14”.
“There are a lot of legal arguments, and they’re very important legal arguments that will have to be decided by the High court,” Mr Barnes said.”[But they are] not going to be easy to decide, because there are a number of important issues raised.”
What do you do if your marriage is at risk?
You can appeal to the Federal Circuit Court or the Family Court if your case is complex, or you can apply to the Family Law Court for an order to make a declaration of invalidity.
There are three types of orders you can use in these types of cases.
You can: appeal the order to the High level Federal Court.
The Supreme Court may issue a declaration, which may be appealed to the Supreme Judicial Court.
This is the highest level of court in Australia.
A declaration of nullity will result in a finding that the precontractual arrangement is invalid and the parties must immediately stop the marriage and make an undertaking to continue living together.
The parties must provide a detailed statement of what they want to do with the marriage.
In addition, the parties can make a “statement of purpose” that can be used in any court in which the case is heard.
The purpose of the statement is to identify the parties intent to make an immediate declaration of validity and to tell the court why they are not doing so.
It can be a very