Australian Family Law: The Contemporary Context Teaching

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Australian Family Law: The Contemporary Context Teaching

Category : Marriage

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 13.27 MB

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In the exercise of its jurisdiction under this Act or any other enactment, the court shall have regard to the following principles: (a) the need to preserve and protect the institution of marriage as the union of a man and a woman to the exclusion of all others voluntarily entered into for life; (6) the need to give the widest possible protection and assistance to the family as the natural and fundamental group unit of society, particular!y while it is responsible for the care and education of dependent children; (c) the need to protect the rights of children their welfare; and and to promote (d) the means available for assisting parties to a marriage to consider reconciliation or the improvement of their relationship to each other and to the children of the marriage. 23. (1) Except as otherwise prescribed, this Act shall be instituted by application. (2) A respondent may, in answer to an application, include an application for any decree or declaration under this Act. (3) Where a decree nisi of dissolution of marriage or a decree of nullity of marriage has been made, proceedings within paragraph (d) (i) or paragraph (e) of the definition of “matrimonial cause” (not being proceedings seeking the discharge, suspension, revival or variation of an order previously made in proceedings in respect of the maintenance of a party) shall not be instituted after the expiration of 12 months after the date of the making of the decree, except by leave of the court in which the proceedings are to be instituted. (4) The court shall not grant leave under subsection (3) unless it is satisfied that hardship would be caused to a party to a marriage or to a child of the marriage if leave were not granted. 24. (1) Where there are pending, in a court of summary ;;$$inyfd jurisdiction, proceedings that have been instituted under this Act proceedings. or the rules, and it appears to that court that other proceedings that have been so instituted, or are being so continued, in relation to the same marriage or void marriage, or the same matters are pending in the High Court, the court of summary jurisdiction may stay the first-mentioned proceedings for such time as it thinks fit, or may dismiss the proceedings. (2) Where there are pending in a court of summary jurisdiction proceedings that have been instituted under this Act or the rules, and it appears to that court that it is in the interests of justice that the proceedings be dealt with in another court having jurisdiction under this Act, that court may transfer the proceedings to the other court. 25. (1) Where proceedings are instituted in a court of Transfer of proceedings summary jurisdiction in respect of from courts (a) the custody or guardianship of, or access to, a child of a $~~$‘ ~~~ marriage or of a union; or (b) property of a value exceeding $2 500, and the respondent, in an answer to the application by which the proceedings were instituted, seeks an order different from that sought in the application, the court shall, unless the parties agree to the court hearing and determining the proceedings, transfer the proceedings to the High Court. (2) Where proceedings referred to in subsection (1) are before it, the court may transfer the proceedings of its own motion, notwithstanding that the parties would be willing for the court to hear and determine the proceedings. (3) Before transferring proceedings under subsection (1), the court may make such orders, including an order under section 41, as it considers necessary, pending the disposal of the proceedings by the court to which they are to be transferred. by the Gorwnmenr Pdntlw Department.

Pages: 464

Publisher: Oxford University Press; 2 edition (February 1, 2015)

ISBN: 0195574400

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Legal changes that will erase the line between marriage and common law partnerships in B pdf. No marriage by persons either of whom may be under 16 years of age, and otherwise competent to marry, shall be declared void when the girl shall be pregnant, or when a child shall have been born to the parties unless such child at the time of the action to annul shall be dead , e.g. The formal Requirements of the Celebration of Marriage:: A Comparative Study of Canon Law, Nigeria Statutory Law and Nigeria Customary Law The formal Requirements of the. This was rarely used in practice and, except for very particular circumstances, was abolished by the 2006 Act. The 2006 Act has introduced a set of basic rights to protect cohabitants, either when their relationship breaks down, or when a partner dies. But the law is very clear: couples living together do not have the same rights as married couples and civil partners. It is very important that you understand this when deciding whether to move in with your partner or to make a formal commitment , cited: A handbook of the Irish marriage laws download epub.

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