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Voidable Marriages (Australia)
Until 1975, some Marriage in Australia, marriages in Australia were voidable marriage, voidable under Australian family law. The ''Family Law Act 1975'' (Cth.) abolished the concept of a voidable marriage. Void v. voidable marriage A void marriage is regarded for all legal purposes as no marriage at all. On the other hand, a voidable marriage was considered a valid marriage until it was annulled by a judicial decree of nullity.Dickey, A. (2007) ''Family Law'' (5th Ed) Legislation Under the ''Matrimonial Causes Act 1959'' (Cth.) (repealed by the FLA) a marriage was voidable on one of four grounds. Section 21(1) of the Act provided: "A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of Consummation, consummating the marriage; (b) either party to the marriage is: :(i) of unsound mind; or :(ii) a Mental illness, mental defective; (c) ei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage In Australia
Marriage in Australia is regulated by the federal government, which is granted the power to make laws regarding marriage by section 51(xxi) of the constitution. The '' Marriage Act 1961'' applies uniformly throughout Australia (including its external territories) to the exclusion of all state laws on the subject. Australian law recognises only monogamous marriages, being marriages of two people, including same-sex marriages, and does not recognise any other forms of union, including traditional Aboriginal marriages,Australian Government, Law Reform Commission Aboriginal Traditional Marriage: Areas for Recognition/ref> polygamous marriages or concubinage. The marriage age for marriage in Australia is 18 years, but in "unusual and exceptional circumstances" a person aged 16 or 17 can marry with parental consent and authorisation by a court. A Notice of Intended Marriage is required to be lodged with the chosen marriage celebrant at least one month before the wedding. There is no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voidable Marriage
A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment. The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage. A voidable marriage is contrasted with a void marriage A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no forma ..., which is one that is on its face unlawful and therefore legally has no effect, whether or not one of the parties challenges the marriage. History The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the right to and disposition o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Family Law
Australian family law is principally found in the federal ''Family Law Act 1975'' and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as well as in other laws and the common law and laws of equity, which affect the family and the relationship between those people, including when those relationships end. Most family law is practised in the Federal Circuit and Family Court of Australia and the Family Court of Western Australia. Australia recognises marriages entered into overseas as well as divorces obtained overseas if they were effected in accordance with the laws of that country. Australian marriage and "matrimonial causes" are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, such as the Hague Convention on Marriages (1978). Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the ''Family Law Act 1975'', which established ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law Act 1975
The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separation, and financial maintenance involving children or divorced or separated ''de facto'' partners: in Australia. It also covers family violence. It came into effect on 5 January 1976, repealing the ''Matrimonial Causes Act 1961'', which had been largely based on fault. On the first day of its enactment, 200 applications for divorce were filed in the Melbourne registry office of the Family Court of Australia, and 80 were filed in Adelaide, while only 32 were filed in Sydney. Background Though the Commonwealth had the power since federation in 1901 to make laws affecting divorce and related matters such as custody and maintenance, it did not enact such national uniform laws until 1961, when the ''Matrimonial Causes Act 1959'' came int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consummation
In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of sexual intercourse between two people, following their marriage to each other. The definition of consummation usually refers to penile-vaginal sexual penetration, but some religious doctrines hold that there is an additional requirement that no contraception must be used. The religious, cultural, or legal significance of consummation may arise from theories of marriage as having the purpose of producing legally recognized descendants of the partners, or of providing sanction to their sexual acts together, or both, and its absence may amount to treating a marriage ''ceremony'' as falling short of ''completing'' the state of being married, or as creating a marriage which may later be repudiated. Thus in some legal systems a marriage may be annulled if it has not been consummated. Consummation is also rele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Illness
A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitting, or occur as single episodes. Many disorders have been described, with signs and symptoms that vary widely between specific disorders. Such disorders may be diagnosed by a mental health professional, usually a clinical psychologist or psychiatrist. The causes of mental disorders are often unclear. Theories may incorporate findings from a range of fields. Mental disorders are usually defined by a combination of how a person behaves, feels, perceives, or thinks. This may be associated with particular regions or functions of the brain, often in a social context. A mental disorder is one aspect of mental health. Cultural and religious beliefs, as well as social norms, should be taken into account when making a diagnosis. Services a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexually Transmitted Disease
Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are Transmission (medicine), spread by Human sexual activity, sexual activity, especially Sexual intercourse, vaginal intercourse, anal sex, and oral sex. STIs often do not initially cause symptoms, which results in a risk of passing the infection on to others. Symptoms and signs of STIs may include vaginal discharge, penile discharge, genital ulcers, ulcers on or around the genitals, and pelvic pain. Some STIs can cause infertility. Bacterial STIs include Chlamydia infection, chlamydia, gonorrhea, and syphilis. Viral STIs include genital herpes, HIV/AIDS, and genital warts. Parasitic STIs include trichomoniasis. STI diagnostic tests are usually easily available in the developed world, but they are often unavailable in the developing world. Some vaccinations may also decrease the risk of certain infections including Hepa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Annulment
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place (though some jurisdictions provide that the marriage is only void from the date of the annulment; for example, this is the case in section 12 of the Matrimonial Causes Act 1973 in England and Wales). In legal terminology, an annulment makes a void marriage or a voidable marriage null.John L. Esposito (2002), Women in Muslim Family Law, Syracuse University Press, , pp. 33–34 Void vs voidable marriage A difference exists between a ''void marriage'' and a ''voidable marriage''. A void marriage is a marriage that was not legally valid under the laws of the jurisdiction where the marriage occurred, and is void ''ab initio''. Although the marriage is void as a matter of law, in some jurisdictions an annulment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
