Introduction to Welfare Law

Running head: INTRODUCTION TO WELFARE LAW
INTRODUCTION TO WELFARE LAW
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INTRODUCTION TO WELFARE LAW1
Introduction
The Family Law Act was set or enforced in order to establish the grounds of divorce
between the spouses. It also deals with the problems relating to property, maintenance, divorce,
parenting orders for all the children and other de facto relationships. The Family Law Act 1975
(Cth) is followed by all the federal states of Australia. The state governments have the authority
to make laws and regulations on the grounds of marriages matrimonial reasons or purposes and
divorce. The Matrimonial Causes Act was replaced and in its place was the Family Law Act
enforced (Parkinson, 2015).
This paper discusses the background of the Act in brief and moves towards various
aspects of the Act as in what are the matters that have been laid down under this Act. It discusses
the causes behind the enforcement of such an Act in an elaborate manner and reviews the statute.
In conclusion, it summarizes the discussions that have been made in this paper.
Discussion
The Family Law Act came into existence after the Matrimonial Causes Act. In Australia
each state had their own legal rules and regulations where they were governed by such. The state
laws were considered to be different for the different states. After the enforcement of the
Matrimonial Causes Act which was established in the year 1959 (Cth) all the states were
regulated and governed by one statute regarding such matters. The above-mentioned Act had
introduced the concept of the no fault theory as a valid ground for any kind of separation or
divorce for the spouses in which the spouses after living separately could ask for or apply for a
divorce where the fault of the other party or the spouse in this case would not be proved. The
Family Law Act later replaced this Act (Parkinson, 2015).

INTRODUCTION TO WELFARE LAW2
The analysis that can be found where one of the main reasons for this act to be enforced
was because it completely changed the outlook of the no fault theory since in the court of law
due to the cases leading to divorce it was considered to be a humiliation or embarrassment for
the parties who were involved in the case and the family members of those parties or the husband
and wife. In order to prevent such things from happening further such an Act was enforced with
the help of the no fault theory requirement which had been implemented and executed (Easteal,
Young & Carline, 2018).
The interests of the children were considered to be of utmost importance under this Act.
The divorce that was taking place between the spouses would also affect the children in some
way therefore, the act tried to look after the interests of those children and it was considered to
be a significant factor which needed to be taken into consideration. The interests of the child
along with the welfare was considered to be the main issue which would be considered to be
protected. The family violence is considered to be reduced and the interests of the child being
subjected to such violence are to be secured. Therefore, the analysis of this would be that the
children who were part of the family of those spouses who were getting separated under this act
was considered to be given importance as the welfare and the protection of those children were
necessary and thus, the decisions given by the court would be based on such (Alexander, 2015).
The custody and the welfare of the children are also considered to be taken care of in this
Act which do not depend on the relationship between the parents under this Act. This Act also
deals with the responsibility that the parents have towards the welfare of their children and to
help their children grow. If there are any conflicts which have taken place between the parents of
the child then the case can be taken to the family court and the court would take decisions which
would be in the best interests of the child. Therefore, the above analysis can state that the court