Analysis of the Family Law Act 1975: Key Aspects and Impacts

This essay provides a comprehensive overview of the Family Law Act 1975 in Australia. It examines the historical context of the Act, its evolution from the Matrimonial Causes Act, and its impact on various aspects of family law. The essay delves into key areas such as divorce, property settlement, spousal maintenance, and child custody, highlighting the Act's emphasis on the welfare of children and the equitable distribution of assets. It explores the no-fault divorce theory, the role of family courts, and the legal framework governing de facto relationships. The discussion incorporates scholarly research and legal precedents, offering a detailed analysis of the Act's provisions and their practical implications. The essay concludes with a summary of the key points discussed and the significance of the Family Law Act 1975 in shaping family law in Australia.

Running head: INTRODUCTION TO WELFARE LAW
INTRODUCTION TO WELFARE LAW
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1INTRODUCTION TO WELFARE LAW
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).

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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

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takes decision based on the welfare of the children if they are involved in any disputes related to
the custody (Drozd, Saini & Olesen, 2016).
The statute also discusses the property related disputes between the parties who are
involved in the divorce proceedings of the court. There is a property settlement between the
parties. There are various things that are to be taken into consideration while settling the property
between the parties. The property that are to be distributed between the parties under this statute
are considered to end the financial relationship between those spouses who are considered to be
the parties to the case. The properties are distributed on the grounds that the property which are
being settled are considered to be just and equitable between the parties. The properties under
this act are to be identified and valued properly or in a manner which is proper. The future
requirements or the necessities of the parties are to be taken into consideration before the
settlement of such properties. Lastly, the contributions of the parties to the disputes are to be
taken care of and needs to looked after. On these four grounds the property between the parties
are to be settled. Therefore, from the analysis it can be understood that the property settlement
between the parties would be done in a fair and equitable manner. Under the Act the spousal
maintenance are to be taken into consideration where the court would help determine the
financial relationships between the spouses (Carroll, 2015).
The family law in Australia was followed by all the federal states and the act was being
enforced in a centralized system in order to create a safe ground for divorce, property,
maintenance, welfare of the children, maintenance. It was introduced in order to take care of
such matters which would benefit the people or the individuals who belonged to that nation or
territory. It was to provide relief to the people who no longer wanted to be legally bound by a
relationship. It also helped in establishing the de facto relations which were considered to be a

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relationship where the individuals were not considered to be legally married but they were not
related through family either. Thus, there were some protection given to the children who were
involved in the disputes of the spouses and the court had the benefit of the child to be of utmost
importance. It also deals with the responsibility that the parents have towards the welfare of their
children in order to help them 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, in order to protect the
interests and the welfare of the individuals this Act was established and enforced (Smallwood,
2015).
Conclusion
Therefore, from the above discussion, it can be concluded, that the Family Law Act 1975
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 and it was established in order to protect the interests and the welfare of the individuals.

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References
Alexander, R. (2015). Family violence in parenting cases in Australia under the family law act
1975 (Cth): The journey so far–where are we now and are we there yet?. International
Journal of Law, Policy and the Family, 29(3), 313-340.
Carroll, R. (2015). Family law, involuntarily separated couples and their property. Law Context:
A Socio-Legal J., 33, 87.
Drozd, L., Saini, M., & Olesen, N. (Eds.). (2016). Parenting plan evaluations: Applied research
for the family court. Oxford University Press.
Easteal, P., Young, L., & Carline, A. (2018). Domestic violence, property and family law in
Australia. International Journal of Law, Policy and the Family, 32(2), 204-229.
Family Law Act 1975 (Cth).
Matrimonial Causes Act 1959 (Cth).
Parkinson, P. (2015). Forty years of family law: A retrospective. Victoria U. Wellington L. Rev.,
46, 611.
Smallwood, E. (2015). Stepping stones: legal barriers to economic equality after family violence.