This is the question -Evaluate the effectiveness of the law in dealing with the dissolution of marriage Essay Example
Effectiveness of the Law in Dealing with Dissolution of Marriage
Effectiveness of the Law in Dealing with Dissolution of Marriage
The marriage law in Australia is the instrument that underlines the specifications and requirements, and other laws that define who can unite for purpose of forming a family, the procedures of marrying and dissolving the institution, and factors that determine the validity of the marriage. The effectiveness of the law in dealing with dissolution of marriage can be evaluated through assessment of the fulfillment of the procedural principles as laid out in the penal code. Efficacy of divorce law is challenging to report because of the confidentiality of the institution of marriage and the factors leading to its breakdown. Effective divorce law should be seen to deliver fairness, equality in application, and should be enforceable. It must internalize efficacy in use of resources, meet the expectations of the society, and continually guard people against rights abuse.
According to Australian law, dissolution of marriage is highly procedural and requires fulfillment of certain requirements that ensure fairness and protect individual rights of all parties that may be affected by the divorce. For example, the law dealing with dissolution of marriage requires agreed positions by divorcing parties as regards finances and arrangements for the care of dependents like children (Docherty 2010: 100). To ensure fairness and equality, the law requires divorcing couples to resolve issues of financial separation. However, although determination of the care of children must precede dissolution of the marriage, it is not illegal to get a divorce before resolving their fate.
As provided in the Family Law Act 1975 (ss. 48-50) (De Cruz 2010: 122-128), the law dealing with divorce sets appropriate ground for efficacy in use of resources, ensuring responsiveness as regards societal expectations and needs, and protection of individual rights. In order to secure the integrity of the law and maintain the confidence of Australians in the legal process, it provides for a prudent process of evaluating the fulfillment of the baseline threshold requirements for the dissolution to happen. The Australian law on marriage and dissolution of the institution requires that the differences causing the divorce be grave to an extent of irreconcilability. In this context, the requirement that the divorcing couple must have led separate lives for at least twelve months gives the partners amble time to delve on the dissolution issue. This implies that fairness can only be granted legally by allowing the individuals to divorce and pursue other lifestyles of their choice.
In order to protect young marriages and the values of the societal values of the institution of marriage, the law requires the couple to first seek professional counseling from a family expert. This provision of the law reflects the effectiveness in guarding arch societal norms such as encouraging young couples to seek reconciliatory methods before rushing to terminate their relationships. However, to guarantee protection of individual rights, the law gives marriages dissolving under special circumstances contextual treatment (Docherty 2010).
Divorce law in Australia and across the world has been applied as a liberalizing instrument in that it allows people to leave institutions they deem inhospitable as regards their wishes and lifestyle for better alternatives. For example, the law dealing with dissolution of marriage in Australia liberates individuals that are bogged in dysfunctional relationships and allows them to re marry again and lead better lives. Additionally, divorce law has been a vital instrument of liberating citizens from abusive foreigners that marry them to access Australian residence.
A marriage can be dissolved if it fails to meet particular legal thresholds that underscore the value of the institution in the realm of societal fabric. For example, the law has been effective in identifying enforceable parameters that undermine the legality of the relationship between two individuals (De Cruz 2010). There is a legal requirement that a marriage be dissolved if a couple does not unite according to the stipulations of the family law in Australia.
The divorce law is imperatively enforceable because it is supported by different contextual legal options. For example, the law allows couples to opt for collaborative law that can productively facilitate the concept of mediation. This feature not only makes the law workable for the good of the partners but also helps in speeding the resolution of crucial issues.
Enforceability of the law dealing with dissolution of marriage is effected through practices that reflect respect for the culture of the society. The law in this context requires that people of close blood relation cannot unite legally, which is a fundamental element of socio-cultural values (De Cruz 2010). It is imperative that by addressing antisocial tendencies such as use of duress, fraud, or misrepresentation to instigate marriage, the law effectively promotes fairness, delivers societal expectations, and promotes individual rights. Additionally, it is not the norm of the Australian society to marry children or under aged individuals to get married, a social anomaly that is specially addressed by the law that nullifies marriage in situations where any of the partners is not old enough to marry.
As De Cruz (2010) observes, despite the noted factors that underscore efficacy of divorce law in Australia, there are inherent inadequacies perpetrated by policy inconsistencies. For instance, the law negates political attributes that influence the sustainability of the marriage institution in the contemporary Australian society. In particular, there is lack of comprehensive legal arrangements in place to not only promote marriage but also restore it to reduce divorce. The law has failed to update with continual advances in the dynamics of family life, which makes it ineffective in mitigating the increasing attitudes toward marriage and family.
By continually viewing divorce as a private issue, the marriage law in Australia fails the public as regards promoting national awareness. If the law provided for marriage issues to be legally addressed with aid from external parties it is possible that many families would be saved the agony associated with the separation. According to Docherty (2010: 100), by adjudicating divorce, the law falls ineffective in the side of protecting the interests of the children who are often the ultimate victims of the wraths of marriage breakdowns.
Although mediation appears to be a viable alternative for mending issues that threaten marriage, over reliance on solicitors is increasingly becoming a cost issue within the realm of divorce law in Australia. For example, couples opting to dissolve their marriage union are encouraged by legal advisors to avoid rushing to family courts and rather pursue out of court channels. Although the law permits these practices, they are turning out to be expensive on the side of the divorcing partners and often the remedies fruit nothing tangible for the safety of the relationship. Additionally, this openness of the law instigates stress on the couple that may trigger violence and hinter cordial relations in future (De Cruz 2010: 123).
In conclusion, the law dealing with dissolution of marriage has been tremendously useful in delivering fairness and promoting equity across the society. This essay delved on the discourse of divorce law in Australia. The marriage law in Australia is the instrument that underlines the specifications and requirements, and other laws that define who can unite for purpose of forming a family, the procedures of marrying and dissolving the institution, and factors that determine the validity of the marriage. Dissolution of marriage is highly procedural and requires fulfillment of certain requirements that ensure fairness and protect individual rights of all parties that may be affected by the divorce. To secure the integrity of the law and maintain the confidence of Australians in the legal process, it provides for a prudent process of evaluating the fulfillment of the baseline threshold requirements for the dissolution to happen. To protect young marriages and the societal values of the institution of marriage, the law requires the couple to first seek professional counseling from a family expert.
De Cruz, P 2010, Family law, sex, and society: A comparative study of family law, Routledge, London, UK.
Docherty, JC 2010, The A to Z of Australia, Bowman & Littlefield, London, UK.
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