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NSWLegal StudiesQuick questions
Option: Family
Quick questions on Legal recognition of relationships: marriage, de facto and same-sex: HSC Legal Studies
9short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is marriage?Show answer
Marriage in Australia is regulated by the Marriage Act 1961 (Cth). The current definition (Marriage Act 1961 (Cth) s 5(1) as amended by the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth)) is:
What is the 2017 marriage equality reform?Show answer
Before December 2017, marriage was defined as the union of a man and a woman, following the Marriage Amendment Act 2004 (Cth), which inserted that definition to forestall same-sex marriage recognition.
What is de facto relationships?Show answer
A de facto relationship under the Family Law Act 1975 (Cth) s 4AA exists where two people who are not married and not related by family are in a relationship as a couple living together on a genuine domestic basis. The court considers the circumstances of the relationship, including duration, sexual relationship, financial dependence, ownership of property and care of children.
What is nSW Relationships Register?Show answer
The Relationships Register Act 2010 (NSW) created a register of relationships. Registration provides prima facie evidence of a de facto relationship for the purposes of NSW law and federal law that recognises state registers.
What is civil unions?Show answer
Several states (Victoria, ACT, Queensland) have civil union or registered relationship schemes. The Civil Unions Act 2006 (ACT) was overridden by Commonwealth legislation (the Marriage (Section 5A) Determination 2004 (Cth) and subsequent disallowance), and the ACT's Marriage Equality (Same Sex) Act 2013 (ACT) was struck down by the High Court in Commonwealth v Australian Capital Territory (2013) 250 CLR 441 on the grounds of inconsistency with the Marriage Act 1961 (Cth) under s 109 of the Constitution.
What is forced marriage?Show answer
Forced marriage was criminalised by the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Act 2013 (Cth), inserting the offences in Criminal Code Act 1995 (Cth) ss 270.7A and 270.7B. The maximum penalty for forced marriage involving a child victim is 9 years imprisonment.
What is indigenous relationships?Show answer
The Family Law Act 1975 (Cth) recognises that Aboriginal and Torres Strait Islander children may be raised within kinship networks. Section 60CC(3)(h) requires the court to consider any need to maintain a connection with the child's Aboriginal or Torres Strait Islander culture.
What is confusing de facto recognition with marriage recognition?Show answer
De facto status arises from the facts of cohabitation; marriage status arises from a formal ceremony.
What is citing the Marriage Act 1961 for divorce?Show answer
Divorce is governed by the Family Law Act 1975 (Cth) Part VI. :::