Is A Marriage A Contract, Nuclear Incident Or A Fridge Magnet?
A husband and a wife (usually with children) has been a very popular model picture of a family in Australia and many other countries, (until recently).
However, popular ‘model beliefs’ change over time, hence same-sex marriage. These ideal family scenarios; now (either man and wife, man and man, wife and wife) are and will always be undermined by elements such as: divorce rates continually going up, less people getting married in the man/wife conventional way, and de facto marriage on the rise. Nevertheless marriage is at the nucleus of ‘Family Law’ in Australia and many other countries in the world.
Australia’s Family Law Act in 1975 brought in No-fault Divorce, made available to the Australian People. A No-Fault Divorce refers to a type of divorce in which the spouse that is filing for divorce does not have to prove any fault on the part of the spouse. All a spouse has to do is give any reason that the state honors for the divorce.
Another question must be addressed and asked: Does the Act of getting married subsequently place the two in marriage – Into A Contract?
A Contract equals an Enforceable Agreement. The expected obligations and duties in a marriage are far too indefinite and unclear to be enforceable as a contract. In contracts, the terms must be clear and unambiguous, whereas marriages are not so clear and unambiguous in nature.
Ever since 1975, The Family Law Act in Australia, Doesn’t Recognize Marriage as a Contract.
Man and Woman, Man and Man, Woman and Woman, Nuclear Family or Non-Nuclear Family Are Not in a Legal Contract as much as they/you may want…
“Everyone wants to say they hate lawyers, and yet I personally have never met a parent who deep down doesn’t want their child to be a lawyer”.
Marriage is to Affiliation, as Ecclesiophoba is to Oxygen