Laws Regarding Marriage in Australia
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According to traditional English Common Law,
the basis of Australia's original legal system, a
marriage was a contract based upon a voluntary
private agreement by a man and a woman to become
husband and wife. Marriage was viewed as the basis
of the family unit and vital to the preservation of
morals and civilization. Therefore, a marriage was
not to be taken lightly.
Traditionally, the husband had a duty to provide a
safe house, pay for necessities such as food and
clothing, and live in the house. The wife's
obligations were maintaining a home, living in the
home, having sexual relations with her husband, and
rearing the couple's children. Today the underlying
concept that marriage is a legal contract still remains
but due to changes in society the legal obligations
are not the same.
The laws about marriage are contained in the Marriage
Act 1961 (Cth). This act states the legal definition of
a marriage. That is, the union of a man and a woman
voluntarily entered into for life to the exclusion of all
others. The case of Hyde v Hyde and Woodmansee
(1866) demonstrated this concept...