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WHAT ARE LAWS & HOW ARE THEY MADE?
BREAKING THE LAW
COURTS, TRIALS & RIGHTS UNDER ARREST
LAWS FOR ORDER & SAFETY
LAWS FOR CHILDREN, PARENTS & FAMILIES
Parents & children
Learning responsibility
Adoptions and foster parents
Relationships breaking down
Children, separation and divorce

 


Relationships breaking down

Ask your parents what they think about marriage. Are they married, or do they live together in a domestic relationship?

Find out what kind of marriage ceremony they had. Did they get married in a church, synagogue or mosque, or somewhere else?

Separation and divorce

Being in a relationship and having a family isn’t easy, and sometimes things can go wrong. Some mums and dads find it impossible to live together. No matter how hard they try, they can’t solve their problems. If your parents are married and they are having lots of problems, they may decide to get a divorce. If your mum and dad are in a domestic relationship, they might stop living together. All of this is very upsetting – for both the parents and the children.

How do people get divorced?

Before couples get divorced they must separate. They must live apart for one year to make sure that the marriage has really broken down and there is no chance that the couple will get back together again.

They must also try to reach an agreement on how they will take care of the children and share their property, like the house or the car. To help them do this, they can go to counselling or mediation. If they still can’t agree, they must go to court.

After one year of separation, a judge of the Family Court or a federal magistrate formally ends the marriage and the couple are divorced.

Although divorce is hard for both parents and children, it is easier to get a divorce in Australia than in many other countries and cultures. Some countries do not allow divorce at all.

  • Are your parents divorced?
  • If your parents come from another country, ask them to tell you about divorce in that country.

Parents who live together in a domestic relationship (often called a de facto relationship) don’t have to get divorced, but they still have to agree about the future care of their children.

Let’s explore

  • Have you heard the term ‘ in the best interests of the children’?
  • What do you think it really means?

Let’s find out

Keywords

  • De facto
  • Best interests of the child
  • Divorce
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