Active learning ideas
When relationships end, the legal system provides a framework for the dissolution of the marriage and the resolution of disputes over property and children. This topic focuses on the 'no-fault' divorce system introduced by the Family Law Act 1975, which requires only that the marriage has 'irretrievably broken down'. Students examine the processes of mediation and the role of the Family Court (now the Federal Circuit and Family Court of Australia) in making parenting orders and property settlements.
Activity 01
Students role-play a mediation session between two separating parents who disagree on where their child should live. They must use the 'best interests of the child' criteria to reach a workable parenting plan.
What are the legal grounds for divorce in Australia?
Activity 02
Small groups are given a 'pool' of assets and a description of a couple's contributions (financial and non-financial). They must use the four-step process used by the court to propose a fair division of property.
How is property divided upon relationship breakdown?
Activity 03
Students discuss whether the 'no-fault' system is still the best approach or if 'fault' (like infidelity) should be considered in property settlements. They share their views with a partner.
What principles guide parenting orders?
A few notes on teaching this unit
Watch Out for These Misconceptions
You have to prove your spouse did something wrong to get a divorce.
Australia has a 'no-fault' divorce system. The only ground for divorce is the irretrievable breakdown of the marriage, proven by a 12-month separation. A 'myth-busting' quiz helps students move away from the 'fault' based ideas often seen in American TV shows.
Property is always split 50/50 after a divorce.
There is no automatic 50/50 split. The court looks at financial contributions, non-financial contributions (like being a homemaker), and the future needs of both parties. A 'case study' analysis helps students see how different factors lead to different percentages.
Methods used in this brief
Legal Concepts of Family
Students explore the legal definition of family and the legal requirements of marriage and alternative family relationships. They examine the rights and obligations of family members.
8 methodologies
Evolving Family Law Issues
Students analyse contemporary issues such as domestic violence, surrogacy, and the rights of children. They assess the law's responsiveness to changing societal values regarding the family.
8 methodologies