Active learning ideas
Family law in Australia has shifted from a focus on 'fault' and 'punishment' to a focus on the 'best interests of the child' and the fair distribution of property. This topic explores the legal definition of family and the requirements for a valid marriage under the Marriage Act 1961, including the landmark 2017 amendment for marriage equality. Students also examine alternative family structures, such as de facto relationships and blended families, and how the law has evolved to provide them with similar protections.
Activity 01
Students are given a list of different household structures and must discuss with a partner which ones should be legally recognised as a 'family' and why. They then share their criteria with the class.
How does the law define a family?
Activity 02
Small groups research the history of the Marriage Act 1961, focusing on major changes like the 2004 definition and the 2017 'Yes' vote. They create a timeline showing how the law responded to societal values.
What are the legal requirements for a valid marriage in Australia?
Activity 03
Stations provide information on the legal requirements for a de facto relationship versus a marriage. Students must identify the similarities and differences in areas like property rights and inheritance.
How does the law protect alternative family structures?
A few notes on teaching this unit
Watch Out for These Misconceptions
You have to be married to have legal rights in a relationship.
In Australia, de facto couples have almost the same legal rights as married couples under the Family Law Act, provided they meet certain criteria. A 'rights comparison' activity helps students see the extensive protections for non-married partners.
The law defines a family only as a mother, father, and children.
Australian law recognises a wide range of family structures, including same-sex couples, single parents, and kinship groups in First Nations communities. A 'gallery walk' of different family models helps students see the law's inclusive approach.
Methods used in this brief
Dissolution and Dispute Resolution
This topic investigates the legal processes involved in relationship breakdowns, including divorce, property allocation, and parenting orders. Students evaluate the role of the Family Court.
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