Evaluate the Effectiveness of the Legal System in Responding to Changing Community Values in Terms of Achieving Justice for Family Members.

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Evaluate the effectiveness of the legal system in responding to changing community values in terms of achieving justice for family members. Although family law focuses on individual relationships and the achievement of just outcomes for the individual, the legal system also operates to provide a just outcome for society as a whole. In order to secure a just outcome for society, the legal system needs to operate as efficiently as possible; the law needs to remain contemporary, the law must be enforceable and the law must endeavor to balance the rights and values of individuals against those of society in order to provide justice for all. Early law in the 19th century viewed marriage as absolutely binding because of the sacredness of marriage under God. However, as society changed its views on marriage, the Matrimonial Causes Act 1959 (Cth) was passed to allow divorce on the concept of fault, including adultery. However people were forced to blame the other party in court when fault lay with neither party. This problem and public acceptance of the concept of divorce assisted in the establishment of the Family Law Act 1975 (Cth), which introduced the ‘no fault’ divorce and the only ground needed for divorce; an “irretrievable breakdown” of the marriage. This can be clearly seen in the cases of Whiteoak vs. Whiteoak 1980 and Pavey vs. Pavey 1976. Women also received greater equality as non financial contributions to the marriage were taken into account during the dissolution. The Family Law Reform Act 1995 (Cth) simplified the divorce process and thus made it more cost effective and less time consuming. However, the introduction of this act has resulted in one in two marriages breaking down today. In result, it has been seen as ineffective for making it far too easy for couples to access and apply for dissolution, leaving many children having to witness the public
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