A family is defined as 'two or more persons, one of whom is at least 15 years of age, who are related by blood, marriage (registered or de facto), adoption or fostering, who are usually resident in the same household' (ABS). The Family Law Act 1975 protects this concept of 'Family'. However, often the effectiveness of the legal system in recognising, regulating and protecting the different types of families that exist is debated. The most common types of families that exist in the Australian society today are marriages, de facto relationship, ATSI and customary marriages and same-sex relationships. Historically, the concept of 'Family' that was recognised by the legal system differed largely to the one that is present today. Women in the past were often on the wrong side of the scale where marriages and divorces were concerned and alternative family arrangements were not recognised in the law, given them little or no regulation and protection. However over time as the society's morals and ethic changed about 'Family', the law was amended to recognise, regulate, and prote

A marriage is 'the union of a man and women voluntarily entered into for life to the exclusion of all others'. This was defined in the case of Hyde v Hyde and Woodmansee (1866) and is corporated into the Marriage Act 1866 (Cth). The Marriage Act sets down the requirements of a valid marriage, a marriage will be valid only if neither are under the age of 18 years/with parental consent (between the age of 16-17)/permission from a judge if consent is withheld; neither are related in a prohibited way that is related by blood (ancestor, descendant, sister/brother, uncle/aunt, niece/nephew); neither is already married to someone else; are of opposite sex; neither is under duress; neither is misled as to identity of the person he/she is to marry or the nature of the ceremony; both understand fully what he/she is doing; a notice of intention to marry must be given one month prior and not more than six months before the marriage is to take place; marriage ceremony must be formed by an authorised person, two witness over the age of 18 and a signed marriage certificate. If any of these requirements are not meet, the marriage will be declared void. A marriage could also be declared void if sexual intercourse had not taken place, this is defined in the Matrimonial Causes Act 1959 (Cth). Marriage is essentially a contract and a hundred years ago common law regarded the husband and wife as unito caro (one flesh). This meant that a husband could have sexual intercourse with his wife whether or not she wished to. It also meant that he could beat her and lock her up but she could not sue him for any damages to her or her property. This has changed through the Matrimonial Causes Act 1959 (Cth) and Crimes Act 1900 (NSW) recognising the right and obligation, regulating these rights and protecting both spouses from harming the other physically or mentally as it is morally and ethically unacceptable in the society.

In most cases the legal system is most effective when relationships end and the individuals rights in that relationship need to be protected. Marriages although is intended as a commitment made for a lifetime, in reality are that more than one-third of the first marriages will end up in divorce. In the past marriage was seen as to have been ordained by God and therefore divorce was not always so easy to obtain. The Matrimonial Causes Act 1959 (Cth) outlined 14 grounds for divorce . The introduction to the Family Law Act 1975 replaced the 14 grounds for divorce to just one; the only requirement to prove that there has been an irretrievable breakdown of marriage. To prove that there has been irretrievable breakdown, a couple must live apart for a period of twelve months. The court can also order mediation or counseling but often it is too late as the marriage is may be already irretrievably broken down. After a period of twelve months, an application for the dissolution of the marriage may be made and after all conditions for dissolution have been met, a decree absolute is declared and the marriage is dissolved. Couples who have been married for less than two years must receive counseling before a divorce will be granted. The no fault divorce law, has its critics as it is often said that it drives couple to divorce rather than a lifetime together as no reason is needed to be proven to be able get divorce, decreasing the effectiveness of the legal system in protecting marriages, as martial problems are not being solved. The Family law Act in no fault divorce also presented a moral dilemma, as before 1975 there was usually a party who was to blame for the breakdown of a marriage, punishing her/him through property allocation, and /or child care decisions and some agree that this should still be the case.

e way as a heterosexual partners and in general, same sex partners face inequality in superannuation, inheritance, property rights, access to IVF technology, organ donation in the event of a death of a partner, ado

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