NSW Can Criminal Code Act Protect My Non-Marital Status?

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JWAJ

Member
12 January 2017
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I am not married, nor do I wish to be through conscious choice. I do like members of the opposite sex and having extended year on year relationships with them. Whilst not married, I believe that in the eyes of the state that I may be considered married through de facto relating.

The ag.gov.au web site (as at January 2017) includes a section on Forced Marriage

"Forced marriage is a slavery-like practice, a form of gender-based violence and an abuse of human rights. Forced marriage is not limited to any particular cultural group, religion or ethnicity, and there are reports of forced marriage from all over the world. Anyone can be a victim of forced marriage, regardless of their age, gender or sexual orientation....

...and ...

The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences regarding forced marriage. It is illegal to cause a person to enter a forced marriage, and to be a party to a forced marriage."


Can a lawyer tell me if the Criminal Code Act 1995 can protect my non-married status ?
 

Iamthelaw

Well-Known Member
13 September 2016
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I am not married, nor do I wish to be through conscious choice. I do like members of the opposite sex and having extended year on year relationships with them. Whilst not married, I believe that in the eyes of the state that I may be considered married through de facto relating.

The ag.gov.au web site (as at January 2017) includes a section on Forced Marriage

"Forced marriage is a slavery-like practice, a form of gender-based violence and an abuse of human rights. Forced marriage is not limited to any particular cultural group, religion or ethnicity, and there are reports of forced marriage from all over the world. Anyone can be a victim of forced marriage, regardless of their age, gender or sexual orientation....

...and ...

The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences regarding forced marriage. It is illegal to cause a person to enter a forced marriage, and to be a party to a forced marriage."


Can a lawyer tell me if the Criminal Code Act 1995 can protect my non-married status ?
Just so I understand your question: You're wondering if the Criminal Code can in essence renounce the fact that you're in a de-facto relationship?

The answer to that is no - The provisions in the Cth code relate to forced marriages ie, the examples of slavery you've provided above.

So long as you meet the definition of de-facto for the purposes of the Family Law Act (s4AA) whilst taking into account the considerations in (s4AA(2) you are in a de-facto relationship.
 

Tim W

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....So long as you meet the definition of de-facto for the purposes of the Family Law Act (s4AA) whilst taking into account the considerations in (s4AA(2) you are in a de-facto relationship.
Agreed.

I would add however that it remains perfectly possible to be even less than that.

By which I mean that people who are mere boyfriend and girlfriend
(or whatever combination of genders, and even if long term),
are not always and automatically assumed by the law to be de facto couples,
just because X amount of time has passed.

Mere passing of time is not the thing.
And time itself is not an automatic trigger for a change of status, nor the single deciding thing.

In working out if two people are de facto or not, the law looks to more than mere time.
It also looks to factual indicators and definitions, such those in the Family Law Act
to which @Iamthelaw refers.
There is also a legal definition of a de facto couple in the Property (Relationships) Act 1984 (NSW).
These two bits of law are consistent with each other, but serve slightly different purposes.

Point being, neither of them will turn you (plural) from mere boyfriend and girlfriend
into a de facto couple automatically, without your knowledge, and possibly against your will,
by the passing of time alone.
 
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greg999

Member
18 May 2018
2
0
1
I am not married, nor do I wish to be through conscious choice. I do like members of the opposite sex and having extended year on year relationships with them. Whilst not married, I believe that in the eyes of the state that I may be considered married through de facto relating.

The ag.gov.au web site (as at January 2017) includes a section on Forced Marriage

"Forced marriage is a slavery-like practice, a form of gender-based violence and an abuse of human rights. Forced marriage is not limited to any particular cultural group, religion or ethnicity, and there are reports of forced marriage from all over the world. Anyone can be a victim of forced marriage, regardless of their age, gender or sexual orientation....

...and ...

The Commonwealth Criminal Code Act 1995 (the Criminal Code) contains offences regarding forced marriage. It is illegal to cause a person to enter a forced marriage, and to be a party to a forced marriage."


Can a lawyer tell me if the Criminal Code Act 1995 can protect my non-married status ?

Yes
Forced marriage is considered a slavery-like practice under Division 270. A forced marriage is where one or both parties to the marriage do not fully and freely consent because of coercion, threat or deception, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity.

The slavery-like offences in Division 270 have extended geographic jurisdiction, and can apply where the conduct occurred in Australia, or where the conduct occurred outside Australia but the offender was an Australian corporation, citizen or resident. None of the offences in Division 270 require the victim to be moved across or within Australia’s borders.

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