Family Law in Australia fails to acknowledge and support the institutional character of marriage as a voluntary union and contract intended to be permanent. Divorce must continue to be an available right, either consensually or by unilateral petition, without being conditional upon proof of ‘fault’. However, since marriage is a contract, there should be provision for the issue of penalties/compensation for proven breach of the marital contract (e.g. cruelty, desertion, habitual intoxication, etc) to be raised at the divorce settlement.
