• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  6. 6
  7. 7
  8. 8
  9. 9
  10. 10
  11. 11
  • Level: GCSE
  • Subject: Law
  • Word count: 3097

Examine the effects of this Act and its sister enactments, in order to determine weather or not the legislation relating to the family home is necessary and adequate.

Extracts from this document...


The Family homes protection Act, 1976 is the first in a succession of enactments dealing with matters of family law, which have impacted greatly on Irish conveyancing practise. Since coming in to force on 12th of July 1976, the Family Home Protection Act, 1976 and its related enactments have done more to regulate the ownership of matrimonial property than any other piece of legislation since the foundation of the state. The purpose of this assignment is to examine the effects of this Act and its sister enactments, in order to determine weather or not the legislation relating to the family home is necessary and adequate. It is first important to discuss the meaning of the family home. Section 2(1) defines family home as meaning: "Primarily, a dwelling in which a married couple ordinarily reside. The expression comprises, in addition, a dwelling in which a house whose protection is in issue ordinarily resides, if that spouse has left the other spouse, ordinarily resided before leaving" This section was not adequate and left a lot of questions unanswered, and as a result was amended by section 54 of the Family Law Act 1995, which read as fallows: "In subsection (1), Dwelling, means any building or any part of a building occupied as a separate dwelling and includes any garden or other land usually occupied with the dwelling, being land that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes, and includes a structure that is not permanently attached to the ground and a vehicle, or vessel, whether mobile or not, occupied as a separate dwelling". ...read more.


At the moment the decision stands, but as it is only a high court judgement it is venerable in the sense that the Supreme Court or another High Court judge who was willing to look more closely at the relevant statutes might take a different view thus overcomplicating the situation for conveyancers. So there may be a need to copper fasten the present legal position through legislation. Subsection (2) provides that subsection (1) shall not apply to a conveyance if it is made by a spouse in pursuance of an enforceable agreement made before the marriage of the spouses. Subsection (3) basically provides that a conveyance shall not be rendered void under subsection (1) if it is made to a purchaser for full value meaning such value as amounts or approximates to the value of that for which it is given. For example if a vendor conceals the fact of his marriage and conveys to a purchaser is a family home, the appearance of the vendor's wife subsequent to the conveyance will not affect the validity of the conveyance, if the purchaser had no notice of the marriage or of the wife's existence and is bona fide and has given full value. This does relieve a lot of pressure on the purchaser, and he will not be left with the burden of say a financial institution. But the responsibility is still on the solicitor to make the relevant inquiries and inspections. In the case of Somers v. Weir8 Just such a situation arose where by a purchasers solicitor failed to make the enquiries he reasonably ought to have made properly to ascertain whether a wife's consent was required and as a result the transaction was found to be void. ...read more.


There is also a requirement of intention in order for an action to succeed. The section requires proof that the husband acted in such a fashion with the intention of depriving his wife or a dependent child of the family of his or her residence in the family home. There has been extensive case law relating to this. And it is important to look at some of them. In CP v. DP14 Finlay P. rejected contention that the necessary intention may be imputed to a spouse from the natural and probable consequences of his conduct, stating he was satisfied he could not: "construe the word 'intention' in section 5 subsection 1 of the 1976 Act as being equivalent to the implied or imputed intention which can arise from the natural and probable consequences of an act or omission. There must be ... an element of deliberate conduct." There for he concluded that he cannot transfer the house into the sole name of the wife although he was satisfied that the husband was in debt, and the family home was at risk. The debts had arisen as a result of a slump in the property market, affecting the husband work as an architect. The judge ruled that the family home should be sold and from the proceeds a family home will be provided for the husbands wife and child and separate accommodation for himself. This is an example of pre-emptive action on behalf of the courts. It has given the depended spouse security, which is the main aim of the act and at the same time does protect the interests of the husband in respect of Finlay P's judgement, and view on the approach of intention. It was necessary to introduce this legislation, and the courts have refined the legislation in a manner that best aids both parties. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    Trevet's narrative also specifies that his Domild intercepts and reads Aella's message and substitutes the counterfeit one she writes herself. Gower, whose interest is to exemplify the evils of envy, not of "mannishness," suppresses Domilde's literal inscription of the letters.

  2. To What Extent Have the Main Aims of the Land Registration Acts Been Met?

    The meaning of 'actual occupation' has been the subject of two major judicial decisions. In Hodgson v Marks38, the Court of Appeal held that a widow, who conveyed her house to her lodger, had her interest protected because she was physically occupying the house.


    take care of others and not enough of a burden to take care of themselves."10 This issue stemmed from the aforementioned concern that liability was too easily established against a defendent. The panel, whilst discussing this concern expressed that in reformation of negligence law, the interest of the individual must

  2. Common Law and Equity

    Equity introduced mortgages and trusts which is relevance of equity today. Equitable remedies are discretionary so this means that a judge must believe that it is fair and suitable. 7.1 Injunctions Injunctions are either prohibitory (an order not to do something-the majority of injunctions)

  1. In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within ...

    There is no need to transfer the legal title to anyone because the settlor becomes the trustee. Finally, by transferring the legal title to a trustee to hold for the benefit of another provided that the legal title is correctly transferred to the trustee, according to the type of property

  2. EU & Child Proection with reference to the Irish Republic

    have come from the Sinn Fein Party. Its stand on child care and protection has been made known on a whole rage of issues some of which are highlighted. Child Care costs: Child care costs in Ireland is far higher than what is obtaining in the EU.

  1. The Law Relating to Negotiable Instruments

    It may be noted that documents containing express words prohibiting negotiability remain valid as a document (i.e., as an agreement) but they are not negotiable instruments as they cannot be negotiated further. There is, however, an exception in favor of a check.

  2. Discuss the Importance of the Doctrine of Supremacy

    Under article 24 of the German Constitution, certain legislative powers can be transferred. Its constitution is written, and does bind all succeeding parliaments. Part of the constitution provides for certain fundamental rights. These rights are protected by the German Constitutional Court, and this is where their concern lies.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work