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University Degree: Family Law
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- Marked by Teachers essays 1
The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished.4 star(s)
Many grounds for a voidable marriage and grounds for divorce relate to sex. Although formalities exist for marriage ceremonies, religious ceremonies have never been necessary. However, according to the Marriage Act 1949 and Marriage Act 1994, it is necessary to have at least one set of formalities; either rites of the Church of England, a religious ceremony, or by civil procedure. A valid marriage can be terminated by dissolution or death. In the Marriage Act 1949, there are three types of defect which are non-compliant with the formalities of divorce: the type that has no effect on validity, which is set out in section 24 and section 48; section 25 and section 49
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Birth control has become a booming topic of debate in the United States due to the decreasing age at which children are having sex for the first time and how schools are choosing to deal with it, the added pressure that is being placed on young children
No matter how innocent some people want to believe middle school children are, the truth is those girls and boys, aged eleven, twelve, thirteen, and fourteen years old are hooking up, performing oral sex, having intercourse, etc. Not everyone is, but his or her friends or classmates may be. "One [youth in eight] is sexually experienced, having engaged in intercourse, oral sex or both before the age of 14," the Journal of Adolescent Health reported in 2006 with "nine percent reported ever having sexual intercourse ...
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In the case of White v White, the couple had roughly £4.5 million worth of assets after ending their 33 years marriage. The trial judge awarded the wife £800, 000, assessed as meeting the wife's reasonable needs for the rest of her life. The wife appealed against the earlier judgement to the Court of Appeal and later to the House of Lords. Lord Nicholls, in this case, made it clear that the equality principle is to be regarded as a yardstick and not as a presumption.
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This essay will firstly address the similarities and differences between marriage and civil partnerships. It will then address the various commentators, who have argued for the legitimacy and fairness of the distinction and then highlight invaluable oppos
Despite the above differences civil partnerships are practically identical to marriage. As demonstrated by Barker; "The 2004 Act provides that civil partners are to be treated by law in the same way as married couples in respect to property disputes between them, actions in tort between them, insurance law, social security law and the law relating to wills, administration of estates and family provision."6 In addition it was exampled by the case of Ghaidan v Godin-Mendoza7 that civil partners are to be accorded the same status as married couples, and if they wish, be referred to as 'husband and wife.'
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Even though marriage still plays an important part in the lives of ordinary people3, the definition of a family based on the marital status of a couple is diminishing, and recent legislation, as mentioned above the Civil Partnership Act 2004 has enabled a new type of family to appear. Furthermore the Law has seen developments in the area of cohabitation which shapes the way the contemporary view deems what a family is. It is easy to define the functions of a family but it is harder, as academics have found to define who makes up the family.
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"equal shared parental responsibility"6 so far that it is reasonably practical.7 'Parental responsibility' is defined by s 61B of the Act 8 as; "in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children." S 61C 9 provides that each parent has parental responsibility for that child subject to court orders, which means that the court can limit the extent of parental responsibility that a parent has. A parent will only be given as much parental responsibility as is appropriate for that child.
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Discuss, with reference to statutory provision and relevant case law, the extent to which, if at all, the courts achieve an effective balance between the right of the child to enjoy contact and the concerns (legitimate or otherwise) of the carer parent.
In order to attain contact with their child the non carer parent can apply to the court for a contact order under S8 of the Children Act 1989. if the court enforces a contact order under S8 then the person with whom the child lives with is required to permit the child to visit or stay with the person named within the order or to allow contact between that person and the child. It is widely accepted that contact can have a highly positive effect on children, particularly in relation to their happiness and their growth as individuals.
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Reliance was also placed upon Canada's obligations under the U.N. Convention on the Rights of the Child. A coalition of groups filed an application to intervene in the matter, in support of the Foundations application at the Ontario Superior Court. The Canadian Teachers' Federation was granted intervenor status as a party in order to file evidence, with respect to the effect of Section 43 on teachers. They opposed the repeal of Section 43, although their stated policy position is that teachers should not use corporal punishment on students. d. Issues 1.
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Discuss and explain: a) How same-sex relationships have come to be increasingly recognised under English law; and b) Whether, in your view, the position is now satisfactory.
Secondly, the law grants same-sex couples an increasing set of rights. Thirdly, a status equivalent to marriage, but different from it, is granted to same-sex couples. Finally same-sex couples are allowed to marry. UK law has reached the third stage and there is great debate as to whether same-sex marriage should ever be permitted in the UK. The classic definition of marriage in English law was coined by Lord Penzance in Hyde v Hyde3: "I conceive that marriage, as understood in Christendom, may . . . be defined as the voluntary union for life of one man and one woman to the exclusion of all others."
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The present law governing cohabiting couples has been widely criticized; so much so that the Law Commission has characterised the existing rules as arbitrary, uncertain and unfair. There have been many attempts and various consultations to change and r
It was also revealed in the report that according to the British Social Attitudes Survey 2000 that the public opinion on cohabitation is positive, with 67 per cent of respondents agreeing that it is "alright for a couple to live together without intending to get married"5 Many cohabiting couples are under the perception that they will automatically succeed for some protection from the law if their relationship was terminated; but, as with gay couples (except civil partnership), their relationship is not recognised as having any legal significance, and they have no special status in the eyes of the English legal system6.
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them determine where the child's welfare lies, including the ascertainable wishes and feelings of the child, his physical, emotional and educational needs and the likely effect of a change of residence. So let us examine the facts of the case at hand- Hassan would like his son to be brought up in the Muslim faith but Susie does not seem too keen on this idea. Hassan, being a parent under section 10(4), could apply for a Section 8 order which are residence orders, contact orders, prohibited steps orders and specific issue orders.
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Academic commentators have noted that "the range of property law principles and approaches available produce an unnecessarily expensive and cumbersome process for the often distressed law client".3 The current law has been described as complex, uncertain and likely to give rise to unfair outcomes.4 It does not take adequate account of the economic consequences of contributions made by the parties, particularly non-financial contributions such as one partner giving up work to raise a child.5 Further, the Law Commission expressed dissatisfaction with the role of constructive trusts as a remedy for cohabiting couples who wish to separate.
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What lessons can be learnt from the existing law of divorce which may be helpful in reforming this area of law?
There is only one ground for divorce: irretrievable breakdown8 which must be evidenced by one of five facts9 as stated in Richards10. A petition can be dismissed during the many stages of scrutiny. The usual circumstances for dismissal are: inaccuracies on the face of the document for example the wrong form filed, insufficient evidence of adultery, failure to name to person the adultery had been with and parties still living at the same address. Providing that none of the above occurs the High Court declares a decree nisi and following no objection a decree absolute.
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Research Proposal. This proposal will look at the various rights and responsibilities that are currently held by unmarried fathers and married fathers and mothers. It will surface any differences that unmarried fathers might face in comparison to married
Should unmarried fathers have the same rights as married fathers? It will display the knowledge of today's society regarding parental rights and how the dimensions of a family have evolved. It will investigate the research that has been previously done, then go on to look at what we propose the future research to be. It will surface any issues that we could foresee to arise, then finally conclude. The question which we are proposing to answer is " Wither or not unmarried fathers should be entitled to the same rights and responsibilities as married fathers and mothers?"
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Succession rights on intestacy of a cohabiting couple: A comparison between Scots law and New Zealand law
Scotland Before further research on the law of New Zealand, it was essential that the cohabitation rights under Scots Law were analyzed. Webcast fifteen of the domestic relations lectures was studied and the exemplar essays provided were reviewed. A search was then performed of the library catalogue for relevant books on family law. Two of these in particular were very helpful as they were written in 20065, and therefore contained information on the Family Law (Scotland) Act6 which was the basis for the assignment.
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This is when the issue of contact emerges and the court step in to intervene while balancing the interests of all parties concerned. A contact order is necessary where a mutual agreement cannot be reached and the carer is restricting or preventing contact, or where the child's welfare demands the control or termination of contact. Opposition to contact may be justified where there is a risk of violence to the child, or of the child being abducted; particularly where this is out of the jurisdiction.
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DO you consider that the provisions of ss11A-11P children act 1989 will equip the courts more effectively to deal with contact disputes in future?
order is made.7 The overall effect of the new provisions is to extend the scope for court involvement in the management of parental contact where parents are unable to agree or resolve disputes through mediation. This approach is considered appropriate in order to achieve the social objective of enabling children to grow up with a close relationship with both parents.8 The provisions of ss11A - 11P provide more extensive methods of facilitating contact and are designed to provide a series of remedies for the problems that hinder contact arrangements.
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Are cohabiting couples treated as if they were married? Critically review recent proposals to reform this area of law.
However it is important to note that this definition is limited, as it does not acknowledge several other types of cohabiting couples, such as same-sex couples. There has been a significant increase in the rate of cohabiting couples in recent years; according to the 2001 Census, the number of cohabiting couples has increased by 67% in the last 10 years, and according to the Law Commission Report 307 (2007) cohabitation is "expected to become more prevalent in the future"2. It was also revealed in the report that according to the British Social Attitudes Survey 2000 that the public opinion on
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Second, the discussion will address the changes proposed in the Human Fertilisation and Embryology Bill to ascertain whether or not it adds to - or overcomes - the issues discussed to this point. The final section of the paper will address any further ethical issues of the technology. The woman who gives birth to a child will always be considered in law to be the mother of the child.1 This rule even applies in the cases where the woman gives birth as a result of having a donor egg implanted.
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Commercial versus altruistic surrogacy Surrogate motherhood can be divided into two groups: commercial surrogacy where the surrogate mother is paid a sum of money to carry a baby for the commissioning parents; and altruistic surrogacy where a surrogate mother produces a baby without payment of money being sought or received. Prior to the introduction of the HART Act in New Zealand, it was possible to have both commercial and altruistic surrogacy arrangements. Commercial surrogacy is now illegal under s14(3) of the Act.
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and S 1(b) of the CPA 2004; to recognise same-sex marriages lawfully effected in other jurisdictions as valid in English law. They were essentially asking the court to ignore the general principles of English private international law governing marriages which require that the parties conform to the formalities of marriage as provided by the country where the marriage took place and that the couple has legal capacity to marry in their country of domicile. Alternatively the parties sought a declaration under the HRA 1998 s 4(2)
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in this instance the marriage would be lawful5. Also polygamous marriages entered into outside of England and Wales if either party was domiciled in England or Wales at the time. A voidable marriage also has to meet certain criteria and this is set out in section 12 of the MCA. The grounds for voidable marriage are clear and include the non consummation due to incapacity ( Petitt v Pettit)6 by either party or indeed wilful refusal by either party to consummate(Horton v Horton)7.
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'Over the last 50 years, the way that the courts have defined family has changed dramatically. Following the criteria that the House of Lords set out in Fitzpatrick v Sterling Housing Association  1 A.C. 27, Polyamorous units and "families of choice
It was held Mr Fitzpatrick fell under paragraph 3.Therefore this essay shall examine the discourses this question has to pose by reviewing how the courts have changed and whether 'polyamorous units' and 'Families of Choice' can be accepted under the above criteria's to now gain legal recognition. The slow progressive nature of the courts approach to the definition of family has come a long way changing from an ordinary man interpretation, to a moralistic stance, to recognition of societal changes.
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This gives the courts a wider discretion in defining what amounts to a family in light of changing social trends and attitudes. However, this approach is not without flaws. The main problem would be to answer the question of: "what should the functions of a family be?" This would mean that the functions of the idealized family would be adopted and again, this is rigid. Nevertheless, it is still more flexible than the idealized definition or the formalist definition as the function based approach permits other family forms to be included within the definition.
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How far are concepts of the separation of powers and the Rule of law, demonstrated or challenged by recent decisions of the courts since 1990?
This concept together with Rule of Law and sovereignty parliamentary is embedded throughout the British constitution. Separation of powers has contributed an important role in the constitution as it has distinguished which powers can be allocated and separated amongst the three essential organs that exist in any society. Montesquieu is credited with formulating the doctrine of separation of powers in the 18th century. These elements are the executive, the legislative and the judiciary. The executive is the branch which formulates policy, enabling to administer the law. The legislature is the law making arm of the state and the judiciary apply the law.
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