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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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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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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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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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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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aspects of the relationship, which can harm the relationship further and could possibly escalate the violence.11 In contrast, as agreements reached in mediation are in theory voluntary it is more likely that the disputants would abide by such agreements, rendering it a more effective means than civil proceedings in reducing impact of family violence. The problems in the current mediation model should nonetheless not be overlooked. The following analysis shows how training can solve problems arising from a lawyer's roles as victim's advocate and neutral mediator in mediations.
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Everyone believes homosexuals should have equal housing rights, equal job opportunities, and equal everything. Then comes the subject of same-sex marriages. This is where the equality stops
There are those who feel that by allowing same-sex marriages then the government would eventually allow incest and polygamy. Just ask anyone. They will tell you that they believe homosexuals should have equal rights. Everyone believes homosexuals should have equal housing rights, equal job opportunities, and equal everything. Then comes the subject of same-sex marriages. This is where the equality stops. In many European countries, marriages between same-sex couples are federally recognized, but unions of American homosexuals still go unrecognized by the United States government. More than half of all the people in the United States oppose same-sex marriages, even though three fourths are supportive of gay rights.
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In relation to legal parents, by virtue of s.2(1) of the Children Act 1989, all mothers automatically have parental responsibility for the child. The situation becomes more complex where fathers are concerned as the law distinguishes between married and unmarried fathers. A father who is married to the mother will obtain parental responsibility under s.2(1) yet a father who is unmarried will not automatically obtain parental responsibility and must take certain steps to obtain it. Until recently, there were essentially two sources of parental responsibility for an unmarried father as articulated in s.4 of the Children Act; they could either enter a parental responsibility agreement with the mother which
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In English Law, sperm donors may be held to be 'the real fathers' of children born through artificial insemination. Is that an unproblematic assumption? Compare notions of what makes a 'father' from two or more societies known to you.
Fortes3 asserts that "Ashanti beliefs about the physiology of conception reflect the social values attached to the parents". Ashanti society is matrilineally constructed, men have a greater political power than women; but political status derives from lineage affiliation which is conferred by women. The bond between a mother and her child is said to be a binding moral relationship in which the mother provides nurture for the child and in turn expects obedience and affectionate respect from her children. Although other female relations are referred to a 'mother' by the child, Fortes argues that it is accepted that "people feel differently [more strongly] towards their own mothers than their proxy mothers."
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As the significance of marriage declines in family law there is no longer any justification for excluding cohabitation from full legal recognition. Discuss.
The increased levels of co-habitation have an obvious detrimental effect on the marriage rate. There are social factors, such as the decline of the importance of religion. This results in couples that co-habit, or that get divorced, do not face the same type of stigma as they once would have. The increased ability of women, traditionally the 'supported' spouse, to embark on their own careers and earn their own money, even alongside motherhood, results in them being better able to cope with the effects of divorce than ever before, and therefore more willing to initiate divorce proceedings.
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Mediation does not employ force, as opposed to armed intervention 4) Mediation does not enforce a resolution4 through the invocation of legal norms, unlike arbitration5 Mediation is thus concerned with the achievement of a compromise that will be accepted by all parties through facilitating information exchange and negotiation. How the disputants would arrive at such a compromise cannot be strictly defined as the nature of mediation and a mediator's role adapt to the circumstances surrounding each conflict. To even begin to assess the success of mediation, it is first pertinent to define what "success" means.
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Articles 24 ? 26 MCO 1978, decree financial orders, for example interim orders. More so Article 27 introduces, firstly, consideration of the welfare of any relevant child, however this is not paramount, secondly to have regard to all circumstances of the case and thirdly to consider the possibility of a clean break, being that of an immediate clean break or fixed term periodic payments. Despite advancing the law through the removal of the minimum loss principle, this signalled an even more unpredictable discretionary system as it was not replaced by an alternative overriding objective.
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The Bill will have to be passed by the House of Commons and the House of Lords. it has to undergo several stages. First reading; the Bill is read out, with no debate. Second reading; The Bill is to be explained by a Minister. Here there will be public attention; press, campaigns etc for the Bill to go further the majority of MPs must be in favour. Committee stages; a committee examines and amends. Report stage; the Bills is reviewed in the House where it started, debate, acceptance or rejection. Third reading; Final vote, this is a formality as it is very unlikely to be dismissed at this stage.
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The area of homelessness is governed by Part 7 of the Housing Act 1996, the states that the Local Authority has the responsibility to provide accommodation to a person if they believe that they are homeless unintentionally. For a person to be considered as homeless, they would either have to have no accommodation available to them or it would be unreasonable for them to live in there accommodation. The act under section 177 goes on to say that it would not be ?reasonable? for a person to continue to occupy the accommodation if it would lead to ?domestic violence against him?.
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The report in question?s main focus, recommends a new statutory scheme designed specifically for cohabitants on separation that would apply only to cohabitants who have had children together or lived together for a specified number of years provided they satisfy the eligibility criteria. In doing so, the scheme would also address particular economic consequences of the contributions made by the parties during the relationship. The report appreciates with statistical evidence, the increase in the number of cohabiting couples, together with the number of public acceptances towards the idea of cohabitation.
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