The law should promote financial equality in ancillary proceedings following divorce

The law should promote financial equality in ancillary proceedings following divorce. Discuss. Following a divorce, the court has wide powers to redistribute the parties' property1. When redistributing the parties' property, the court has to take into account the factors listed in s.25 of the Martimonial Causes Act 19732. The House of Lords' decision in the case of White v White3 introduced the 'yardstick of equality' promotes financial equality in the ancillary proceedings following divorce. However, not all ancillary proceedings cases are decided equally such as that in J v J4. Furthermore, the courts often find it difficult to divide the property equally between each parties due to the circumstances of the parties such of which will be discussed below. According to 'Weitzman, in an American study, it was found that women suffered a 73 per cent decline in their post-divorce standard of living'5. This should encourage the law in promoting financial equality in ancillary proceedings. However, equality could mean either equality of outcome or equality of opportunity as pointed out by Eekelaar6. In addition, the court must als take into consideration the state's interests such as saving public money, child care issues, the children's interest, the symbolic value of child care, the stability of marriage, post-divorce life as well as sex discrimination on how the parties'

  • Word count: 1732
  • Level: University Degree
  • Subject: Law
Access this essay

Cohabitation - the need for legal reform

The present law governing cohabitation has been extensively discussed and criticised; so much so that there is constant debate on whether or not there is need for reform relating to cohabitees. Defining the terms ‘cohabitation’ and ‘cohabitant’ can be somewhat of a confusing and difficult topic to clarify, as these terms can consist of different opinions and views to various individuals on describing and defining these expressions. Nevertheless, the central consensus is that cohabitation is a type of non-formal relationship which involves two individuals, whether opposite or same-sex, living together as a couple without any legal recognition of that relationship. This in turn differs from formal relationships such as marriage and civil partnerships as these are relationships which can only be created by complying with various statutory formalities.[1] In discussing the various issues surrounding cohabitation, it is essential to analyse the aims and strategies of the Law Commission’s report Cohabitation: The Financial Consequences of Relationship Breakdown (Law Com No 307), in relation to the need for reform with regard to cohabitation. The Law Commission in its report as mentioned above, raises several arguments as to the reasons for reform in certain aspects relating to the current law on cohabitees, however, there are also particular arguments and debates that

  • Word count: 2206
  • Level: University Degree
  • Subject: Law
Access this essay

The aim of the Children Act 1989 was to simplify the law relating to children.

Discuss the current debates in relation to contact orders and the absent parent The aim of the Children Act 1989 was to simplify the law relating to children, making it more consistent and flexible. In essence the objective was to make the law more appropriate by making it child centred. Hester (2002) contended that the Act re-defined child care law, introducing new measures for working with children and families in both public and private family law. Generally speaking the Children Act has embodied a fresh approach to working with and for children, underpinned by the principle that the child's welfare is paramount. Under section 8 of the Children Act 1989 the court may make four types of order within family proceedings in respect of the child's welfare: a contact order, a residence order, a prohibited steps order and a specific issue order. This report focuses primarily on contact orders and the problems that have been associated with them since the implementation of the Act. It will discuss in depth the issue of domestic violence and the concept of implacable hostility. A contact order requires the person with whom the child lives or is to live to allow the child to visit or stay with the person named in the order or that person and the child otherwise to have contact with each other1. There has been a strong presumption since the introduction of the Children Act and

  • Word count: 3935
  • Level: University Degree
  • Subject: Law
Access this essay

With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds.

With the very nature and fluidity of Family Law, many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Parental responsibility is one such example where s.3 (1) of The Children Act 1989 provides that, "...all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property." Indeed Ashley is one of the many who observe that this definition is far from helpful and adds that [even] "lawyers struggle to give clients a clear expression of what it actually means."1 The Law Commission did consider this issue and concluded that it was not possible to include a list of all matters concerning PR, as this would continually change.2 John Eekelaar did try to conceptualise the meaning in his article 'Parental Responsibility: state of nature or nature of the state' by stating that PR performs two distinct but interrelated functions. "It describes the power of the parent in terms of responsibility not rights, and locates the obligation to care for children with the parents not with the state."3 However, a much easier task is to look at who has PR in relation to Dean, Eva and Grant as the situation presently stands. As Herring identifies this issue is a much more important one than 'who is the parent?' However, and he is quick to add, that due to the CA 1989, "'who

  • Word count: 4699
  • Level: University Degree
  • Subject: Law
Access this essay

family law nulity

Family Law Question 1 The law surrounding the nullity of any marriage is laid down in the Matrimonial Causes Act 19731 (hereafter MCA). A void marriage is a marriage which is clearly void from the very beginning of the said marriage. The reasons for void marriages are clearly defined in section 11 of the MCA which states that the marriage is void if the parties are within prohibited degrees of a relationship, i.e. niece and uncle or the step children of any person previously married to the child's parent and who have played a pivotal role in the upbringing of the said child. If either party is under 16 years old this is also a void marriage, if either party was already married this too becomes void(Chard v Chard)2. Void marriages also include same sex partners (Corbett v Corbett3 and Bellinger v Bellinger)4 unless it is a transsexual who has obtained a full gender recognition certificate under the Gender Recognition Act (2004) 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

  • Word count: 1083
  • Level: University Degree
  • Subject: Law
Access this essay

Intellectual property disputes

Scholars and practitioners alike have proclaimed mandatory mediation a triumph in the pursuit of a more efficient and cost- effective dispute resolution system. In its most potent form, advocates claim that mandatory mediation will remedy the flaws of delay, formality, and dissatisfaction which pervade the current civil justice system. In an age where the adversarial model is falling into disrepute, mandatory mediation holds the promise of earlier settlements in a context focused on party empowerment. The potential success of this practice has become so consumed by popular thought that few have paused to consider the myriad of issues embedded in the oxymoron of 'mandatory mediation'. One fundamental concern with coercing a party into mediation is that certain types of disputes are not reconcilable within this forum. Litigants involved in intellectual property disputes, for example, are susceptible to unnecessary delay, denial of due process, and substantial power imbalances when subjected to mandatory mediation. Utilizing the context of intellectual property disputes, this paper offers a critical examination of the repercussions of instituting mandatory mediation as a preliminary step to litigation. Rule 24.1 of the Ontario Rules of Civil Procedure was implemented with the specific mandate "to reduce costs and delay in litigation and facilitate the early and fair

  • Word count: 1240
  • Level: University Degree
  • Subject: Law
Access this essay

Changes on the life of women in this century have affected different aspects of their social life compared to women in the past century.

Changes on the life of women in this century have affected different aspects of their social life compared to women in the past century. The women were not allowed to work, instead they were meant to look after their husbands, children and entire household. Together the husband, wife and children make up a family unit. The husband was regarded as the breadwinner. He had to work in order to support his family financially. Most women now work but the husband's job is generally considered to be more important. Just over 50years ago, women were excluded from the workforce and were dependant on men. Marxists believe capitalism is the key factor in the oppression of women. Pontian has the highest divorce rate in the EU. Pontish marriages in every 1000 end up in divorce compared to the rest of Europe. The number of divorces rose from 29000 in 1951 to 155000 in 1995. Homes and marriages may be broken. Separation thraige either choice necessity (like working home or imprisonment may cause a broken home, as may the death of a partner. So homes may be broken for reasons other than divorce. Women in this century now take up employment, which means that they may have a voice in terms of financial support. They now want equality within their marriage. Working wives are now spending more time away from home, working long hours and have less time to look after their husbands and children.

  • Word count: 688
  • Level: University Degree
  • Subject: Law
Access this essay

International Conflict Analysis

Teong Yi Heong (Jet) U021202J International Conflict Analysis 5. Timing is very important for mediation to succeed. When should mediation be attempted? At the beginning or at the middle point? Answer with reference to a conflict/conflicts of your choice. The prevalence of conflict at any level of society, be it among individuals, organizations, states et cetera, is unavoidable. As a premise to his argument for the Leviathan, Thomas Hobbes posits that the natural condition of man is "a condition of war of everyone against everyone"1. Extrapolating from his premise, it is arguable that conflict is inherent to man's nature. Given that conflict is inevitable, it is then necessary to manage conflict to ensure survival. According to Jacob Bercowitch et al, conflict can be managed by any of these means: the use of either physical or psychological force; through negotiations; or, the involvement of parties external to the conflict either in the utilization of legal norms or in a non binding manner2. Mediation as a conflict management technique falls in the last category. William Zartman and Saadia Touval suggest the definition of mediation to be "a mode of negotiation in which a third party helps the parties find a solution which they cannot find by themselves."3 The definition is broad and encompasses a wide range of third party involvement. Jacob Bercovitch distinguishes

  • Word count: 2899
  • Level: University Degree
  • Subject: Law
Access this essay

The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished.

Family Law 22114 2002-13295 Written Work 2003-2004 Semester1 The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished. Discuss To discuss the distinctions between void and voidable marriages, we must first establish that they are not the sole types of marriage. Firstly, there is a valid marriage; one where the ceremony follows the correct formalities and there are no defects at all. The fourth, and often ignored category is that of non-marriage; a ceremony that is so far removed from a valid marriage, it is not a marriage at all, e.g. in the case of Ghandi v Patel1. In answering the question, it is inevitable that we discuss the grounds for void and voidable marriages and the differences between them. The law tells us in the Marriage Act 1949, what is a valid marriage, and in the Matrimonial Causes Act 1973, the law tells us how a marriage is void or voidable. A void marriage is a marriage that never existed (void ab initio - void from the beginning), whereas a voidable marriage is valid until it is annulled. Marriage is a status relationship. Formality is extremely important, if not essential to a valid marriage. Heterosexual sex is a central feature of marriage also. Many grounds for a voidable marriage and grounds for divorce relate to sex. Although formalities exist for marriage ceremonies,

  • Ranking:
  • Word count: 2369
  • Level: University Degree
  • Subject: Law
Access this essay

Surrogacy in New Zealand

Introduction Advances in biotechnology in the last 20 years have greatly enhanced the opportunities for infertile couples to have their own child. Sperm or egg donation and IVF treatments are now routinely used. Less common is the practice of using a surrogate mother to carry a child for the infertile couple. Section 5 of the Human Assisted Reproductive Technology Act 2004 (the HART Act) defines a 'surrogacy arrangement' as an arrangement under which a woman agrees to become pregnant for the purpose of surrendering custody of a child as a result of the pregnancy. Where such an arrangement is made with a couple, the couple is commonly described as the "commissioning parents" and the woman as the "surrogate mother". Traditional or partial surrogacy is where the surrogate mother's egg is used in conception. She is the child's genetic and gestational mother. Gestational or full surrogacy refers to the situation where a fertilised embryo is implanted into the surrogate mothers uterus. She carries and delivers a child that she has no genetic relationship to. Surrogacy is fraught with legal and ethical issues that have been canvassed widely in both New Zealand and overseas literature. Broadly speaking, the proponents of surrogacy point to the pain of infertility, and argue in favour of the reproductive autonomy of women. In New Zealand there is the additional argument that

  • Word count: 4665
  • Level: University Degree
  • Subject: Law
Access this essay