Law of the home: Ancillary relief Evaluation
Question 2: Since the turn of the century ancillary relief (AR) law has evolved greatly. Despite little legislative change, focusing on The Matrimonial Causes (NI) Order 1978 (MCO 1978), development can be put down to the courts wide discretionary power in the area, allowing this case specific approach to characterise the law in the recent decades.[1] This essay puts forward the argument that judicial developments, especially in the House of Lords, was a necessity for fairness regarding gender equality and non-discrimination. However, I will also argue that uncertainties exist within these developed principles, allowing for expensive, resource consuming litigation and confusion in practice. I will specifically be analysing the leading cases in the area, of White v White[2] and Miller; McFarlane[3] highlighting both the fairness developed afterwards but also the legal uncertainties which persisted in subsequent case law, concluding with the potential for reform. AR is a statutory regime, where upon breakdown of marriage there is a judicial regulation of assets, this is often the case when an agreement cannot be met outside of the courts. Before analysing case law development with regards AR, we first must look at how the law has been shaped. Judicial divorce was originally governed by the Matrimonial Causes Act 1939 (NI), traditionally difficult to obtain, further development
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
Cohabitation Law Reform
In recent decades, the traditional idea of the family has changed significantly, evidenced by the steep decrease in the marriage rate in England and Wales.1 Different social circumstances and attitudes have contrived to make cohabitation a much more acceptable and prevalent way of life for thousands of people. The 2001 consensus revealed there were 2 million cohabiting couples in England and Wales, an increase of 67 per cent from the 1991 figure.2 The fact that cohabitation is becoming increasingly more popular necessitates an appropriate and timely response from the law to regulate this new tradition. The government has recognised that the current law is insufficient to embrace the new trend of cohabitation, leading the Law Commission to conduct research over a two year period that culminated in an extensive report published in 2007. The report sets out the myriad of issues facing the legislators with regard to cohabitation and suggests options for reform. The need for reform There are a multitude of reasons why the law on cohabitation needs to be reformed. Although the fact that the numbers of cohabitants is increasing, as the Law Commission acknowledges, this is not a sufficient reason in itself to justify a change in the law. Currently, childless cohabitants must have recourse to the general law of property and trusts, whilst cohabitants with children can utilise
Domestic violence
I INTRODUCTION Effective implementation of family law reforms relies on the capacity of family lawyers to identify, respond and intervene in family violence appropriately.1 Family lawyers often act as victims' advocates in civil proceedings and family mediations,2 or neutral mediators in family mediations.3 This paper canvasses how appropriate training can redress problems in the current family dispute resolution model, and as a result minimize the impact of family violence. II SOCIAL JUSTICE SERVED BY OUR CURRENT MEDIATION AND LITIGATION MODELS Mediation has gained its popularity in general family dispute resolution in recent years4 for its potential to reduce disputants from enduring the almost unavoidable heavy financial and emotional costs of court proceedings.5 Nevertheless, in cases involving family violence the public are skeptical about the suitability of mediation.6 Legislature has also recognized the inappropriateness of mediation in such cases by exempting parties from mandatory mediation for a parenting dispute.7 However, most of the criticisms against using mediation in cases involving family violence can be equally applied to a traditional litigation.8 Family lawyers should also recognize that there are many cases in which civil remedies, such as protection orders, are ineffective. A study found that in cases which have caused deaths, a protection order as
Family law and religion
One of the most important means of transmitting religious beliefs and values, and of sustaining a religious culture, is through the family. This problem question encompasses the problems parents, children and the courts face when religious upbringing is concerned. In this particular case, we will see how one parent wants to bring the kid up following the Islamic traditions while the other parent 'had long ceased to practice her faith'. When the relationship between parents of a child breaks down and the parents decide to live separately, a number of decisions have to be taken. The parents will have to decide with whom the child shall have his or her main residence and the amount of contact the child will have with the non residential parent. Parents are encouraged to resolve such questions themselves, perhaps with the aid of a neutral third party. Where these issues cannot be settled by the parents, the court may impose a decision through court orders. In reaching any decision on residence or contact, the court has as its guiding principle, the best interests of the child. The welfare approach or best interests finds its latest expression in the Children Act 1989 and section 1(1) of this Act provides that when the court determines any question with respect to the upbringing of a child, the child's welfare shall be the paramount consideration. In deciding with whom the
How Has The Law Adapted To Changes In Society With Regard To Marriage And Family?
The law is made to regulate society, and the development is affected by progress, and other changes in society. Whenever there are new changes, the law must also change to keep up with society. The parliament is elected, by the people and thereby reflects part of the society. New acts of parliament is often a reaction to changes in society, as is the delegated legislation. E.g. an act of parliament can originate from a national emergency,crisis or new development, like The Anti-terrorism, Crime and Security Act 2001 after the 9/11 terror attack.[1] They can also originate from party manifestos, royal commissions, the Law commissions or a private members bill, all which are a reflection of the work of the elected parliament, and therefore also the changes in society. E.g. If a Government minister who introduces a bill, as affected by a change or a need in society, the department regarding this specific area, will publish a green paper, in which he/she outlines the plans, the intention, and seeks advice from organisations that are specialised on the matter or people affected thereby. Civil servants in the department will summarise the advice, and pass them on to a relevant Minister. Together they will publish the white paper, which will be the outline of the ideas. The Bill will be written by parliamentary draftsmen (lawyers), who will use the white paper to do so.
Supreme Court Case analysis - Yemshaw v London Borough of Hounslow (2011) UKSC 3
Essay Question: Case analysis - Yemshaw v London Borough of Hounslow (2011) UKSC 3: The Supreme Court case of Yemshaw v London Borough of Hounslow (2011)[1] , has made headlines, the Daily Mail titled it as “Shout at your spouse and risk losing your home: It's just the same as domestic violence, warns woman judge”[2]. This case became a controversial area, it was scrutinised. Shouting between adults cannot be seen by the courts as domestic violence, but nor should psychological abuse i.e. harassment or verbal abuse, these can cause serious harm to the adults as well as children. It is something to be considered in relation to the threshold of seriousness. Until now the term violence has always meant physical assault. The decision in the case has brought changes to homelessness law and family law, in that the courts have the power to remove someone from the home if they are accused to have been violent against members of the family. In Yemshaw, the issue at hand was, what was the actual meaning of the term “violence” under section 177(1) of the Housing Act 1996, and was it just limited confined within physical abuse or does it extend its scope to other form of violence? This significant case ruled that in domestic violence in relation to homelessness includes not only the aspect of physical abuse but also psychological abuse. But before I look at how the law was
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
RESEARCH PROPOSAL "Wither or not unmarried fathers should be entitled to the same parental rights and responsibilities as married fathers and mothers?" SUBMITTED BY 4PM 6TH JANUARY 2009 CONTENTS PAGE "This contents page is compiled to reflect the requirements of the assessment. It gives a clear indication of me addressing each section of the research proposal as needed." .0 INTRODUCTION 1.1 Research Outline 2.0 AIMS AND OBJECTIVES 2.1 A statement of the aims 2.2 Objectives 3.0 LITERATURE AND RESOURCES REVIEW 3.1 A review of the resources and literature 4.0 DEVELOPMENT OF RESEARCH 4.1 Developments of ongoing research 5.0 METHODOLOGY 5.1 The research methodology 5.2 The choice of methodology 6.0 FEASIBILITY AND LIMITATIONS 6.1 An analysis of the feasibility of the research proposal 6.2 The research development timetable 7.0 ETHICAL ISSUES 7.1 A discussion of ethical issues 8.0 SUMMARY 8.1 Conclusion 9.0 BIBLIOGRAPHY 9.1 Books 9.2 Websites 9.3 Legislation 9.4 Reading List 9.5 Other Sources .0 INTRODUCTION .1 Research outline 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 spouses. Furthermore, it will explore legislation that is currently in place to impose
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,
Succession rights on intestacy of a cohabiting couple: A comparison between Scots law and New Zealand law
"Intestate Succession Rights of Cohabiting Couples" Students must identify what succession rights on intestacy a surviving member of a cohabiting couple has in both Scots law and the law of ONE other jurisdiction. The assignment should be no more than 1500 words, presented in two parts: Part A, dealing with methods of research used by the student, listing the materials found (and where and how found); Part B presenting a comparison between Scots law and the law of any other legal system (except English law). Part A: Research Methods In order to begin the assignment, it was firstly important to establish which jurisdiction was going to be studied in order to perform a comparison. This required some general research, which was carried out online through the search engines Yahoo1, Google2 and Lycos3. A basic search of the online legal resource Westlaw4 was also performed and provided a number of interesting articles on various jurisdictions. Initially the legal system of France was appealing, however finding information proved to be difficult as it was primarily French sources. Subsequently New Zealand was chosen: it seemed that the legal position of Scotland emulated that of New Zealand on a number of issues, and it was often the basis of guidance when considering reform. Scotland Before further research on the law of New Zealand, it was essential that the