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
What lessons can be learnt from the existing law of divorce which may be helpful in reforming this area of law?
What lessons can be learnt from the existing law of divorce which may be helpful in reforming this area of law? Introduction "Divorce is probably of nearly the same date as marriage. I believe, however, that marriage is some weeks the more ancient."1 With its history spanning back to Biblical scriptures2 this essay will first look at the current aims and legislation on divorce followed by its practical application. It will then look at criticisms of the current law plus recent attempts at reform, followed by a comparison of the law in other jurisdictions in order to identify lessons and areas of reform. Aims of divorce law The law commission 'family law: a ground for divorce'3, stated that the role of divorce law was to be "The support of marriages which have a chance of survival ... the decent burial with the minimum of embarrassment, humiliation and bitterness of those that are indubitably dead."4 They wished to create "a 'good' divorce law."5 Social changes The question therefore is what is sparking these calls for reform, "any historian who claims that either the law has always shaped marital practises or that marital practices have always shaped the law, or that the causes of change were at bottom either legal, or economic and social, or cultural and moral, or intellectual, is offering a simplistic solution which is unsupported by the evidence. History is messier
Compare the use of surrogacy with the institution of adoption. How well is adoption suited to present society?
Compare the use of surrogacy with the institution of adoption. How well is adoption suited to present society? Legal parenthood is not a 'static' concept; it may be transferred from one person to another where required; there exist methods for the acquisition or transfer of parental status from one individual/set of individuals to another. Adoption is a familiar example; it is the legal process whereby a court irrevocably extinguishes the legal ties between a child and the natural parents or guardians and creates analogous ties between the child and the adopters who then acquire parental responsibility of the child to the exclusion of all others. As Cooke, notes Surrogacy is another 'strategy.' Broadly speaking, surrogacy involves an undertaking by a woman (the surrogate mother) to bear a child for another person or couple, the latter proposing to undertake care of the child following birth. Two types of surrogacy may be differentiated. On the one hand, there is 'full' surrogacy in which the surrogate mother has no genetic relationship with the child; in vitro fertilisation and embryo transfer allow the surrogate mother to carry a child which is derived from the sperm and egg of the commissioning parents. In the case of 'partial' surrogacy, on the other hand, the surrogate mother is genetically related to the child; she usually conceives following insemination of the
Infidelity is a complex phenomenon, which may or may not be related to divorce. Discuss.
"I certify that all material in this assignment which is not my own work has been identified and properly attributed." Signed.................................. Infidelity is a complex phenomenon, which may or may not be related to divorce. Discuss. The relationship between infidelity and divorce is undeniable, with nearly a quarter of all divorces directly related to it (Fincham 2003). However, the extent to which infidelity contributes to the origins of marital breakdown that finalise in divorce is a much more complex notion to address. There is no single factor that has been identified that results in divorce- only an amalgamation of reasons that contribute to an overall sense of marital breakdown failure (Clarke and Berrington 1999; Glezer 1994; Kurdek 1993; Karney and Bradbury 1995; Ono 1998; Olson and Larson 1989; White 1990). Therefore infidelity alone cannot be singled out as a reason that consistently leads to divorce. There are as many complex reasons for infidelity as there are for divorce but they do not necessarily mirror one another. Monogamy is something most people say they believe in and want for themselves. Every survey ever done on this question shows a high percentage of people think monogamy is important to marriage and that affairs are wrong. But a belief in monogamy as an ideal doesn't prevent large numbers of people from having extramarital affairs.
Changes in Patterns of Marriages and Divorce may Reflect Changing Views of the Place of Marriage in Society. There seems to be A Growing Acceptance that Marriage is no longer necessary for couples
SARAH Changes in Patterns of Marriages and Divorce may Reflect Changing Views of the Place of Marriage in Society. There seems to be A Growing Acceptance that Marriage is no longer necessary for couples to produce children or engage in long-term Relationships. Discuss this argument supporting your views with Statistical evidence and the finding of named, identified and dated sociological evidence and explain that do we find Families in every country in the World? A family is defined as a distinct group in society whose members are related to each other by ties of either blood or relation relation, and who support each other economically and emotionally. The family has often been regarded as the cornerstone of the society. A family is best described as a group of people most often consisting of adults and their offspring, living with or near each other. To help us to understand it and describe it more deeply the changes in Marriage and family pattern it is useful to look at family forms. These forms are extended, nuclear, lone parent and reconstituted .In old age before industrialization it was common that families of parents, children and their spouses often lived close to each other and had a frequent contact. If they were not living together then they were living on the same avenue, they had longer expectancies and stable Marriages but now things have totally changed. In
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
Same-Sex Couples: Marriage, Rights and Children Name Utilizing Information in College Writing Instructor's Name February 13, 2005 The two simple words 'I do' have the power to change lives in an instant. For most people, the phrase conjures up images of a man and a woman being joined in marriage. But for gays and lesbians, having the chance to legally say, "I do" is a far-off dream, not a reality. A marriage is an institution between one man and one woman. Currently in the United States there has been much debate over the controversy surrounding the legalization of same-sex marriages. There are may people who are opposed and feel it is morally and ethically wrong and others who feel that same-sex marriages are acceptable. A 1998 Gallup poll revealed that the majority of Americans (59%) believe that homosexuality is morally wrong (Newport 1998). According to a recent Gallup Poll, 61% of Americans do not support gay marriage. Also, 50% of Americans would favor a Constitutional ban on Gay Marriage. It is interesting to note that 54% would favor some form of civil union, though. 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
![Discuss the Children Act's Welfare Principle. Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement the childs welfare shall be the courts paramount consideration. [1] This prin](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/937090/listing/937090_1.jpg)
Discuss the Children Act's Welfare Principle. Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement the childs welfare shall be the courts paramount consideration. [1] This prin
Section 1 of the Children Act 1989 added substantial weight upon child welfare through the statement "the child's welfare shall be the court's paramount consideration." 1 This principle is applicable where the upbringing of a child and the administration of the child's property are in question. Lord Macdermott gave the following analysis of the welfare principle: "...A process whereby, when all the relevant facts, relationships, claims and wishes of parents, risks, choices and other circumstances are taken into account and weighed, the course to be followed will be that which is most in the interests of the child's welfare as that term has now to be understood."2 Many interpretations can be made of the welfare principle, and at this moment in time, judges have a substantial amount of discretion in the area, which is arguably its main strength. However, because of its "extreme indeterminacy", 3there have been countless criticisms, substantial debate, and as John Eeekelaar states, "it has been subjected to critical scrutiny." 4 The main criticisms of the Children Act's welfare principle will be thoroughly discussed in this paper. Since the implementation of the welfare principle in the Children Act, criticisms immediately became apparent. The DFES and DCA conducted the "Care Proceedings System Review", 5which concluded that for the courts to make correct assessments of a
Family Law Act 1996 and Family Mediation
LEYLA HASSAN Family Law Act 1996 and Family Mediation ALTERNATIVE DISPUTE RESOLUTION PART 1 Family Law Act 1996 The Family Law Act 1996 has four parts and ten schedules. Part I sets out the principles underlying parts II and III of the Act. Part II deals with divorce and separation. Part III deals with legal aid for mediation and the relationship between it and the provision of conventional legal services. Part IV deals with occupation of the family home and domestic violence. Parts I and III of the Act came into force on 21 March 1997, however part III was repealed by the Access to Justice Act 1999 and the provisions governing the way in which public funding for mediation and related legal advice is available are now to be found in the Community Legal Service Scheme. Objectives for Reform The former government stated that it had a number of objectives reforming the law of divorce and these included support for marriage, offering practical steps to avoid breakdown, ensuring the parties understand fully the implications of divorce and, where divorce is inevitable, minimising the bitterness and hostility between the parties and reducing the trauma for children. Part I: General principles underlying Parts II and III: As with the Children Act 1989 the 1996 Act begins with a statement of general principles, which set out the philosophy of the legislation and apply to Part
Child Contact
The issue of parent-child contact following divorce is the subject of much discussion perhaps because it remains a source of conflict for many parents. While children need to enjoy contact, parent's right cannot be disregarded and courts shall decide in order to promote child's welfare. When the court deals with contact cases, court has to consider the resident, non-resident and the child's rights. The courts need to balance the contact parent's rights if the court refused to grant the contact order to contact parent. Therefore, the ways the court balance the parent's rights need to be examined. The child's best interests are of paramount consideration and the court will attempt to promote it. The law relating to child contact is set out in the Children Act (CA) 1989. The court may under s.8 of the CA 19891 make a contact order requiring the resident parent to allow contact with a person specified therein. This is usually the non-resident parent. Contact order can be defined as 'an order requiring 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 for that person and the child otherwise to have contact with each other'.2 As with all issues directly concerning the child's upbringing, the controlling principle in deciding the grant of contact order is the paramountcy of the child's welfare.3
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.
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. What it means to be a 'father' varies among different societies and cultures. Legal implications from this label of fatherhood arise in obligations towards children and rights of paternity. In Britain today, the mother and father of a child is generally perceived to be the parents because they had sexual intercourse and equally contributed to the biological make-up of the child -a principle now seen as invested in science, although this assertion appeared in British society even before it was justified by scientific fact1. The legal implications of this are that both biological parents can be seen to hold equal claim to the parenthood of a child2. In contrast the Nuer and Ashanti hold very different views on the role of 'fathers' in their society and what composes a father, thus highlighting the problematic assumption that 'biological' fathers should carry out a paternal function. 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