![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[1]. There have been many attempts and various consultations to change and r](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/894982/listing/894982_1.jpg)
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[1]. There have been many attempts and various consultations to change and r
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 unfair1. There have been many attempts and various consultations to change and reform the law on property and financial provision when cohabiting couples separate to provide them with more rights and to put them in the same position as those following divorce or dissolution. The increase in cohabitation instigates the necessity an appropriate and timely response from the law to regulate this new tradition. Nevertheless, the government has acknowledged the insufficiency of the current Law; therefore the Law Commission has conducted research over a two year period that culminated in a report published in 2007. The report sets out numerous issues the legislators face in regard to cohabitation and suggests for a possible reform. This assignment will be discussing whether reform is really necessarily the only possible solution in place separating cohabiting couples in the same position as those following divorce or dissolution. The Family Law Act 19962 has defined 'Cohabitation' as "a man and woman who, even though never married, are living together as husband and wife". This definition is however limited, as it lacks acknowledgment of different types of cohabiting couples (e.g. same-sex couples). There is an
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?
Under s.8 of the Children Act 1989 the court may make a contact order requiring the resident parent to allow contact with a person specified therein. This is usually the non-resident parent. A breach of such an order constitutes contempt of court and may be sanctioned through a fine or imprisonment of the resident parent.1 Alternatively, in some cases, residence of the child may be transferred to the other parent. There has been much dissatisfaction with the previous law. There has been criticism of the use of imprisonment, branding it as a sanction which may be detrimental to the child's welfare2 and thus in conflict with the paramountcy principle. Another criticism of the sanctions is that they are hardly used and, therefore, ineffective.3 As a result the Children and Adoption Act 2006 amended the Children Act 1989 to introduce two new sanctions. Section 11J introduces the sanction of unpaid work where the court is satisfied, beyond all reasonable doubt, that a breach has occurred and that there is no 'reasonable excuse' for the breach. 4 Moreover, s11O introduces financial compensation for loss caused by the breach, such as the cost of a missed holiday. Contact activity directions and conditions has also be introduced (ss. 11A-G) with the aim to facilitate child contact, by providing the courts with "more flexible powers". These include parenting classes and other
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
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
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 opposing arguments against these justifications. The nature of the distinction between marriage and civil partnerships is based upon legislation. The Civil Partnership Act (CPA) is nearly identical to the Matrimonial Causes Act (MCA) despite a few missing statutory provisions. Firstly both Acts allow couples to create permanent legally recognised relationships. However the institution of marriage is solely open to opposite-sex couples1 while civil partnerships are solely open to same-sex couples2. Civil partnerships cannot be dissolved on the same grounds as marriages; where a marriage can be dissolved based upon adultery3 this provision is not available to civil partners, alternatively a civil partnership can be dissolved based upon inappropriate behaviour.4 Similarly 'non consummation' as a ground for dissolution is not available to civil partners under the CPA 2004 as it is for married couples under the MCA 1973. There basically is no mention of sex5 throughout the entire CPA 2004. Despite the above differences civil partnerships are practically identical to marriage. As demonstrated by Barker; "The 2004 Act provides that
Establishing linkage between his, ade, leu and lys genes in Saccharomyces cervisiae through random spore analysis
Establishing linkage between his, ade, leu and lys genes in Saccharomyces cervisiae through random spore analysis Abstract Genes are located within chromosomes, which can either come in haploid or diploid form. When certain genes are on the same chromosome, they are considered linked, and this can then be used to create a linkage map which shows the genes in their relative distances to each other. In haploid Saccharomyces cerevisiae this can be observed by carrying out random spore analysis and a subsequent chi-squared test, and comparing the recombinant frequency and the chi-squared value against a critical chi-squared value to determine if the gene pair is linked or not. The gene pairs his/leu, his/lys and leu/lys were found to be linked, while his/ade, ade/leu and ade/lys were either not linked or too far apart on the same chromosome to behave like it was linked. This tool is useful in identifying the linked genes on a chromosome and their roles in development in higher organisms. Introduction Genes are contained in chromosomes, which can sometimes hold thousands of genes. Those on the same chromosome would be considered linked because of the fact that inheritance occurs through genetic crosses. Independent assortment deals with the issue of combinations of chromosomes during meiosis, which will be referred to as recombination throughout this report. The aim of this
ADR-Mediation and Arbitration
Name: Nicole Gaudet Degree Title and University: GDL/University of Westminster Coursework Title: Final Project/ADR and Mediation/Arbitration Date: 13 April 2009 Student Number: 12028429 Tutor and Course Director: Ms. Patricia Bearcroft Lord Wolfe's 1986 report, "Access to Justice" identified the need for a fair, speedy and proportionate need to resolve legal disputes. These principles which are at the core of the Civil Procedure Rules laid the foundation for the implementation of Alternative Dispute Resolution in the United Kingdom in April 1999. The CPR introduced references to ADR in rules of court and introduced pre-action means of settlement before court proceedings were issued. 1 Lord Wolfe quoted "The results show that the opposing sides do have a common interest in the creation of an accessible and affordable civil justice system. Tactical delays and the withholding of information benefit no-one - they are not in the interests of justice. I am particularly concerned about the level of public expenditure on litigation, especially in medical negligence and housing. Substantial amounts of public money which are now absorbed in legal costs could be better spent on enhanced medical care and on improving standards of public housing." The purpose of the inquiry was to improve access to justice and reduce the cost of litigation; reduce the complexity of the rules
"Examine the presentations of Keith Hayward in chapters 1-4. How important is he to the early stages of the novel, Spies?"
"Examine the presentations of Keith Hayward in chapters 1-4. How important is he to the early stages of the novel?" It would be easy to accept that Keith's personality dominates the first four chapters. He is established by Stephen as a hero and also as a personification of the perfect family. Keith's over active imagination creates different worlds. In order to understand the presentation of Keith in the first four chapters, I have divided this piece of work into three areas; firstly where Keith is seen as a hero, secondly Keith's over active imagination and finally Keith as a representative of the perfect family. Frayn seeks to establish Keith as a hero by demonstrating that he is essentially perfect. On page 11, paragraph 2, Frayn explains that the boys have belts which are colour-coded for ease of reference, "yellow and black are the colours of the right school......green and black are the colours of the wrong school." Stephen expands his good fortune and explains in the following paragraph the difference between himself and Keith. Stephen accepted that Keith was "the officer corps in our two-man army. I was the other ranks - and grateful to be so." Frayn uses the words "officer" and "other ranks" to emphasise the difference between Stephen and Keith. The word "officer" clearly implies a superior person whereas "other ranks" suggests inferiority. The admiration in
Marriage in family law
The Law fails to reflect and recognise the contemporary family Discuss Introduction This essay shall seek to examine whether the current law fails to reflect the twenty first century modern, contemporary family. It will draw upon recent developments in the law that have go so far to bridge the gap between what was once seen as the family and what is now seen as the family. I shall examine recent legislation such as the Civil Partnership Act 20041 which for the first time in English history allowed homosexual couples to become legally entitled to manly of the legal rights offered to married couples, and assess whether the CPA 2004 has enabled the contemporary view to come in line with the law. Social trends have changed over time and we now see an increase in the amount of people cohabitating. This social trend is set to continue and the rights of cohabitants will be a focal point in this essay, lastly I shall look at the adoption laws that regulate adoption and assess whether the law surrounding adoption is also in line with the contemporary view of the family. Historically, the family was deemed to be confined to husband, wife and children2 and therefore the focus of this type of family unit could be limited by way of marriage because marriage gives both husband and wife rights and obligations. Even though marriage still plays an important part in the lives of ordinary
Child law
Discuss the current position of the access of children to the court in family proceedings. Evaluate the ways in which the views of children are considered in proceedings. How efficient do you think out current system is in ensuring that children are represented adequately in family proceedings and has the Human Rights Act 1998 made any difference? Evidence your answer with statute, case law and other commentary. There are three ways in which a child may have direct involvement in the access to court in family proceedings. These include the child bringing proceedings through a solicitor through their own right, the child's 'next friend' normally one of their parents, who can bring the proceedings on the child's behalf, and the child's interests can be represented by a Guardian ad Litem.1 The current position of the access of children to the court characteristically via the Children's Guardian, usually an officer of CAFCASS (the Children and Family Court Advisory and Support Service). The Children's Guardian has a number of important functions in carrying out investigations as well as advising and influentially reporting to the court about incidents involving the child as a means of communication or access between the court and the child. Within the influential report written by the Children's Guardian, there are a set of results, which outline what is best for the child.
Gay Marriages
Anna Korsunsky Gay Marriages An issue that has caused great controversy is gay marriage. The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews and one of the most explosive political questions facing lawmakers. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, and families are enormous. The issue of gay marriages has become a controversy concerning morals and ethics (Hughes 1). Homosexuals want to have the same rights to marry their partners as heterosexuals. They want the same privileges, but the government has denied those privileges. The history of marriage has focused solely on the uniting of heterosexual couples. However, in today's society the meaning of what a couple is has evolved to not only heterosexual couples but also homosexual couples. Since the 17th century, homosexuality has been the main target of discriminatory laws, public policies, social customs, and cultural beliefs. This hostility towards homosexuals has made homosexual behavior hidden. By the 1970's gays and lesbians increased their efforts to improve their social