A Straightforward Guide to Family Law: A Concise by David Bryan

By David Bryan

A part of the easy courses sequence this consultant to kin legislations, Revised variation, is a transparent and concise consultant to all elements of the legislation because it impacts the family members, with adjustments within the legislations as much as 2006 coated in depth.

The e-book is meant for the layperson yet is usually utilised through the pro or the student.

The booklet contains the following:

* Decrees in relation to marriage
* The Civil Partnerships Act 2004
* Rights of occupation
* monetary provision for children
* household violence
* the connection among adults and children
* The solution of disputes
* defense of youngsters

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Sample text

Before the court grants the decree, it must be satisfied that arrangements have been made for the welfare of the children under the Matrimonial Causes Act 1973 s 41. If it is not satisfied it will delay the decree absolute. Divorce-The Ground For Divorce The Matrimonial Causes Act 1973 governs all matters relating to divorce. Section 1(1) of the Act states that there is one ground for divorce, that is that the person making an application for a divorce, known as the petitioner, must establish that the marriage has irretrievably broken down.

Civil partners will be treated the same as married couples in many areas, including: • Tax, including inheritance tax • Employment benefits • Most state and occupational pension benefits • Income related benefits, tax credits and child support • Maintenance for partner and children • Ability to apply for parental responsibility for a civil partners child • Inheritance of a tenancy agreement • Recognition under intestacy rules • Access to fatal accidents compensation • Protection from domestic violence • Recognition for immigration and nationality purposes The registration of a civil partnership Two people may register a civil partnership provided they are of the same sex, not already in a civil partnership or legally married, not closely related and both over 16 although consent of a parent or guardian must be obtained if either of them are under 18.

More significantly, on divorce there is the power in the courts to redistribute the property of the couple and to order periodical payments. At the end of cohabitation the only orders available for partner support are declarations as to who owns the couple’s home. On cohabitation the court can declare ownership but cannot change it. For wealthy couples on divorce, many millions of pounds can change hands (Charman v Charman (2007) EWCA Civ 503) while on cohabitation the most the court could do would be to order the sale of the house and division of the proceeds (Stack v Dowden (2007) UKHL 17).

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