Family Law: Breakdown Of Marriage - Case Study Example

marriage is based on commitment and within the UK it is a highly valued relationship between a couple.... There are many more options available than just giving up on the marriage and petitioning for a divorce.... As it is said, marriage is a two way street, not just one.... If it is found that a couple are still living as husband and wife 6 months after an adulterous affair has been uncovered then, by UK law, their relationship will more than likely not receive a decree of divorce....

Historically, family law either imposed a prohibition on divorce or adopted a faulty approach in which divorce is only permitted on specific and restricted grounds such as adultery and desertion.... This principle has been implemented in Florida's Marriage Preparation and Preservation Act of 1998 which will be discussed after outlining and evaluating both Louisiana's covenant marriage legislation and the English family law Act in greater detail.... In an attempt to minimize unnecessary hostility, the family law Act places stress on the role of mediation rather than litigation in resolving disputes over asset division and child custody....

These difficulties will follow the child through their life and result in alienation and very little faith in the institution of marriage.... They have come into the institution of marriage with uncertainty and leave it with the certainty of mistrust and betrayal.... I think stricter laws on divorce would help insure that the intent of marriage is not at the mercy of whimsical personal preferences.... marriage, traditionally an institution whose function was to protect the family, has come under assault by laws that have made divorce as easy as selling an automobile....

In light of the subsequent developments can this case… The changing dynamic the family nucleus coupled with socio-economic variances shaping property ownership can be problematic on the breakdown of a family relationship whether in the context of marriage or cohabitation.... From a family law perspective, the issue of rights to the family home have continued to be problematic and decisions in ancillary relief proceedings were addressed by the House of Lords' decision in White v White2....

Reference should be made to the fact that in 1996, through the introduction of the family law Act, the family law in Britain was reformed.... Moreover, Lord Chancellor noted that the family law Act of 1996 is not appropriately customized to current social and judicial needs and for this reason the MCA 1973 should continue in force.... At the next level, the evaluation of the potential applicability of the particular section can be developed… The Matrimonial Causes Act 1973 is an important legislative text in regard to the division of property in the context of a marital breakdown....

In order to find out whether the claim for financial support lodged by Brenda can succeed, it is important to find whether a valid marriage existed in the first place between Brenda and Adrian.... … For a marriage to be valid in the United Kingdom, it must be monogamous and carried out in accordance with the requirements of the marriage Acts 1949-1994 and a certificate issued thereof like in the case of Adrian and Brenda, an authorized minister of religion....

While some people view this as a sign of moral disruption with the likelihood of bringing down the family institution, others celebrate these trends saying they indicate increased individual liberty and the… This paper focuses on the effects of divorce, the losers and gainers in divorce, the consequences and interventions to halt divorce. Amato (2010) observes that about half of the marriages in the United States are likely to end up in divorce; a The same case is replicated in Europe where the rates of divorce have been on the increase in the recent decades and is expected to escalate even further in the coming years....

The very purpose of marriage, therefore, is for the reproduction of the human species and therefore, the crucial ingredient for fulfilling its goal is the presence of a man and a woman.... These issues are of lesser significance when compared to the consequences faced by children when the weakening of marriage vows are generally accepted as part of contemporary societies transformed social values.... In an article written by Colson and Morse entitled “Societal Suicide”, the authors supported traditional views that marriage is a solemn vow between heterosexual partners and that legalizing gay marriages would ultimately lead to a breakdown of the family and the increased incidents of crime....