Nobody downloaded yet

Family Law - Essay Example

Comments (0) Cite this document
Summary
Family Law Question 1 Cheryl Murdock Address Date Dear Mrs. Murdock, RE: Divorce and Ancillary/Interim Relief and Custody/Maintenance Matters Pursuant to your instructions we have reviewed the relevant facts, circumstances and the relevant law. We would advise that in the interest of time, cost and efficiency that your divorce should as far as possible, proceed on the less contentious grounds and that all efforts should be made to settle the ancillary matters prior to seeking a decree absolute…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.4% of users find it useful
Family Law
Read TextPreview

Extract of sample "Family Law"

Download file to see previous pages The only ground for divorce is the irretrievable breakdown of the marriage which must be proven by at least one of five facts.2 Adultery is one of the five facts capable of proving that the marriage has irretrievably broken down.3 However, using adultery to substantiate that the marriage has irretrievably broken down may be problematic for two specific reasons. First, the allegation that Mr. Murdock has been engaged in several adulterous relationships in the past with the last one ending at least 8 months previously is statute barred. Pursuant to Section 2(1) of the Matrimonial Causes Act 1973, a party is not entitled to plead adultery, if having found out about the adultery, the party seeking to rely on adultery continued to live with the other party for at least 6 months.4 Thus, if Mr. Murdock wanted to rely on your adultery with his son Stuart from several years earlier, he would be time barred since he continued to live with you for more than six months after learning of the affair. However, the court may disregard this fact if the adultery is such that the petitioner finds living with the respondent intolerable. Or the adultery may be pleaded as evidence of the breakdown of the marriage or as evidence that the marriage has irretrievably broken down.5 The fact that the adultery has been ongoing for a number of years and the respondent is believed to be currently conducting a sexual affair with his office manager may be sufficient for proving that the pervious adulterous relations are statute barred, are nonetheless intolerable. Even so, the alleged current adulterous relationship can constitute a second fact capable of supporting the ground of the irretrievable breakdown of the marriage. The problem with pleading adultery is that the courts require proof of the adultery. The standard is based on the civil standard which requires evidence showing that on a balance of probabilities, the respondent has committed adultery. Thus, an admission of adultery by the respondent would be sufficient proof.6 At this point, Mr. Murdock has neither admitted or denied the adultery with his office manager, but simply stated that it was none of your business. He may however decide to admit to adultery since he states that he no longer wants to remain married to you. Aside from adultery, there appears to be sufficient evidence of behaviour pursuant to Section 1(2)(b) of the Matrimonial Causes Act 1973. Section 1(2)(b) provides that the breakdown of a marriage can be proved if the court is satisfied that: The respondent behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.7 This section has been interpreted to mean that it is not so much the respondent’s behaviour that concerns the court, but the petitioner’s feelings relative to living with the behaviour.8 Thus the fact that you have suffered depression since giving birth to Jack, the first child of the marriage, suggest that you might find living with the physical and verbal abuse intolerable and thus provide ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Family Law Essay Example | Topics and Well Written Essays - 4000 words”, n.d.)
Retrieved from https://studentshare.org/law/1392899-client-practice
(Family Law Essay Example | Topics and Well Written Essays - 4000 Words)
https://studentshare.org/law/1392899-client-practice.
“Family Law Essay Example | Topics and Well Written Essays - 4000 Words”, n.d. https://studentshare.org/law/1392899-client-practice.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Family Law

Family Law

...? Family Law July 30, Family Law focuses on the children’s and the spouse’s welfare. The research delves into the family law provisions on divorce. The research includes inheritance issues. Family Law guides family reconciliation issues. QUESTION ONE: Legal position in this case. Alan is correct. The shared residence order states that both parents have equal rights for their children. Alan has the right to have his children live with him equally with his wife’s right for the children to live with her. U.K.’s family section 8(1) of the Children Act 1989 states that the...
12 Pages(3000 words)Essay

Family Law

...243. An issue arises when the individual possessing the CPA license is an employee of a firm and not the owner or partner. In that situation the prospective earnings are valued as are any other wages. The professional license itself would not have separate value. However, if the license was acquired during the marriage to the other partner’s detriment, the court would likely seek to equalize the benefit accrued to the licensed partner. The court has adopted the rules pertaining to the dissolution of business partnership to apply to the division and distribution of property in divorce cases. See Gussin v. Gussin, 73 Haw. 470, 483–84, 836 P.2d 484, 481 (1992). “Under general partnership law, each partner is entitled to be...
2 Pages(500 words)Essay

Family Law

...?Family Law Introduction It is would be a tragedy both to a family and the child in an instance where a child is removed from a parent basing on a wrong allegation or finding. Likewise, no less a tragedy result, if a child is not removed from a parent and then suffers serious harm or even death. In an effort to strike a balance in child protection, the interpretation of jurisprudence in section 31 of the 1989 children Act has ensued a number of attempts by the courts to make viable interpretations for purposes of child protection in a approach that is compatible with human right principles as well as the rule of law that informed the drafting of the statute1. A case in...
10 Pages(2500 words)Essay

Family Law

...and procedures towards achieving a fair outcome for the parties. Ancillary Relief – Overview of Law and Changes Ancillary relief – the apportioning of financial assets and income of the parties to the marriage– remains one of the major issues to be resolved on divorce. The basic law and judicial considerations for ancillary relief are contained in Part II of the Matrimonial Causes Act (MCA) 1973, amended by the Matrimonial and Family Proceedings Act 1984 imposing a ‘clean break’ obligation on the courts. Statutory improvements have been impacted the provisions, a review of which shall be endeavoured. Statutory Provisions The 1973 Act provided courts with the power award maintenance...
10 Pages(2500 words)Essay

Family law

...of children. Bibliography * Government report titled: “Parental Separation; Childrens Needs and Parents Responsibilities” (2004) CM6273 * Mitchell, John DJ, 2004. “Benchmarks: homing in on shared residence” Law Society Gazette, 101.38(30) * News Report (2005). Bob Geldorf now at the forefront of the campaign for father’s rights. Family Justice. The Independent. [Online] Available at: http://www.parents4protest.co.uk/_private/independent_news_geldof_electoral_battleground.htm * Rivers, Jill, 2006. “Legal update: Family LawLaw Society gazette, 103.12(27) Legislation: * Children Act of 1989 (c.41) [Online]...
6 Pages(1500 words)Essay

FAMILY LAW

...this clarifies things for you and I await your instructions in the matter. Thanking you, Solicitor. Bibliography Douglas, Gillian, 2005 “Introduction to Family Law”(2nd edn) Oxford University Press Herring, Jonathan, 2004. “Family Law” Longman http://www.lawpack.co.uk/who_gets_the_children.asp Legislation cited: Births and deaths registration Act of 1953 Children Act of 1989 Child Support Act of 1991 Family Law Act of 1956 Family Law Act of 1995 Family Law (Divorce) Act of 1996 Matrimonial Causes Act of 1973 Cases cited: Browne v Pritchard (1975) 3 All ER...
10 Pages(2500 words)Essay

FAMILY LAW

...of the of the of the Domestic Violence Domestic violence is defined as coercive behaviour, in which one person abuses another physically, sexually and psychologically, in order to obtain control. Such abuse transpires in the family home, with the occasional involvement of the children1. These offenders could be family members, roommates or partners. In criminal law it is viewed as an act of knowingly causing or attempting to cause or threatening to cause physical harm to a person, who may be a family member or roommate or a household member2. In the United Kingdom, the spectre of domestic violence is addressed by the Family Law Act....
10 Pages(2500 words)Essay

FAMILY LAW

... of safety but domestic violence occurs behind closed doors. Violence is a clear breach of the person and the security of women4. Although there is substantial evidence recognised at institutional level, regarding the psychological effects caused by domestic abuse; the criminal law in England and Wales intentionally ignored this fact, while including the same within the category of assaults. Domestic violence should be treated as a criminal offence based on gender power. The responses of the legislation towards domestic violence fortify the traditional acceptance of society as being male dominated. The concept of family is that both the husband and wife are equal in all respects. This concept is being ignored by the laws... that if there is...
10 Pages(2500 words)Essay

Family Law

...1989 re-defined child care law by introducing new measures for working with children and families in both public and private family law2. Generally speaking, the CA embodies a fresh approach to working with and for children and under section 8 of the CA, the court can make four types of order within family proceedings in respect of the child’s welfare, with the main provisions being a residence and contact order. Section 8 of the CA replaces the previous custody orders with contact orders and the new system of private ordering was intended to promote and continue parental responsibility post divorce with minimum interference by the court3. Moreover, in the...
14 Pages(3500 words)Essay

Family law

...Divorce and Annulment By law, divorce or annulment can be acquired by either party to a marriage can be granted if it is proved that the grounds for divorce or annulment are satisfied. In this paper, the grounds for either divorce or annulment are provided for the marriage between Tabitha and Mickey. From the facts of the case, it is evident that Tabitha was previously named Tobias and was a male, but acquired a sex- reassignment and changed names to Tobias. Consequently, Mickey begged Tabitha to marry him as a means of avoiding a planned expedition to the Arctic Pole by his parents. Tabitha agreed to the marriage, but Mickey could not consummate the marriage because of Tabitha’s sex change. Consequently, the couple...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Family Law for FREE!

Contact Us