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FAMILY LAW Name of Institution Date Family Law Q1: Advising Sue and the possible legal action regarding Barry’s Continuous Assault and Abuse The marriage between Barry and Sue is occasioned by domestic violence whereby Barry is regularly violent to Sue…
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Coursework on Family Law
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Download file to see previous pages Sue can no longer tolerate such extreme levels of violence and wants Barry out of the rented flat. However, Barry is registered disabled after suffering a back injury a few years ago. His mobility is limited and the flat has been adapted to suit his needs; the couple were given a ground flat because Barry finds it difficult to climb stairs. Therefore, any legal advice to Sue in regard to her intention to have Barry out of the flat should consider the following; the couple are married or in civil partnership, they live in a rented flat (they do not own a home), the marriage is characterized by domestic violence, and Barry is a registered disabled. As such, Sue has several options regarding her attempt to have Barry out of the flat. However, there are some legal provisions that make this intention difficult to execute. Sue cannot have Barry out of the flat because they are married and as long as the status of marriage has not changed both partners have rights to occupy matrimonial or civil partnership dwelling- house. This right is granted under the Family Law Act 1996: Rights to occupy matrimonial or civil partnership home (section 31) (The National Archives, 2011). ...
Legal actions against Barry can lead to two possible outcomes; Barry will be charged for domestic violence and may be fined or imprisoned, or both, and secondly, the court may grant a divorce if it establishes that Barry behaved so badly and the couple cannot reasonably be expected to live together any longer as decided in Yemshaw v London Borough of Hounslow.3 In the first scenario, she would have had Barry out thanks to imprisonment; in an event Barry is fined, he may have learned his lessons and stop drinking heavily hence not causing harm to his wife. Besides, Sue has another option which is out- of- court alternative; she can take Barry to rehabilitation centre or to counselling specialist to help him reduce or stop heavy drinking thus restoring normalcy in marriage, because apparently the violence is caused by Barry’s heavy drinking behaviour. Lastly, considering that Barry is registered disabled, having him out of the flat that has been adapted to suit his needs may prove inappropriate regardless of his wrongdoings. This is because the Disability and the Equality Act 2010 requires that the interests of the registered disabled be given utmost priority especially by the carer such as spouse or parent.4 It is therefore appropriate that Sue considers all these aspects and exhaust out-of-court options such as seeking counselling and rehabilitation services before resorting to court. Q2: Civil Partnership Act 2004 and its Implications on Same Sex Marriages The Civil Partnership Act 2004 is an Act that governs Civil Partnership in the United Kingdom. Most provisions of the Act govern the new responsibilities and rights conferred on couples of same sex and who are registered as ...Download file to see next pagesRead More
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