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An Introduction to Family Law in the United Kingdom - Assignment Example

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The objective of the present assignment is to discuss several aspects of marriage and family law in the UK. Furthermore, the assignment "An Introduction to Family Law in the United Kingdom" discusses the significance of the original Child Act along with its further adaptations…
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An Introduction to Family Law in the United Kingdom
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Download file to see previous pages When complete judicial separation is not advisable and where children may need continued maintenance the Courts have resorted to Mesher orders in property settlement as set out in the case of Mesher v Mesher, where the wife as the custodial parent is allowed to remain in the home until the children reach the age of 184 and receive periodic payments from the father to look after the children. Alternatively, the payments continue till her death, remarriage or cohabitation with another man. These constitute once and for all maintenance orders that hold good until children reach 18 years of age.
The advantage with this system is that provision is made for the child with a primary caretaking parent, however, the disadvantage is that there has been a gender bias in favor of women for periodic maintenance payments since Mesher orders cannot be varied. Moreover, as Douglas points out, such maintenance payments have been increasingly transferred into tangible assets, providing further advantages for the wife, although there have been cases where possession of the matrimonial home has meant that maintenance payments are reduced or extinguished.
According to the Children Act of 199, it is generally the father as the earning parent who is responsible for paying maintenance to his wife for looking after the children. In one instance, the tendency of the Courts to allow maintenance payments prompted a woman to try to get her husband murdered for higher maintenance. In the case of children who are placed in the care of a local authority, it is the responsibility of the local authority to maintain the child. When shared residence orders have been issued, maintenance is to be generally paid by the parent to whom the residence has been given.
Under Section 4 of the Children Act of 1989, a man may become the stepfather of a child who is not of his own blood if he is duly registered as a parent, through a specific agreement between the child’s mother and himself, allowing him the right to have parental responsibility for the child.  ...Download file to see next pages Read More
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