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Family Law - Final Proposal - Essay Example

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1. Taking account of the deficiencies of the present law of divorce, and the failure of the divorce law reforms attempted in the Family Law Act 1996, outline a divorce regime suitable for England in the 21st century, giving reasons to justify your proposals.
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Family Law - Final Proposal
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Download file to see previous pages Recently, the Family Law Act, 1996 is a plus to this development of personal law in Britain, particularly in the field of divorce. The Family Law Act, 1996 enacted in Britain with a view to give effect in matters relating to divorce represents some issues that deserve proper explanation. So, reasonably, in this regard the issues to be explained may be stated in this study:
The Purpose of the present study is mainly centred on some specific issues. The Researcher intends to make a thorough study over the deficiencies reflected in the present law of divorce; divorce law reforms attempted in the Family Law Act, 1996. By this effort, the Researcher aims at exploring the defects posed in the present divorce legislation. Consequently, the Researcher would be very much capable to keenly single out the impediments in effectively implementing the divorce law of England. Pertinently, the Researcher would be able to recommend some eclectic and viable suggestions and guidelines that would ensure a paradigm-breaking change in the current divorce legislation in England. As a result, it would make the avenue in introducing a new divorce regime in England that is very much fit to adjust with the changing circumstances in 21st century in England.
With the emergence of urbanization and process of development human life has become complex. People are being riddled with multifarious complicacies. For this, social disorganization has been the common phenomenon that is severely causing the normal upgrowing of balanced human conduct. As our interest is mainly attributed to divorce legislation, proper clarification i.e. specifying and defining the terms Divorce and Divorce Proceedings is essential. Divorce means dissolving the marital relationship. So, divorce proceeding imply the proceeding that is undertaken with a view to dissolve the marital relationship or end the conjugal ties. The growth in lone parent families, the prevalence of divorce and remarriage, and alternative ways of managing intimate relationships (such as cohabitation and 'living apart together') have eroded the normative purchase of marriage and the nuclear family (Dey & Wasoff, 2006).
It is needless to say that the consequences of family break-down are jeopardizing the social cohesion. Frustration and social disorder are causing serious effects on the human conduct and social regulation. In fact, the development of divorce law is a continuous effort since 1857. As an inseparable part of this undertaking, the relevant enactments are the Marriage Act, 1949 and the Matrimonial Causes Act, 1973 are of special mention. Recently, the enactment of the Family Law Act, 1996 is the way of root to this development. The provisions as set out in those statutes put emphasis on preserving the interests of both parties so that none can be affected. It also stresses on mediation, welfare of the children, provisions escaping the financial hardship of either parties. Though the recent enactment the Family Law Act, 1996 is considered as a significant enactment, it lacks certain shortcomings. As a result, the divorce reform attempts introduced in the said enactments has been proved futile and unfructuous that has been rigorously produced in our study.
4. CRITICAL ANALYSIS
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