Family Law - case study1 - Essay Example

Furthermore the marriage laws also state that if the marriage has been intimate (consummated) within a 6 month period during which a divorce is filed then the couple is required to wait 6 more months to a year before they can re-file for a divorce decree2. Furthermore the no-fault areas of the marriage, preceding a divorce have to be examined as well. Because John does not want a divorce and wants to work on the marriage then the court would look at the impact a divorce might have on him in particular.

However, as was stated, due to the policies surrounding the divorce laws in the UK and England in particular, there will be a great deal of counseling and other interventive measures utilized to try and save this marriage if indeed it were to proceed into the family courts. The primary reasoning for counseling is going to fall into the area of the courts expecting there to be clear and coherent mental competency to ensure that both of the individuals are aware of their actions and are fully understanding of what will take place within their lives after a divorce is granted3.

As the laws in cohabitation have changed drastically in the past few years, there are new stipulations in regards to couples who live together and often the same laws that govern marriage apply to cohabitating partners4. However, cohabitant partners are not wholly equal to married couples in all respects, not according to the English laws. For instance married couples do have the protection of marital law to assist them if there are problems that develop that have to do with property or a specific living situation where violence is occurring5.

However, following modern civil law, a cohabitating couple such as Jeremy and Claude can adopt a set of rules that ultimately divides the property between the two and of which is upheld in a court of law just as a married couple's property rights would be viewed. Therefore there is the possibility that Jeremy could have a legal way of forcing Claude to vacate the flat that they share but due to the fact that they don't have a legal civil partnership creates other types of problems besides not being married brings.

For instance, without a civil partnership there are no real legal grounds that an individual within a cohabitating relationship can rely on fully. This isn't to say that Jeremy would not have any legal protection at all but the point that is being made is that it would be further complicated by the fact that the two aren't married, there is violence in the relationship, and no civil partnership is in existence to refute any adverse statements or actions that might come into being6. The law is quite clear on one aspect of this domestic problem however, regardless of whether the couple is married or not.

Because of the fact that the flat is solely in Jeremy's name the law would stipulate that he could enforce the removal of Claude through a legal means without any adverse repercussions to himself. However, any joint property that remained in the flat would have to be legally divided according to any legal arrangement that Jeremy and Claude have in affect. If they have none (which without a civil p