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Chapter

Cover Family Law

1. Family Life and the Law  

Ruth Lamont

This chapter explores the nature of family life and the role of the law in family relationships to identify the particular challenges facing family lawyers. In particular, it considers how the law interacts with family life, how family relationships are identified in law, and what role the law plays in regulating family behaviour. The diversity and personalised experience of ‘family’ means that the role of the law in these processes is complex. There are two central issues facing family lawyers. First, the identification of a relationship as being one of ‘family’ for the purposes of the law is an important label, and may give rise to specific rights and obligations, even if the particular relationship bears no significance for the individual. Secondly, identifying the nature of the rights and obligations arising from a family relationship is central to determining the significance of the relationship.

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Cover Bromley's Family Law

1. Introduction  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This introductory chapter begins with a discussion of the nature and scope of family law, covering the meaning of ‘family’ and the functions of family law. It then describes trends in family law; the family justice system; and the internationalisation of family law.

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Cover Hayes & Williams' Family Law

3. Protection from domestic abuse and occupation of the family home  

This chapter considers the civil law remedies which are designed to protect a victim from domestic abuse. The two primary protective orders under Part IV of the Family Law Act (FLA) 1996 are the non-molestation order and the occupation order which can be applied for and obtained in conjunction with each other, or separately. The chapter discusses the fact that the occupation order can also be used to regulate occupation of the family home in non-violent situations when a dispute arises between family members about who is entitled to occupy the home, and on what basis.

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Cover Pearce & Stevens' Trusts and Equitable Obligations

15. Family homes: Postscript  

In this chapter, there is a recognition that the intervention of equity in the family home represents a pragmatic response to a real problem, but it is not a perfect solution. It considers some of a number of grounds of critique of the current approach, including attempts at legislative reform to provide a solution. It can be criticized on a number of grounds, quite apart from the issue as to whether it constitutes a usurpation of a legislative function. There is also a consideration of whether the approach we have now has moved away from traditional assertion of property principles to a sense of redistributive justice more familiar to family lawyers.

Chapter

Cover Borkowski's Law of Succession

9. Family Provision  

This chapter addresses family provision, with particular reference to the Supreme Court’s decision in Ilott v The Blue Cross. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain persons can apply for financial provision out of the deceased’s estate on the grounds that the deceased’s will or intestacy (or a combination of the two) does not make reasonable financial provision for the applicant. The persons entitled to apply are the deceased’s surviving spouse or civil partner, former spouses or civil partners who have not remarried or entered a subsequent civil partnership, children, children of the family, dependants, and cohabitants. The remainder of the chapter covers the powers of court to make orders; the ‘standards’ applicable to applicants and the ‘matters’ which the court must take into account in applications for an order under the 1975 Act; and anti-avoidance provisions of the 1975 Act.

Chapter

Cover Hayes & Williams' Family Law

11. Adoption and special guardianship  

This chapter examines the legal mechanisms by which children can be provided with long-term alternative secure family placements: the law on adoption and special guardianship. Topics discussed include: decision-making in relation to adoption; adoption agencies’ role in assessing suitable adoptions; rules relating to parental consent in adoption cases; placement for adoption; applications to adopt; post adoption contact; revocation of adoption; and special guardianship orders.

Chapter

Cover Hayes & Williams' Family Law

Property disputes when non-formalised relationships breakdown  

This chapter explores how the family finances are dealt with following the breakup between cohabitants in non-formal relationships. In particular, it considers property law disputes between cohabitants on relationship breakdown and the application of the law of trusts to determine the resolution of such disputes. As these are principles of general application which have not been designed specifically to deal with the financial consequences of relationship breakdown between cohabitants, the chapter highlights how they are generally regarded as inadequate to resolve family property disputes, producing unfair outcomes in certain situations.

Chapter

Cover Essential Cases: Land Law

National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in National Provincial Bank v Ainsworth [1965] AC 1175, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Borkowski's Textbook on Roman Law

5. The Roman Family  

This chapter is devoted to the Roman law of persons and family. As in modern legal studies, so in Roman law, it is the first branch of private law that students are taught, primarily in order to understand the concept of ‘legal personhood’. This chapter covers the paterfamilias (head of the household); marriage and divorce; adoption; and guardianship. The head of the household was the eldest living male ancestor of a specific family. He had in his power (potestas) all descendants traced through the male line (and also exercised forms of control over other members of the household). Roman law accorded the head of the household extensive legal entitlements, not only vis-à-vis the members of the household, but also its property. The motivation of this state of affairs lies in the recognition in Roman law of the family unit as legally significant entity.

Chapter

Cover Hayes & Williams' Family Law

A child’s parents: parentage, parenthood, and parental responsibility  

This chapter examines the law on legal parenthood (including establishing paternity) and the allocation, acquisition, nature and scope of parental responsibility. The law has had to address a number of questions in light of medical advances and social change. Who is a child’s mother when a woman gives birth to a child conceived as a result of egg donation by another woman? How is the law on surrogacy to be regulated? Can a female-to-male transsexual person become a child’s father via assisted conception (or indeed a mother if he gives birth)? Is a mother’s same-sex partner to be recognised as her child’s parent too? If so, in what sense? As this last question suggests, the law’s response is also complicated by the fact that the notion of ‘being a parent’ has several different facets.

Chapter

Cover Family Law

13. International Family Law  

Ruth Lamont

This chapter examines the legal framework governing family law with an international dimension. Given the migration of people and families between countries and legal systems, the management of family law disputes between these systems is an important issue. The chapter examines the sources of international family law, and how we connect people to particular legal systems to govern their dispute. It then considers the law in England and Wales on the recognition of marriage, jurisdiction over divorce, and disputes over children including international child abduction.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Family Law

1. Introduction to Family Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases, and challenges facing the family justice system.

Chapter

Cover Legal Ethics

15. Applying ethical theories  

This chapter explores the application of the principles discussed in the preceding chapters to specific cases. It imagines how four lawyers might respond to three different scenarios. The first is taken from criminal law. The other two are taken from commercial law and family law. The four lawyers represent different schools of thought on lawyers’ ethics. This gives readers the chance to think through how taking a different general ethical approach might impact on their response to a particular scenario. It also might help readers more clearly identify which broad ethical theory they support. It shows how ethical disputes can have considerable practical significance.

Chapter

Cover Family Law

3. Ending Relationships: Divorce and Separation  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.

Chapter

Cover Hayes & Williams' Family Law

2. The dissolution of adult relationships  

This chapter addresses the termination of adult relationships, in particular divorce, but also the dissolution of civil partnerships, and the termination of cohabitation. Beginning with a discussion of the history of law on divorce and recent divorce statistics, it goes on to cover the law of divorce under the Matrimonial Causes Act (MCA) 1973, criticisms of the current law and recent reform initiatives. It then considers other decrees under MCA 1973, dissolution of a civil partnership, and termination of unmarried relationships.

Chapter

Cover Legal Ethics

15. Applying ethical theories  

This chapter explores the application of the principles discussed in the preceding chapter to specific cases. It imagines how four lawyers might respond to three different scenarios. The first is taken from criminal law. The other two are taken from commercial law and family law. The four lawyers represent different schools of thought on lawyers’ ethics.

Chapter

Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines past proposals for reform of the law relating to cohabitants’ rights in the family home. It illustrates the issues considered by reference to 11 Trant Way (occupied by Mr and Mrs Mould), 12 Trant Way (occupied by Mildred Mumps and Henry Newton) and 2 Trant Way (occupied by Barbara Bell and her father, Bob).

Chapter

Cover Textbook on Land Law

21. Special rights in relation to the family home  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines proposals for reform of the law relating to cohabitants’ rights in the family home.