This chapter starts with a brief history of divorce. The chapter then considers the current law on divorce, its historical origins and strengths, and its weaknesses. It then turns to the new law on divorce which is due to come into effect in the autumn of 2021. The chapter asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? The chapter uses a real-life scenario to answer these questions.
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Chapter
3. Ending a Marriage or Civil Partnership
Chapter
2. Marriage and Civil Partnership
This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?
Book
Polly Morgan
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
4. Financial Provision on Divorce
One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.
Chapter
5. Cohabitants and Remedies Not Dependent on Marriage
Marriage is not the only way that couples can live together. The term for living together without marriage or civil partnership is cohabiting. The numbers for people cohabiting rather than living in marriage or civil partnership is increasing. The acceptance of cohabitation across all age groups has risen also. Irrespective of the nature and duration of the cohabitation, there exist in the law a vast difference between the position of cohabitants and those of married couples when a relationship breaks down and in terms of law and legal rights. This chapter looks at what the differences are and what remedies are available to cohabiting partners who suffer a relationship breakdown. Unfortunately, the government appears to have no plans to reform this area of law.
Book
Edited by Ruth Lamont
Family Law offers a contextual and critical examination of the subject, discussing areas of debate and controversy. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, public law child protection, adoption; and human rights and children’s rights in the family. Finally, it considers international family law and family law in practice.
Chapter
4. Property Division on Divorce
Polly Morgan
At the end of a marriage or civil partnership, it is necessary to consider the practical and financial arrangements for the parties’ future: how they will share the value of the house(s), the pensions, and the savings and investments; who pays the debts; who gets personal belongings and furniture; and who has what income to live on. The law will only give effect to agreements that are objectively fair. If the parties cannot agree on a fair settlement, then courts have the power to impose a settlement on them by making a ‘financial remedy’ order in whatever terms it thinks are objectively fair. This power does not apply to unmarried couples. This chapter looks at what the court can do, the legal principles and practicalities that govern property redistribution, and some contentious issues and problems that may arise in financial remedy practice.
Book
Stephen Gilmore and Lisa Glennon
Gilmore and Glennon’s Hayes and Williams’ Family Law, now in its seventh edition, provides critical engagement with key areas of family law, with detailed, yet accessible, expositions of case law, key legislation, and debates affecting adults and children. The volume includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. A section entitled ‘New to this Edition’ provides a detailed account of developments since the last edition.
Chapter
3. Ending a Marriage or Civil Partnership
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
7. Domestic Abuse
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
8. Parenthood and Parental Responsibility
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
9. Children’s Rights and Welfare
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
2. Marriage and Civil Partnership
This chapter starts by tracing the regulation of marriage through history. It considers the legal steps necessary for a valid marriage, what happens if one gets it wrong, recognition of foreign marriages, and the law of nullity, using realistic scenarios. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. Why does the state encourage people to marry? What does marriage mean—to society generally and to the couple themselves? The Chapter considers civil partnership and the extent to which it differs from marriage, legally and in terms of public perception. Finally, the chapter asks: Is there a future for marriage?
Chapter
10. Private Law Decisions about Children
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
2. Relationships between Adults: Marriage, Civil Partnership, and Cohabitation
Andy Hayward
This chapter explores the historical development and modern statutory framework applicable to adult formalised and non-formalised relationships. It attempts to instil a thorough understanding of the key principles applicable to the formation and subsequent regulation of these relationships. Owing to the rapid change in family forms and the growing legal recognition of same-sex relationships, the statutory framework has evolved. The chapter assesses how far these frameworks have successfully accommodated modern family forms and whether further reform is required. Topics discussed include the evolution of marriage; the formal recognition of same-sex relationships; legal consequences and formalities for entry into marriage; the legal consequences of nullity; civil partnerships; and cohabitation.
Chapter
2. Forming Intimate Enduring Adult Relationships
N V Lowe, G Douglas, E Hitchings, and R Taylor
This chapter begins with a discussion of marriage as a legal concept, the legal recognition of same-sex relationships and creation of civil partnerships. It considers the rules governing entry into marriage and civil partnership and the presumption of marriage. It also discusses the concept of nullity of marriage or civil partnership, the concept of a ‘non-qualifying ceremony’ and the grounds for annulment. The chapter concludes with a discussion of cohabitation outside marriage and its recognition by the law.
Chapter
4. Financial Provision on Divorce
One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences. Among other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be valued and divided. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts’ powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. It uses key cases heard in the higher courts before suggesting how their principles can be applied to different levels of wealth. Finally, it asks—if financial settlements are meant to be fair, what does fairness look like? To what extent should the parties be able to do what they want, such as enter into a nuptial agreement—or is it right that there should be limits on this?
Book
Ruth Gaffney-Rhys
The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable and non-marriage; divorce and judicial separation; domestic abuse; family property; financial remedies and child support; parenthood and parental responsibility; children’s rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.
Chapter
5. Cohabitants and Remedies Not Dependent on Marriage
Marriage is not the only way that couples can live together. The term for living together without marriage or civil partnership is cohabiting. The number of people cohabiting rather than living in marriage or civil partnership is increasing. The acceptance of cohabitation across all age groups has risen also. Irrespective of the nature and duration of the cohabitation, there exists in the law a vast difference between the position of cohabitants and those of married couples when a relationship breaks down. This chapter looks at what the differences are and what remedies are available to cohabiting partners who suffer a relationship breakdown, including trusts of land, before considering whether the law should be reformed to give cohabitants ‘divorce style’ claims—and what those might look like.
Chapter
1. The formation of adult relationships
This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.
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