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Law essay: family law Essay Example

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Law essay: family law

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Bennett J, who heard the initial case, quantified the claims of the wife at £150,000 per year but he awarded £ 250,000 per year to Mrs Parlour. However, another judge, Thorpe LJ., opined that the earlier judge’s verdict of £250,000 per annum in the McFarlane and an award of £444,000 per annum in the Parlour case be made saying that “ the preferred mechanism by which the surplus is to be divided annually must be periodic payments (Para 66).It is seen in the recent case of in which the husband and wife divorced after the wife began to have an affair. As per the Court Order, the husband transferred Rentals and incomes to the estranged wife, but she chose to waste it on non-productive and injudicious investments after going to Australia. Next she claimed a change in the periodical payments and claimed a sum of £202,000 for capitalization and dismissal of periodical payments which was upheld by the district tribunal. The husband appealed and the Court of Appeals held that “the wifes failure to utilise her earning potential, her subsequent abandonment of the secure financial future provided for her by the husband and her lifestyle choices in Australia were matters which the husband could not be held responsible for in law.In this case Woody is determined as a natural child, she would be protected under the provisions of the Child Support Act 1991. Under Section 1 of the Child Support Act 1991, every parent of a benefiting child, is held responsible for the child’s maintenance. It further delineates that, in case the parent is not physically available, it shall be construed that he has met his obligations with reference to any beneficial children, if he makes regular maintenance payments as per the bylaws prescribed by this Act. Where there is a need for evaluation to be made for maintenance and periodic payments, it is the obligation of the absentee parent, in whose name such evaluation has been made, to release such payments.If Woody cannot be proved to be a natural child of the couple, Jez and Tracey, it would have to seek protection for her as a child of the family protected under the Domestic Proceedings & Magistrates Court Act, 1978. As per the law where there is a child of the family under 18 years of age, the Court may not decline an application made by a party to the marriage under subsection

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Bibliography

Child Support Act 1991: (c.48). (1991). Section 1: The duty to maintain the basic Principle. (Arrangement of sections). [Online]. Office of the Public Sector Information. P. 1-8. Last accessed 05 January 2008 at:

http://www.opsi.gov.uk/acts/acts1991/ukpga_19910048_en_1

DIDUCK, Alison & KAGANAS, Felicity (2005). Family law, Gender and the State, Text, Cases and Materials. Equality: dividing the family assets: Does the yardsticks of Equality apply only to capital or does it apply to income as well? 2nd ed. P. 265. Last accessed 10 January 2008 at: http://books.google.com/books?id=pVVOvGN9enAC&pg=PA258&dq=Full+text+and+decision+of+Miller+divorce+case&sig=vLaD2zIX05QBr8bhpV87AHdkYVo#PPR5,M1

DIDUCK, Alison & KAGANAS, Felicity (2005). Family law, Gender and the State, Text, Cases and Materials. Equality: dividing the family assets: Does the yardsticks of Equality apply only to capital or does it apply to income as well? 2nd ed. P. 266. Last accessed 10 January 2008 at: http://books.google.com/books?id=pVVOvGN9enAC&pg=PA258&dq=Full+text+and+decision+of+Miller+divorce+case&sig=vLaD2zIX05QBr8bhpV87AHdkYVo#PPR5,M1

Divorce proceedings in England. [Online].Terry & Co: UK. Solicitors. Last accessed 01 January 2008 at: http://www.terry.co.uk/div_ar01.html

JAGO, Robert. Family Law. The divorce process under the matrimonial causes Act 1973. Chapter 3. Divorce. P. 39. Last accessed 01 January 2008 at: http://www.londonexternal.ac.uk/current_students/programme_resources/laws/subject_guides/family/family_ch1to4.pdf

Judgments: White White v.White (Conjoined Appeals). (2000). [online]. House of Lords. Last accessed 05 January 2007 at:

http://www.publications.parliament.uk/pa/ld199900/ldjudgmt/jd001026/white-1.htm

Matrimonial Causes Act 1973 (c.18). Financial provisions orders etc, in case of neglect by party to marriage to maintain one party or child of the family. Financial provision in case of neglect to maintain. [Online]. Office of the Public Sector Information. Last accessed 05 January 2008 at

http://opsi.gov.uk/RevisedStatutes/Acts/ukpga/1973/cukpga_19730018_en_1

Matrimonial and Family Proceedings Act, 1984 (c. 42). (1991). Ministry of Justice. Part II: Financial Relief in Matrimonial proceedings: Provisions relating to powers of the High Court and county courts. [Online]. The UK Statute Law Database. Last accessed 01 January 2008 at: http://www.statutelaw.gov.uk/content.aspx?LegType=all+primary&PageNumber=41&NavFrom=2&parentActiveTextDocId=771337&ActiveTextDocId=771337&filesize=278771

Part II: Order with respect to children in family proceedings. Office of Public Sector Information. Section 8: Residence, contact and other orders with respect to children. Last accessed 01 January 2008 at: http://www.england-legislation.hmso.gov.uk/acts/acts1989/ukpga_19890041_en_3

Part VIII: Financial Provisions and Property during Marriage. Definition of “Party to a marriage” and “child of the family” P.3. 33 Financial provisions in the family proceeding Courts: Last accessed 05 January 2008 at: http://www.oup.com/uk/orc/bin/0199264031/chap33.pdf.

Selected family law terms. (2007).Oxford University Press. Last accessed 01 January 2008 at: http://www.oup.com/uk/orc/bin/qanda/books/01family/terms/

TAYLOR, Gordon Rattray (2004). Marriage in British Law and practice. Sex in history. The present state of English law (circa 1970). Last accessed 01 January 2008 at:

http://www.tomrawlinson.com/Patriotic/Marriage.htm

Top Five Family Law Cases of 2007. (2007). North v. North (2007) EWCA CIV 760. [Online]. Jordan’s family law. Last accessed 01 January 2008 at:

http://www.familylaw.co.uk/artlDetail.aspx?subjID=1&artl_id=1557#artl_1557

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preview essay on Law essay: family law
  • Pages: 10 (2500 words)
  • Document Type: Essay
  • Subject: Unsorted
  • Level: Ph.D.
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