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