A Straightforward Guide to Family Law: A Concise by David Bryan

By David Bryan

A part of the simple publications sequence this consultant to family members legislation, Revised version, is a transparent and concise consultant to all facets of the legislations because it impacts the relatives, with adjustments within the legislations as much as 2006 coated in depth.

The ebook is meant for the layperson yet is additionally utilised by way of the pro or the student.

The publication comprises the following:

* Decrees when it comes to marriage
* The Civil Partnerships Act 2004
* Rights of occupation
* monetary provision for children
* family violence
* the connection among adults and children
* The solution of disputes
* security of kids

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Extra info for A Straightforward Guide to Family Law: A Concise Introduction to All Aspects of Family Law

Example text

Section 30 of the FLA applies (The Civil Partnerhsips Act 2004 extends this to civil partners) where one spouse (owner) has the right to occupy property that is or was the matrimonial home and the other has not, the other is given ‘matrimonial home rights’ in that property. There is a right not to be evicted from it without leave of the court and the right to resume occupation if the non-owner is not in occupation (there has been some attempt to evict, for example). The spouse will only receive benefit of the Act if she needs it.

A decree of divorce will only be refused when the respondent is able to prove that the petitioners factual statement is incorrect and that the marriage remains viable. The divorce decree is divided into two parts-the decree nisi, which is the first part and which is announced in open court, usually without the attendance of the parties. The second part, the decree absolute is granted after a period of six weeks has elapsed. Only when the decree absolute is granted can the parties remarry. Before the court grants the decree, it must be satisfied that arrangements have been made for the welfare of the children under the Matrimonial Causes Act 1973 s 41.

The nature of the orders possible under the CA is discussed further on in the book. Unmarried Partners This section relates to spouses who do not seek a decree and to partners who have never been married to each other. In relation to the former, the following rights are important where divorce is not contemplated, or where a spouse has become insolvent or died. With cohabitees, the Matrimonial Causes Act does not apply. So these are their only rights with regard to joint property. The only difference between the two classes is that cohabitees have to prove to the courts that they had a settled relationship that was intended to be permanent.

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