StudentShare solutions
Triangle menu

Family Law: civil partnership - Essay Example

Not dowloaded yet

Extract of sample
Family Law: civil partnership

This is clear from the Matrimonial Causes Act of 1973. Pursuant to Section 23 of the said Act, the Court may make several orders that relate to income, capital and property. It may order the payment of periodical payments by either party to the other, or it may also issue an order for the payment of lump sums. an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified. A petition for ancillary relief, may likewise be made, which is an order for maintenance pending suit pursuant to 2.53 of The Family Proceeding Rules 1991. It must be made clear that though a divorce terminates a marriage, it does not terminate the relations of the spouse to each other, in the sense that the court may validly order one spouse to financially support the other, particularly if there is a disparity in financial resources.
Unfortunately, while a 22-year-old may in theory avail of such legal remedies after a one-week marriage to a 65-year-old, an individual who has been in a long-term relationship and cohabitation with another may find herself without any means of redress after the relationship breaks down and the cohabitation is dissolved. This tragedy is a reality, in light of the marked increase in the number of couples who, for some reason or another, choose not to get married. This problem must be seen without the lenses or romantic mythology (Barker, 2006). According to Lord Justice Waite:
Unmarried cohabitation between heterosexuals developed strikingly in scale to the point that today (according to figures helpfully supplied by the Family Policies Study Centre) 25% of all women aged between 18 and 49 are unmarried cohabitants, and in the age group most likely to cohabit (women in their late 20s and men in their late 30s) over one third of the population now cohabits. As it became more common, cohabitation lost the secretiveness with which it had sometimes been concealed by those who felt the need to give the appearances of marriage (through change of surname by deed poll for example) to their relationship.

Indeed, we see how attitudes towards marriage are fast changing and how the courts and the judiciary are slowly following suit. The use of the words "husband" and "wife" are slowly giving way to "partner" which is increasingly gaining currency, in light of the plethora of cohabiting relationships and even homosexual partnerships. There is a growing sensitivity to the notion that marriage is not the more superior option, but rather simply an option in a wide gamut of available options.

While it is valid to argue that the intent of the law is to give premium to the institution of marriage, and it is the role of the law to reinforce and not undermine such institution, there is an equally compelling necessity to protect the right to choice of an individual and to allow him or her means of redress. Particularly in a situation when one party is more vulnerable than the other -- and this is often the case in a domestic partnership (whether marriage or cohabitation) that results in an offspring, for one partner is often left at home to take care of the child and is thus unable to make quantifiable economic contributions ...Show more

Summary

Even at first blush, it cannot be gainsaid that the legal system has been biased in favor of marriage and married couples, affording a wide gamut of options, benefits and safety mechanisms for the couple that has undertaken matrimonial vows as opposed to the cohabiting couple…
Author : ed48
Family Law: civil partnership essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Family Law: civil partnership"
with a personal 20% discount.
Grab the best paper

Related Essays

Family Law
QUESTION ONE: Legal position in this case. Alan is correct. The shared residence order states that both parents have equal rights for their children. Alan has the right to have his children live with him equally with his wife’s right for the children to live with her.
12 pages (3000 words) Essay
Civil Partnership and Marriage are the Same
Thus, the four conditions related to marriage include the requirement for it to be voluntary, intended for a life-time, a heterosexual union, and must be monogamous. Additionally, the parties should be of marriageable age. Regarding civil partnership, the Civil Partnership Act 2004 defines it as “a formal legal relationship between two people of the same sex formed when they register as civil partners of each other” (LexisNexis 2011).
15 pages (3750 words) Essay
Social and Family Law
I will advise her on the following regarding the issue of consent to treatment; first, I will let her know that consent is an important principle before a patient receives any type of medical treatment (Lynch, 2010, p. 63). She should know that consent can be either implied or be explicit.
5 pages (1250 words) Essay
LEGISLATION IS INTRODUCED TO PROTECT UNMARRIED COHABITANTS
A legislative pronouncement to define the relationship of unmarried cohabitants would curtail their right to choose not to mention their right to privacy since the State would now dictate the tenor of their relationship. It would cohabitation within the purview of the State. In many instances, couples choose not to be bound by the restrictions of marriage or civil partnership.
6 pages (1500 words) Essay
Civil Partnership, Marriage & Cohabitation
Cohabitation is defined as “two persons who are neither married to each other nor civil partners of each other but are living together as husband and wife or as if they were civil partners.” 1 Under UK law, cohabiting couples are considered the same as roommates, therefore, if the couples break up, the property is divided as if there was not a special relationship between the two partners at all.
5 pages (1250 words) Essay
Family Law
In considering a nuclear family [father, mother and child] in an arrangement through marriage, each member is affected in a unique way by family. When it comes to disputes that arise within such a family, family law helps to settle disputes in a just manner.
10 pages (2500 words) Essay
The Civil Partnership Act
Injustice for same sex relationships is a task that cannot be achieved through the Act alone, but through the more colossal task of social change, instead, what the Act can achieve for same sex relationships are increased protection and privileges, as well as responsibilities similar to heterosexual married couples.
11 pages (2750 words) Essay
Family law
In Lord Brougham’s speeches discussing proposed divorce law reform, he asserted that there “there is no one branch of the law more important, in any point of view, to the great interests of society……than that which regulates the formation
8 pages (2000 words) Essay
Family Law
The Matrimonial Causes Act 1973 is an important legislative text in regard to the division of property in the context of a marital breakdown. The above Act ‘has been amended by the Matrimonial and Family Proceeding Act 1984’.1 It should be noted
10 pages (2500 words) Essay
Civil partnership is simply marriage by another name. There is therefore no need to extend marriage to same-sex couples or civil partnership to different-sex couples Critically discuss
Additionally, the parties should be of marriageable age. Regarding civil partnership, the Civil Partnership Act 2004 defines it as “a formal legal relationship
15 pages (3750 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation