StudentShare solutions
Triangle menu
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Family Law - Essay Example

Nobody downloaded yet
of marriage relationships3 have made fair redistribution of financial assets on divorce a daunting task to judges, while the legal advisers and parties remain largely uncertain of the outcome.
The present research attempts to understand the legal developments concerning ancillary relief over the past ten years in England and Wales, and analyse to what extent they have been successful in achieving a fair outcome for the parties concerned in such applications. Given the fact that a ‘fair outcome’ in a claim proceeding is influenced by the legislative coverage, the court’s approach in interpreting the provisions and the complexity rules and procedures, the review of legal developments shall essentially consider the major changes to the legislation, the major developments in case law as well as the changes to the rules and procedures towards achieving a fair outcome for the parties.
Ancillary relief – the apportioning of financial assets and income of the parties to the marriage– remains one of the major issues to be resolved on divorce. The basic law and judicial considerations for ancillary relief are contained in Part II of the Matrimonial Causes Act (MCA) 1973, amended by the Matrimonial and Family Proceedings Act 1984 imposing a ‘clean break’ obligation on the courts. Statutory improvements have been impacted the provisions, a review of which shall be endeavoured.
The 1973 Act provided courts with the power award maintenance and grant lump sums via division of income, but more significantly to make property adjustment orders, enabling capital division of assets.4 While this by itself was ‘revolutionary reforming measure,’5 as traditionally ancillary relief was limited to only income, the Act made no mention of the pension rights of the spouses, except merely stating it as a ‘benefit’ for consideration while dividing family assets. Considering the fact that during the marriage both parties would have looked to it as a joint fund for their ...Show more
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Family Law Essay Example | Topics and Well Written Essays - 2500 words - 3”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/323762-family-law
(Family Law Essay Example | Topics and Well Written Essays - 2500 Words - 3)
https://studentshare.net/miscellaneous/323762-family-law.
“Family Law Essay Example | Topics and Well Written Essays - 2500 Words - 3”, n.d. https://studentshare.net/miscellaneous/323762-family-law.
  • Cited: 0 times

Summary

Reconciling fairness in ancillary relief applications has been, and continues to be, one of the most difficult problems facing courts and judges in England and Wales when deciding divorce cases. The highly discretion-based ancillary financial relief system proposed by the…
Author : greenfeldermega
Family Law
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Family Law"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Family law
Wanda decided to abandon her career and support her husband Henry in building themselves financially through the successful businesses that he has practiced, a fact that he attributes to Wanda for her support especially in working for him at no amount of money in his veterinary practice.
6 pages (1500 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
Family Law
Moreover James, being ambitious and career-oriented, is not willing to sacrifice his career prospects. It is implicit that both of them have accepted the fact that their marriage will not work out
4 pages (1000 words) Essay
Family Law
However, the FLA only entitles the court to make such orders if the application is made by an “associated person” (Herring 2007). For example, with regard to non-molestation orders, Section 42(2) (a) of the FLA provides that the court can make an order if
8 pages (2000 words) Essay
FAMILY LAW
In criminal law it is viewed as an act of knowingly causing or attempting to cause or threatening to cause physical harm to a person, who may be a family member or roommate or a household member2. In the United Kingdom, the spectre of domestic
10 pages (2500 words) Essay
Family Law
a) The Children Act 1989 (CA) was implemented in 1991 to revolutionise proceedings regarding the welfare of children in England and
14 pages (3500 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 child has completed the age of sixteen as per section 8 which says that it would be considered a trespass to that person if any surgical, medical or dental treatment is given to that person without his consent. This provision has effectively established that parental
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
Family Law
This relationship can grow to higher levels, it can go down to lower levels, or it can remain in the elemental basis. For a marriage to stripe or flourish, the relationship must be built on love,
3 pages (750 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic Family Law for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us