A Straightforward Guide to Family Law: A Concise Introduction to All Aspects of Family Law PDF
Preview A Straightforward Guide to Family Law: A Concise Introduction to All Aspects of Family Law
A STRAIGHTFORWARD GUIDE TO FAMILY LAW DAVID BRYAN Straightforward Guides www.straightforwardco.co.uk Straightforward Guides © Straightforward Publishing 2015 All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holder. British cataloguing in Publication Data. A catalogue record for this book is available from the British Library. ISBN 978-1-84716-481-0 978-1-84716-541-1 (eBook) Printed by Grosvenor press London Cover design by Bookworks Islington Whilst every effort has been made to ensure that the information contained within this book at the time of going to press, the authors and publishers cannot accept liability for any errors and omissions contained within, or for any changes in the law since publication. CONTENTS List of cases Chapter 1-Introduction Chapter 2-Marriage and Divorce The definition of marriage The formalities of marriage Nullity, void and voidable Marriages Grounds on which a marriage is void Voidable marriages Judicial separation Forced Marriage Chapter 3-Civil Partnerships Registration of a civil partnership Residency requirements for a civil partnership Special circumstances Housebound people Detained people Family relationships Adoption Parental responsibility Dissolution of a civil partnership Nullity Separation Property and financial arrangements Chapter 4-When a Relationship Ends The divorce process Contested petitions The grounds for divorce Chapter 5-Rights of Occupation in the Home Awards of property and financial rewards The Family Law Act 1996 The Matrimonial Causes Act 1973/ Civil Partnerships Act 2004 Periodic payments secured and unsecured Lump sum Transfer of property Settlement of property order and variation of order Orders for the benefit of children Financial awards-The Domestic proceedings and Magistrates Court Act 1978 Financial awards-section 27 of the Matrimonial Causes Act 1973 Financial and property awards-section 15 of the Children Act 1989 Unmarried partners Establishing a trust An express agreement Quantification of beneficial interests under a trust Proprietary estoppel Occupation of the home Chapter 6-Provision for Children-Current System of Child Maintenance What is Child maintenance? Child maintenance arrangements Through the courts What is Child Maintenance Options? The CSA Enforcement of non-payment Benefit claims Tax credits ‘Qualifying child’ Living outside the UK Parental disputes Orders under the Matrimonial Causes Act 1973 Matters taken into account when making an order The Children Act 1989 section 15 Chapter 7-Domestic Violence Definition of domestic violence Inherent jurisdiction The Family Law Act 1996 Part 1V Associated persons or relevant child Non-molestation orders Occupation orders The courts powers The balance of harm test Applicant is a former spouse or a cohabitant Former cohabitant with no right to occupy Additional powers The Protection from Harassment Act 1997 Enforcement Domestic Violence, Crime and Victims Act 2004 New rules on coercive and controlling behaviour Chapter 8-Children and the Human Rights Act United Nations Convention on the Rights of The Child Definition of a child The European Convention on Human Rights Freestanding human rights applications in family cases A local authority failure to protect children Procedural rights Proportionality of response Chapter 9-Children and Adults Parents rights and obligations Definition of a parent Biological parents Psychological parents Parenting and the social context The legal parent Parental responsibility Proving parentage Step-parents Adoptive parents Foster parents Parents and reproductive technology The HFEA Authority (Disclosure) Regulations 2004 Parties separating Parental responsibility and childrens rights generally Rights of Children in Domestic and International Law Office of the Children’s Commissioner Key Areas of Parental Responsibility Consultation with Children Names Religion Medical Treatment Consent to Marriage Corporal Punishment Leaving Home Ages of Consent Welfare Principle Contact Disputes Children and the Criminal Justice system Criminal Responsibility Criminal trials Community sentences Children in Detention Education Parenting Contracts and Orders Employment Citizenship Access to Justice and Redress Chapter 10-Adoption The Adoption and Children Act 2002 Adoption services The Adopted Childrens Register Opening up of adoption information Care plans Adoption of children from overseas Who can adopt? Suitability Matching parents and children Regulation and review of decisions Court orders Placement order Adoption order Alternatives to adoption orders Adoption by step-parents Discovery and information Human rights and genetic identity The Children and adoption Act 2006 Chapter 11 Protection of Children and the resolution of Disputes Child Arrangement Orders Prohibited steps order Specific issues order Different types of proceedings Types of applicant Those entitled to apply for a residence or contact order Protection of children-local authorities Types of order available Care orders Supervision orders Emergency protection orders The child assessment order Grounds on which a court will grant an order Parental contact Wardship The Children and Young Person’s Act 2008 Chapter 12-Making a Will Making a will Divorced persons Separated persons Cohabitation The decision to make a will Ownership of property Children Marriage or remarriage Employment Illness Divorce and separation Increase in personal wealth The provisions of a will Money you have saved Property Land Insurance policies Shares Trusts Personal effects The funeral Use of body after death Making a recital Making provisions in a will Mental illness Bankruptcy Leaving money to charities Preparing a will Choice of an executor Probate Applying for probate Index *****************
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