Table Of ContentA STRAIGHTFORWARD GUIDE
TO
FAMILY LAW
DAVID BRYAN
Straightforward Guides
www.straightforwardco.co.uk
Straightforward Guides © Straightforward Publishing 2015
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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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