Family law essays

Family law essays

Family Law Essays (Examples),Top 10 Similar Topics

WebFamily law, in accordance to the text by E. Allan Farnsworth, “is concerned with the relationships between husband and wife and between parent and child, with the rights WebEssay On Family Law Words | 5 Pages Over the past years, the ‘nuclear family’ has become less common, and different family structures have been introduced, for WebDec 12,  · Family Law Essays (Examples) results for “Family Law”. ★Recommended Essay Family Law Strictly Fault-Based Divorce Words: Length: WebFree Family Law Essay. Samantha and Gordon have been married for four years. Daniel and James, twins presently aged 13, live with them. They are Samantha’s sons from a WebJul 18,  · Family Law Essays The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a ... read more

Desertion is the intentional permanent forsaking and abandonment of one spouse by the other without reasonable cause and the consent of the other spouse, and without the consent or fault of the spouse who is asking for relief Lim In the case of Williams v. Williams [] 2 AER , desertion is a course of conduct and a continuing matter. Desertion can be proven by the following elements: 1. There is separation; 2. The respondent had the intention to live separately from the petitioner on a permanent basis; 3. The petitioner did not give his or her consent to the separation; 4.

The other party did not have good or reasonable cause for the separation; and; 5. That the separation between the petitioner and the respondent had lasted for at least one year Lim Based on the facts of the case, Elma accidentally received an e-mail message that was intended to be for Francis that came from one of their mutual friends which contains the intention of Francis to live separately from the petitioner on a permanent basis for his intention to annul or divorce Elma and pay maintenance of her and their daughter Ellie. He does not intend to support their son Franco for he believes that he is not the father and fears that one day all his fortune may be taken up by this boy. c Yes, Elma can apply for maintenance pending suit MPS while the petition for nullity or divorce is filed and being heard by the court of law for the time being.

Maintenance Pending Suit or MPS refers to the order of the court for either party to the marriage to make to the other party such periodical payments for his or her maintenance, which may be paid weekly or monthly, or whenever the court deems appropriate. The order of the court should be for a periodical payment from one party to the other, beginning from the date of the divorce petition, date of nullity application or date of joint application for divorce Lim In order to determine fairness, the marital standard of living shall be taken into account and 3. In a maintenance pending suit application, the court shall determine a particular maintenance pending suit budget that should be followed, but does not cover the capital or long-term expenditure, which will only be deceided during the final hearing.

In the case of V. V [] 12 HKLJ 83, the High Court held that the court is not required by law to make a detailed investigation and look into the financial position of the parties before making a maintenance order pending suit. What is only required by law is to satisfy the criterion of what is reasonable by having due regard to the needs of the applicant of the MPS Lim In the case of Wong Che Wai, Raymond v Wong Chung Yee Fung Helen [] 1 HKC , it was held that the court is only required to fix a reasonable figure for maintenance by taking into account the immediate needs of the wife and the children and the ability of the husband to pay. In this given case, the court will take into consideration the needs of Elma and the children and the income of Francis, who is a famous actor.

The court has the power to grant the custody of the child to either the husband or the wife until the children reaches 18 years of age Lim However, in the case of Franco and Ellie, there is a greater chance that the court will grant the custody to their mother since their father was the one who committed the matrimonial wrong. In effect, Francis is the guilty spouse, which is a strong evidence to convince the court that it will be for the best interest of the children if the mother is granted the custody of the children. Francis cannot raise the issue that he is not the biological or natural father of the Franco since Elma was already pregnant by another man at the time of the celebration of the marriage. Here, the court must take into account S2 of MPPO which defines child to include also adopted or illegitimate child and child of the family, which includes a child who has been treated by the parties as their own child, whether blood relatives of both or one party or non blood relatives of either party.

Franco falls within the definition of a child under the law, who shall be entitled for support. The law under MPPO and MCR provides that even illegitimate child can succeed on intestacy of a deceased parent and have all the rights and benefits. After providing evidence before the court that Franco is a child of family, the legal consequences will attach to the parents, which include the right to be supported by Francis. For the financial arrangements the court will make on divorce, the court should take into consideration the maintenance for spouse and child, custody of child under 18 or receiving education and division of assets between the spouses.

The financial provision order also known as ancillary relief under Sections 3,4,5,6 and 6A of the MPPO allows Elma to demand maintenance and asset re-arrangement from Francis. The court will render a fair maintenance order and fair asset re-arrangement order in such a way that will maintain the living standards, conditions and environment of children before the separation of their parents Lim In the case of White v. White 1 A. The spouses can enter into financial arrangements or maintenance agreements under Section 14 2 of the MPPO which will include payments for the use and disposition of property and education of the children Lim In rendering the decision, the court will take into consideration the factors under Section 7 1 of the MPPO for spouse and Section 7 2 for children based on financial factors, obligation factors and physical factors.

The financial factors will include income, earning capacity, property and financial resources. The obligation factors will include the financial needs, obligations and responsibilities, standard of living and contributions to the family. On the other hand, the physical factors cover the age of the spouses during the marriage, the duration of the marriage, among others Lim In case of the arrangements for matrimonial home, the court usually grants an order that will require the property to be sold based under Section 6 1 a e and 6A 1 of the MPPO Lim In the event that selling of the matrimonial home is not possible for the reason that the children are still young, the court may order the transfer of the property to the spouse who will raise the children for the benefit of the children pursuant to Section 6 1 a of MPPO.

In the case of Prest v Petrodel UKSC , the court held that any property that the parties to the marriage are entitled to, may be transferred to the other party or the child of the family or a specified person for the benefit of the child under Section 6 1 b of MPPO Lim In the case of Elma and her children, they may continue to occupy the home and order that any sale of the home be postponed as provided under Section 17 of MPPO. This ruling was settled in the case of Hui I Mei v Cheng Yau Shing 4 HKC where the court may allow the parent with the parent to occupy the home and order that any sale of the home be postponed until a later date, or until the children will reach 18 years of age. The amount of ancillary relief will be calculated based on the principle of fairness as decided in the case of DD v LKW HKC , where the court ruled that the division of matrimonial assets shall proceed on the basis of fairness Lim The spouses shall be entitled to an equal share of the assets of the partnership unless there is a valid reason to the contrary.

The application of the fairness principle shall be based on the computation of valuable assets, property, income, earning capacity and financial resources that the parties will have in the future. The principle of need shall cover the financial needs, obligations and responsibilities of the parties, the standard of living of the family, age of the parties, or any physical or mental disability of the parties under Sections 7 1 b,c,d and e Lim On the other hand, the principle of compensation include financial disadvantage that the parties may face upon divorce as the result of such decision, the financial disadvantage that any party may have suffered and any loss of potential pension rights under Section 7 1 g Lim The principle of sharing shall include the contributions of each party to the welfare of the family under Section 7 1 f ; the duration of the marriage under Section 7 1 e ; and the conduct of the parties that will be inequitable to disregard.

The equal sharing principle will mean that the marriage is a partnership of equals where the husband and the wife lived and worked together to acquire the assets and entitles them to equal shares Lim However, in the case of Francis and Elma, the law states that three 3 years of marriage is considered as a short time for the duration of the marriage. Thus, the financial arrangement shall not be equally shared and shall be dependent on the contribution of the parties. Here, since Francis is the bread winner of the family, he is entitled to a greater share in the financial settlement that is ordered by the court. However, the states that not only the souse who is earning money in the workforce market should be entitled to receive more since the one is staying at home to take care the children and family will fall as a contribution to the family.

In this given case, the court will make a ruling based on the benefit of the two children by granting custody to Elma, who is their mother who shall raise and rear the children who are still young. The court must allow Elma and the children to continue to occupy the home in mid-level and provide maintenance order for Elma, Franco and Ellie. Franco shall still be entitled to support since he falls under the legal meaning of child under Section 2 of MPPO. The law defines child to include also adopted or illegitimate child and child of the family, which includes a child who has been treated by the parties as their own child, whether blood relatives of both or one party or non blood relatives of either party. Any illegitimate child is allowed by law to succeed on intestacy of a deceased parent and have all the rights and benefits under MPPO and MCR after proving before the court that he is a child of the family.

Hence, as part of the legal consequences of Francis, being the parent of Franco and Ellie, Francis needs to give them financial support. Lim, Elizabeth. Family Law and Matrimonial Practice. Hong Kong: HKU Space, Liu, Athena Nga Chee. Family Law for the Hong Kong SAR: Theory and Practice with Chinese Families. Hong Kong: Hong University Press, Prest v Petrodel UKSC Scott v. Scott [] 1 All E V. V [] 12 HKLJ 83 White v. Williams [] 2 AER Wong Che Wai, Raymond v Wong Chung Yee Fung Helen [] 1 HKC Note: this sample is kindly provided by a student like you, use it only as a guidance. ID Password recovery email has been sent to email email.

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Here are a few subtopics that have been tested: Custody: custody is determined by looking at the best interests of the child. Child support: All states employ numerical guidelines and establish a rebuttable presumption that the award that results from applying the guidelines is correct. The court will look at factors like income and earnings of the parents, the number of children and their ages, and any special needs of the children. Modification: custody or support can be modified if there is a substantial change in circumstances. Rights of the biological father: Biological fathers generally have rights. However, the state may make the biological father exercise his rights within a specific time e.

Property division and alimony Marital vs. separate property: Marital property is property acquired during the marriage and is subject to division. Most states do not count professional degrees earned during the marriage as marital property. Separate property is generally not subject to division. Premarital agreement: A court will enforce a premarital agreement so long as it is voluntarily made, substantively fair , and if full disclosure of assets and obligations was made. A court will not, however, enforce a premarital agreement regarding child custody or support if it is not in the best interest of the child.

Alimony: Alimony can be permanent , temporary , or granted in a lump sum. Alimony awards are not final and can be modified if there has been a substantial change in circumstances. Other Family Law issues In Family Law MEE questions, both the Uniform Interstate Family Support Act UIFSA and the Uniform Child Custody Jurisdiction and Enforcement Act UCCJEA generally are applied. The UIFSA governs child support. Once a child support order is registered, it may be enforced by any state. The state that originally issued a child support order has exclusive jurisdiction to modify the order if the state remains the residence of the obligee, the child, or the obligor, and at least one of the parties does not consent to the use of another forum.

The UCCJEA governs child custody orders. This statute incorporates various tests. A home state is a state where the child has lived with a parent or person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding. A home state continues to have exclusive jurisdiction to issue a custody order for six months after a child leaves the state, so long as a parent or person acting as a parent still lives in the state. The significant connections test applies if a child has no home state. Under this test, a state may exercise jurisdiction based on 1 significant connections with the child and at least one parent and 2 the existence of substantial evidence relating to child custody in the forum jurisdiction.

Be aware of how certain Family Law topics are tested Certain Family Law topics tend to be tested in specific ways. For example: Retroactive modification of child support has been tested regularly. If you remember that federal law forbids retroactive modification of child support absent circumstances like fraud , you will answer this question correctly. The outcome has always been the same on the MEE! When the UCCJEA is tested , generally the Parental Kidnapping Prevention Act PKPA is also mentioned. The PKPA is very similar to the UCCJEA, and the result is virtually always the same. February Family Law MEE: this MEE covers premarital agreements and division of marital vs. separate property assets. July Family Law MEE: this MEE covers state jurisdiction over modification of custody UCCJEA, PKPA , parental decisions, and child custody.

February Family Law MEE: this MEE covers divorce settlement agreements and child support. July Family Law MEE: this MEE covers premarital agreements, property division, and spousal maintenance. July Family Law MEE: this MEE covers relocation of a parent, state enforcement and modification of child support UIFSA , state jurisdiction over modification of custody UCCJEA, PKPA , and child support.

We use cookies to enhance our website for you. Proceed if you agree to this policy or learn more about it. Buy now, save instantly, get the job done on time! Type of paper: Essay. Topic: Court , Relationships , Children , Marriage , Family , Crime , Criminal Justice , Love. Pages: Words: a Voidable marriages are those marriages which exist in the eyes of the law and shall remain valid until annulled Lim Under the Section 20B of the MCO, the parties who contracted a voidable marriage will enjoy the rights and the duties of a married couple until a decree of nullity has been made absolute by the court. The difference between a void and voidable marriage is that in voidable marriages, even if there are factors which exist to make a marriage voidable and the parties are allowed to choose to continue with the marriage despite the existence of the factors.

However, in the event that one of the parties wants to terminate their marriage, such party should apply to the court for a decree of nullity to be granted. The marriage of Francis and Elma falls within the definition of voidable marriage. A voidable marriage is one which is valid in all intents and purposes until it is declared null and void by the court of law Lim Based on the facts of the case, at the time of the marriage, Elma was already pregnant and the father of the unborn child is another man, and not her husband Francis. Such condition is one of the factors of a voidable marriage under Section 20 2 of the MCO since Elma was pregnant by some other person other than the husband. Francis is allowed under the law to annul their marriage, provided that the application for nullity is applied within three 3 years from the date of their marriage.

After the period of three 3 years has elapsed, the law will presume that the parties have chosen to continue with the marriage. In the event that one of the parties will choose to terminate the relationship after the lapse of three 3 years, the only way to terminate the marriage is to file for divorce. It bears stressing that where a marriage is voidable, one of the defenses is the general equitable defense. The Supreme Court ruling in the case of Scott v. Scott [] 1 All E , provides that the petitioner knew that there is a remedy available to have the marriage avoided but still conducted himself in relation to the respondent as to lead her to believe that he will not seek to annul the marriage is deemed to have approved the defects in the marriage.

b Elma can file a petition for divorce under Section 11A 2 of the MCO based on the following grounds: 1. adultery; 2. unreasonable behaviour in such a way that petitioner cannot reasonably be expected to live with the respondent and desertion; and 3. desertion Lim Based on the facts of the case, Francis no longer spends time with his wife and children since he stays away from home most of the time and spends overnights elsewhere. Francis is suspected to be committing adultery since he no longer engages in sexual intercourse with his wife and may be having sex with other women. Francis, who is currently one of the most sought-after actors, is being swarmed by female admirers who are usually beautiful women and models which made him pay little attention to his wife.

Such facts will show that the marriage has deteriorated based on the unreasonable behavior of Francis and he no longer fulfills his matrimonial obligations as a good husband should. Unreasonable behavior refers to acts that amount to physical or mental mistreatment of the wife, children or any of the family members. In the case of Francis, his unreasonable behavior can be illustrated in several occasions when he just leaves home without telling Elma his whereabouts and the reason why he has to go out of the house and spend overnights. This is considered as a mental torture on the part of the wife since the husband no longer engages in sexual intercourse with her and is believed to be having affairs with other women. He failed to give time not only to his wife, but also his children.

Francis is also guilty of desertion since he has neglected his children by not spending time with them. Desertion is the intentional permanent forsaking and abandonment of one spouse by the other without reasonable cause and the consent of the other spouse, and without the consent or fault of the spouse who is asking for relief Lim In the case of Williams v. Williams [] 2 AER , desertion is a course of conduct and a continuing matter. Desertion can be proven by the following elements: 1. There is separation; 2. The respondent had the intention to live separately from the petitioner on a permanent basis; 3. The petitioner did not give his or her consent to the separation; 4. The other party did not have good or reasonable cause for the separation; and; 5.

That the separation between the petitioner and the respondent had lasted for at least one year Lim Based on the facts of the case, Elma accidentally received an e-mail message that was intended to be for Francis that came from one of their mutual friends which contains the intention of Francis to live separately from the petitioner on a permanent basis for his intention to annul or divorce Elma and pay maintenance of her and their daughter Ellie. He does not intend to support their son Franco for he believes that he is not the father and fears that one day all his fortune may be taken up by this boy. c Yes, Elma can apply for maintenance pending suit MPS while the petition for nullity or divorce is filed and being heard by the court of law for the time being.

Maintenance Pending Suit or MPS refers to the order of the court for either party to the marriage to make to the other party such periodical payments for his or her maintenance, which may be paid weekly or monthly, or whenever the court deems appropriate. The order of the court should be for a periodical payment from one party to the other, beginning from the date of the divorce petition, date of nullity application or date of joint application for divorce Lim In order to determine fairness, the marital standard of living shall be taken into account and 3. In a maintenance pending suit application, the court shall determine a particular maintenance pending suit budget that should be followed, but does not cover the capital or long-term expenditure, which will only be deceided during the final hearing.

In the case of V. V [] 12 HKLJ 83, the High Court held that the court is not required by law to make a detailed investigation and look into the financial position of the parties before making a maintenance order pending suit. What is only required by law is to satisfy the criterion of what is reasonable by having due regard to the needs of the applicant of the MPS Lim In the case of Wong Che Wai, Raymond v Wong Chung Yee Fung Helen [] 1 HKC , it was held that the court is only required to fix a reasonable figure for maintenance by taking into account the immediate needs of the wife and the children and the ability of the husband to pay. In this given case, the court will take into consideration the needs of Elma and the children and the income of Francis, who is a famous actor. The court has the power to grant the custody of the child to either the husband or the wife until the children reaches 18 years of age Lim However, in the case of Franco and Ellie, there is a greater chance that the court will grant the custody to their mother since their father was the one who committed the matrimonial wrong.

In effect, Francis is the guilty spouse, which is a strong evidence to convince the court that it will be for the best interest of the children if the mother is granted the custody of the children. Francis cannot raise the issue that he is not the biological or natural father of the Franco since Elma was already pregnant by another man at the time of the celebration of the marriage. Here, the court must take into account S2 of MPPO which defines child to include also adopted or illegitimate child and child of the family, which includes a child who has been treated by the parties as their own child, whether blood relatives of both or one party or non blood relatives of either party. Franco falls within the definition of a child under the law, who shall be entitled for support. The law under MPPO and MCR provides that even illegitimate child can succeed on intestacy of a deceased parent and have all the rights and benefits.

After providing evidence before the court that Franco is a child of family, the legal consequences will attach to the parents, which include the right to be supported by Francis. For the financial arrangements the court will make on divorce, the court should take into consideration the maintenance for spouse and child, custody of child under 18 or receiving education and division of assets between the spouses. The financial provision order also known as ancillary relief under Sections 3,4,5,6 and 6A of the MPPO allows Elma to demand maintenance and asset re-arrangement from Francis. The court will render a fair maintenance order and fair asset re-arrangement order in such a way that will maintain the living standards, conditions and environment of children before the separation of their parents Lim In the case of White v.

White 1 A. The spouses can enter into financial arrangements or maintenance agreements under Section 14 2 of the MPPO which will include payments for the use and disposition of property and education of the children Lim In rendering the decision, the court will take into consideration the factors under Section 7 1 of the MPPO for spouse and Section 7 2 for children based on financial factors, obligation factors and physical factors. The financial factors will include income, earning capacity, property and financial resources. The obligation factors will include the financial needs, obligations and responsibilities, standard of living and contributions to the family.

On the other hand, the physical factors cover the age of the spouses during the marriage, the duration of the marriage, among others Lim In case of the arrangements for matrimonial home, the court usually grants an order that will require the property to be sold based under Section 6 1 a e and 6A 1 of the MPPO Lim In the event that selling of the matrimonial home is not possible for the reason that the children are still young, the court may order the transfer of the property to the spouse who will raise the children for the benefit of the children pursuant to Section 6 1 a of MPPO. In the case of Prest v Petrodel UKSC , the court held that any property that the parties to the marriage are entitled to, may be transferred to the other party or the child of the family or a specified person for the benefit of the child under Section 6 1 b of MPPO Lim In the case of Elma and her children, they may continue to occupy the home and order that any sale of the home be postponed as provided under Section 17 of MPPO.

This ruling was settled in the case of Hui I Mei v Cheng Yau Shing 4 HKC where the court may allow the parent with the parent to occupy the home and order that any sale of the home be postponed until a later date, or until the children will reach 18 years of age. The amount of ancillary relief will be calculated based on the principle of fairness as decided in the case of DD v LKW HKC , where the court ruled that the division of matrimonial assets shall proceed on the basis of fairness Lim The spouses shall be entitled to an equal share of the assets of the partnership unless there is a valid reason to the contrary. The application of the fairness principle shall be based on the computation of valuable assets, property, income, earning capacity and financial resources that the parties will have in the future.

The principle of need shall cover the financial needs, obligations and responsibilities of the parties, the standard of living of the family, age of the parties, or any physical or mental disability of the parties under Sections 7 1 b,c,d and e Lim On the other hand, the principle of compensation include financial disadvantage that the parties may face upon divorce as the result of such decision, the financial disadvantage that any party may have suffered and any loss of potential pension rights under Section 7 1 g Lim The principle of sharing shall include the contributions of each party to the welfare of the family under Section 7 1 f ; the duration of the marriage under Section 7 1 e ; and the conduct of the parties that will be inequitable to disregard.

The equal sharing principle will mean that the marriage is a partnership of equals where the husband and the wife lived and worked together to acquire the assets and entitles them to equal shares Lim However, in the case of Francis and Elma, the law states that three 3 years of marriage is considered as a short time for the duration of the marriage. Thus, the financial arrangement shall not be equally shared and shall be dependent on the contribution of the parties. Here, since Francis is the bread winner of the family, he is entitled to a greater share in the financial settlement that is ordered by the court. However, the states that not only the souse who is earning money in the workforce market should be entitled to receive more since the one is staying at home to take care the children and family will fall as a contribution to the family.

In this given case, the court will make a ruling based on the benefit of the two children by granting custody to Elma, who is their mother who shall raise and rear the children who are still young. The court must allow Elma and the children to continue to occupy the home in mid-level and provide maintenance order for Elma, Franco and Ellie. Franco shall still be entitled to support since he falls under the legal meaning of child under Section 2 of MPPO. The law defines child to include also adopted or illegitimate child and child of the family, which includes a child who has been treated by the parties as their own child, whether blood relatives of both or one party or non blood relatives of either party. Any illegitimate child is allowed by law to succeed on intestacy of a deceased parent and have all the rights and benefits under MPPO and MCR after proving before the court that he is a child of the family.

Hence, as part of the legal consequences of Francis, being the parent of Franco and Ellie, Francis needs to give them financial support. Lim, Elizabeth. Family Law and Matrimonial Practice. Hong Kong: HKU Space, Liu, Athena Nga Chee.

Family Law Essays,Family Law Memo

WebFamily Law practice essays & issue spotters. 4 topics; 6 practice exams; Our library of 6 online business associations issue spotters and practice essay exams are created by WebFamily law, in accordance to the text by E. Allan Farnsworth, “is concerned with the relationships between husband and wife and between parent and child, with the rights WebEssay On Family Law Words | 5 Pages Over the past years, the ‘nuclear family’ has become less common, and different family structures have been introduced, for WebJul 18,  · Family Law Essays The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a WebMeta: Family law is the area of law that deals directly with issues impacting families. This can include cases involving matters such as divorce, adoption, and child abuse. Family WebDec 12,  · Family Law Essays (Examples) results for “Family Law”. ★Recommended Essay Family Law Strictly Fault-Based Divorce Words: Length: ... read more

Schechter, S. The Washington Times, p. In order to determine fairness, the marital standard of living shall be taken into account and 3. The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget. The Tale of Cookies Dr. Initially, their plan was to return to Thebes and save their brothers from killing each other over the throne.

Type of paper: Essay. Journal of Extension, v. Certainly, consulting family law essays Inland Empire divorce lawyer for these complex family matters. Frank, R. Be aware of how certain Family Law topics are tested Certain Family Law topics tend to be tested in specific ways. Paralegal Specialties International Law Paralegals in This Words: