|Type of paper:||Essay|
|Categories:||Court system Judicial system Relationship|
First, the divorce, dissolution, and separation Bill is for every family and or all families facing the upheaval of divorce. Nobody under the sun enters into a civil partnership expecting to have it ruined. Moreover, nobody would wish to have a failed partnership. Still, the absurdity is some civil partnerships and marriages usually flop, and irreparable damages shall have been done prior to the court application to end the relationship through a legal system.
The government upholds the view that the law should handle divorce in a manner that does not only protects the interests of the society in a marriage but also refrains from the legal system of divorce or civil partnership or marriage dissolution from appearing antagonistic. Divorce shall always be challenging for the couples and children involved, and it cannot be correct that the law supports that by incentivizing the attribution of the faults. Marriages typically fail for numerous reasons, and the responsibilities might be shared.
When a bill is passed without amendments, congress must have taken into consideration the president's reservations; hence the bill is passed, and it becomes a law. The bill has properly outlined its purpose in seeking to minimize the conflict which can generate from the current needs for obtaining or having a divorce. Though, it has not the responsibility to make a divorce painless or an easy-going choice. The bill shall not do away with the tough decisions, the couples have to make regarding their future, but it shall eliminate the legal sting whose results can be felt early enough into the future. This is an issue in which there is enormous support for change emanating from the public and legal practitioners. I believe the removal of unnecessary conflicts from the legal system of divorce shall create a conducive environment where couples can decide on their future arrangements. However, there is a robust evidence base and consensus surrounding the status of the divorce Bill.
The divorce reform act of 1969 has been useful for over fifty years. It generated the law we now have though it is usually misunderstood by various couples, especially when they come to utilize it. Many are customarily surprised when they realize that it requires either a separation duration of not less than two years or a one-party allegation of faults against the other. Hence, a couple to divorce amicably sometimes find the law delaying their actions.
In the case of Laura, there are several legal options open for her to end her abusive marriage with Sajid. She can file a divorce application to the court after staying at her parents' place for two years, and if Sajid resists the divorce proposal, then Laura will have no other option but to wait for five years to have an amicable divorce. Moreover, she can materialize her divorce application by filing a cybercrime case against her husband, Sajid, who has been threatening her life with abusive texts. She can as well bank her case based on marriage dishonesty from her husband, Sajid, whom he suspects of having an illicit affair outside of marriage following emails on his laptop, are intimate. Sajid can also be sued over crime with violence, having slapped Laura across the face, thus causing bruises on her cheek. Laura can as well take a P3 from the doctor, and proceed to court, to sue her husband for violent abuse.
Laura's marriage with her husband, Sajid is likely to have come to an end by the time she moved to her parents' house with her son, Max but the separation can be the only route left if someone is not willing to make allegations against the conducts of the other spouse. For victims of domestic violence such as Laura, doing so might somehow be difficult and unsafe, but living this section for a long time may only delay the unavoidable legal course to end such kind of marriages. Though, it can as well be challenging since the court can make the final verdict but not limited to the financial status of the couples only on divorce.
An individual seeking divorce must present verifiable pieces of evidence of adultery, disposable behaviours, cheating, and or desertion on the side of the other couple. In the case of Laura and Sajid, the husband usually spends weekends away from home without any explanation, and there are also shreds of evidence of mistrust in his laptop, he drinks heavily and is verbally abusive. As I have mentioned earlier, it does not usually mean safety for the other couple to present details to the court knowing very well that their partners would view them. The court itself does not have the practical means with which to investigate the allegations made on failed marriages or civil partnerships hence must obtain this from face value.
The financial and property orders the court may make on divorce and how the various factors in s.25 MCA 1973 might be applied in Laura vs. Sajid's case.
Section 25 statement is the essential witness statement which Laura will have to prepare during her divorce. In this statement, she will outline her shreds of evidence about the various factors the court shall have specific regard to in the making of an award. The UK law court takes into account multiple elements under the s.25 MCA1973 (legislative provisions), often known as the section 25 checklist retrieved from section 25 of the Matrimonial Causes Act of 1973. Also, the court takes into account equivalent-provisions in schedule five, Part V, to the Marriage Act 2004. The various factors likely to be considered by the court in Laura's Divorce income, financial needs, earning capacity, obligations, and contributions, the age of Laura and Sajid, who are the parties in this case, and the duration of their marriage. Other considerations, including sharing, equality, and compensation, together with the conduct and the particular weight types of assets owned by the two parties, may also be taken into consideration by the court.
Assets of the Parties
The court might determine the depth of the assets owned by the parties following section 25 of the Matrimonial Act of 1973 and schedule five, Part V of the Civil partnership act of 2004, detailing the duty closure of the parties, assets quantification and the implication of any liabilities or debts. The court will also consider the various types of assets which may arise and the time when the expert evidence might be needed.
Earning Capacity and Income
Here, the statutory needs per section 25 of the Matrimonial Causes Act of 1973, 1973, and schedule five, Part V of the Civil partnership act of 2004, the court shall consider the earning capacity and income of Laura and Sajid independently when reviewing an application for a financial order. The court also outlines the approach, attached to primary career, quantifying income, employment choices, past and future income of the parties.
The court will also interrogate the results of contributions made by both parties, whether financially or non-financially, on a financial order application per the provisions of section 25 of the Matrimonial Causes Act of 1973, and schedule five, Part V of the Civil partnership act of 2004. The court also considers both direct and indirect matrimonial, contributions and the civil partnership assets, the exceptional or stellar contributions, and the "mingling" assets. The court outlines practical gifts when it becomes an issue.
Obligations and Financial Needs
The duty of the UK law court, under section 25A of the Matrimonial Causes Act of 1973, 1973, and schedule five, Part V of the Civil partnership act of 2004, considers a financial break between the divorcing parties. This particular Act deals with the kinds of clean break possible. For instance, a clean break with capitalisation, a quick clean break, and deferred clean break involved in the consent order.
The requirement of the Children of the Family
The court has to take into consideration the needs and the welfare of the young child or children the family has concerning section 25 of the Matrimonial Causes Act of 1973, and schedule five, Part V of the Civil partnership act of 2004.
The Parties' Needs
Here the statutory needs for the court to review the wants of the parties in applying the s.25 MCA1973 (legislative provisions) of the Matrimonial Causes Act of 1973 to the divorce. The court will also take into consideration the relevant laws to the case regarding the needs of parties or partnership asset and report of the law commission on marital property, agreements and conditions in conjunction with the family justice council directives on the conditions.
The Length of Marriage and Age of the Parties
The length of the marriage and the implication of the ages are factors that shall be taken into consideration by the court per section 25 of the Matrimonial Causes Act of 1973, and schedule five, Part V of the Civil partnership act of 2004 especially when reviewing an application for the financial order. The court also looks at the issues bedevilling the date of separation as well as pre-marital cohabitation.
Sharing Equality and Compensation
The general principle of sharing, equality and compensation in conjunction with the needs of the parties and application by the court as section of the judicial duty of the ancillary relief proceeding is thoroughly scrutinised—the critical decisions between White and White and subsequent case law.
Common law is the fundamental of the legal system of the UK since there exists not a codified law system. Family law is to be found in Parliament Act which is then applied and interpreted by the Higher Court to establish legal precedent. The necessary legislation is the Matrimonial Causes Act of 1973 relating to financial proceedings and divorce. Also, the CA 1989 (The Children Act of 1989) is a critical source of law concerning children welfare and upbringing; hence they must be made by the court on divorce.
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Essay Example. Legal Options Open to Laura to Bring Her Marriage to an End.. (2023, Aug 02). Retrieved from https://speedypaper.com/essays/legal-options-open-to-laura-to-bring-her-marriage-to-an-end
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