Family Law Dissertation Help
Family law is comprised of three main areas to work at, matrimonial, finance and children.
There is no organized system of law and the basis of a legal system are on the common law system. In the act of Parliament, family law is found, applied by Supreme Court and interpreted to create legal practice.
This includes: divorce, child abduction, adoption and parental reasonability. Family law can either be public or private and its cases are heard in both, in-country courts and family court proceedings. Both are under the code and conduct of family procedure rules.
Court System
Section 31A of MFPA 1984 developed a single family court from 2014 that exercises jurisdiction in most family legal proceedings. The business can sit and conduct by Family Court at any place in the UK. Under section 31D, the case is allocated according to the level of the judge. The Family Court Rules 2014 offers direction on the level of judge expected to be allocated to specific proceedings.
Matrimonial
Till the end of transition age, the English courts have jurisdictions in response to divorce and civil matters related to divorce under article 3(1) Brussels, if the following are coming forth:
The petitioner and accused are actual habitually living in England and Wales.
The petitioner and respondent were previously habitual residents of England and Wales and one of them continually resides there.
The petitioner is habitually residing in England and Wales and has resided there one year before the petition of divorce is presented.
The petitioner has the domicile of England and Wales and has been habitually resident there for six months before the petition is presented.
Property
Related to marriage couples, the court is capable of hearing a financial right relying on whether or not it has jurisdiction to hear a petition of divorce, or judicial separation (section 24, MCA 1973). Where both parties are sharing on the breakdown of their claims under the Trusts of Land and Appointments of Trustee's Act 1996 for an equal share in the property solely belonging to one party.
Children
Till the end of a transition period, the parental responsibility in England and Wales depends on the child's habitual residents according to jurisdiction matters (Article 8, Brussels II bis Regulation). Jurisdictions can depend on the child`s physical presence in England and Wales if he/she is a habitual resident in England and Wales (Article 13, Brussels II bis Regulation). In the condition of International cases, if the Brussels II bis Regulation does not imply, the court will jurisdictions under the FLA 1986.
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Family law is a subfield of the English legal System and it combines common and civil law together. The Legal system and common law have gradually evolved with lots of changing amendments. This too happened with family law due to the complex situations according to the times and conditions.
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