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Ancillary Relief
In English law, an application for financial relief following the presentation of a petition for divorce, nullity or judicial separation used to be described as ancillary relief. The term arose because the financial application was 'ancillary' to the petition. However, the term was discarded by the Family Procedure Rules 2010 which substituted it with the term "application for a financial order". Explanation The courts powers derive in large part from the Matrimonial Causes Act 1973, and in particular section 25(2) which sets out the statutory checklist of factors that should be taken into account. The court can order lump sum payments, property adjustment orders (e.g. requiring a property is transferred into the ownership of a husband or wife), periodical payments (known as 'maintenance') and (from 2000) pension sharing orders. Maintenance orders can be given on nominal or specific terms. Nominal orders operate on the basis that if the court makes no order for maintenance (known ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nullity (conflict)
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another. The choice of law The standard choice of law rules for adjudicating on issues relating to marriage represent a balance between the various public policies of the laws involved: Status and capacity Status and capacity are defined by the personal laws of the parties, namely: * the '' lex domicilii'' or law of the domicile in common law states, and * either the '' lex patriae'' or law of nationality, or law of habitual residence in civil law states). The personal laws will usually define status in rem so that it is recognised wherever the individual may travel subject only to significant public policy limits. Hence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Separation
Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. ' separation is a legal Latin phrase which means "from table and bed", often translated as "from bed and board", in which "board" is a word for "table". Separation ' is essentially a separation that is sanctioned by a court order, mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Relief for Parties to Marriage and Children of Family # Protection, Custody, etc., of Children # Miscellaneous and Supplemental Section 1 sets out the grounds that must be demonstrated before a divorce can be granted. These five grounds were adultery, behaving "in such a way that the petitioner cannot reasonably be expected to live", desertion for two years, two years of separation with the consent of the parties, or five years of separation. Following the decision of the Supreme Court of the United Kingdom in ''Owens v Owens'', Parliament passed the Divorce, Dissolution and Separation Act 2020, which has removed these conditions. Section 13 provides for certain restrictions in regard to the possibility of annulling voidable marriages, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White V White 2001
''White v White'' is an English family law decision by the House of Lords, and a landmark case in redistribution of finances as well as property on divorce. This case involved a couple with assets exceeding £4.5m which was deemed more than either needs for their reasonable requirements. It was held that the absence of financial need did not mean departing from a more generous settlement for an applicant in big money cases. This, therefore, enables the courts to make settlements reflecting the wealth of the parties, and not just their needs and requirements. It is clear from Lord Nicholls' leading speech that he intended much of what he said to apply to all matrimonial financial proceedings, not just big money ones. He said that in all cases, regardless of division of assets, a judge would always be well advised to check his tentative views (on distribution of assets) against the "yardstick of equality of division". This was not to introduce a presumption of equality in all case ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United Kingdom
The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English and Welsh law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law (as a result of the passage of Welsh devolution and the Government of Wales Act 2006 by Parliament). Overarching these systems is the law of the United Kingdom, also known as United Kingdom law (often abbreviated UK law), or British law. UK law arises from laws applying to the United Kingdom and/or its citizens as a whole, most obviously constitutional law, but also other areas - for instance, tax law. In fulfilment of its former EU treaty obligations, European Union directives were actively transposed into the UK legal systems under the UK parliament's law-making power. Upon Brexit, EU law was transplanted into domestic law as "retained EU law", though the UK remained temporarily in alignment with EU regulations during the transition period from 31 Janu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
