Family Law, Unit 12

family law
  * body of law which attempts to regulate the internal (1)_____________ within the family and the
relationship of the family to the (2)_____________ world
  * deals with marriage, (3)_____________, (4)_____________, child (5)_____________ and support and
other domestic-relations issues


children:

legitimate child (= a child (6)_____________ or born in wedlock)

       X

(7)_____________ child (= a child born outside a legitimate marriage):
  * has fewer rights to financial support from (8)_____________
  * may be legitimated by the (9)_____________ of his/her parents


marriage:

capacity to marry in England – the parties are:

a)      not within the prohibited degrees of  (10)_____________

b)      over the age of 16

c)      not already (11)_____________

d)      respectively male and (12)_____________

termination of marriage:

1)      by (13)_____________ of one of the spouses

2)      by judgment of (14)_____________ (nullification of marriage):

Ø  void marriage – e.g. (15)_____________, _____________, _____________

Ø  voidable marriage – e.g. (16) _____________, _____________, _____________

3)      by divorce


divorce under English law:

·         parties: (17)_____________ X (18)_____________

·         the marriage lasts at least a (19)_____________

·         the marriage has broken down (20)_____________ - without any chance of (21)_____________

·         petitioner must prove one of five things:

o   respondent committed (22)_____________ (had sex with someone else)

o   respondent’s behaviour has been (23)_____________

o   the respondent (24)_____________ the petitioner at least two years previously

o   the couple has lived apart for two years and both (25)_____________ to a divorce

o   the couple have lived apart for (26)_____________ years
  * making satisfactory arrangements for the (27)_____________ - custody, maintaining contact,
financial arrangements
  * agreement on dividing the property – the court follows two principles:

o   the division should fairly reflect (28)_____________ of each party (money, caring for the
family, (29)_____________ support)

o   (30)_____________ of the parties


division of the property of spouses:

a)      (31)_____________ property – all property acquired by the husband or wife during the
marriage other than by gift or inheritance; the earnings are (32)_____________ equally during the
marriage and upon dissolution it is divided (33)_____________

b)      (34)_____________ property – property brought into the marriage by one spouse or acquired
by one spouse during marriage by (35)_____________ or (36)_____________; it must remain separate
and cannot be treated as (37)_____________ property