Family Law Book

	Preface
	Table of Cases
	Table of Statutes
	Table of Statutory Instruments
	Table of International Legislation
Pt. I	Marriage and Cohabitation
1	Introduction
2	Marriage
2.1	Marriage: a status
2.2	Grounds on which a marriage will be void
2.3	The effect of a void marriage
2.4	Grounds on which a marriage will be voidable
3	Nullity
3.1	Annulling voidable marriages
3.2	Nullity (MCA 1973, ss 11-13)
3.3	Grounds on which a marriage will be voidable
3.4	Bars to a nullity suit
3.5	Relationship between nullity and divorce
4	Legal Consequences of Marriage and Cohabitation
4.1	The marriage relationship
4.2	Consortium
4.3	Cohabitation
4.4	Marriage and cohabitation
4.5	The Staffordshire research
4.6	The future?
5	The Unmarried Family
5.1	Introduction
5.2	Current initiatives
5.3	Property disputes
5.4	Maintenance of the partner in life
5.5	Maintenance of the partner after death
5.6	Maintenance of children
5.7	Parental responsibility
5.8	Cohabitation contracts
5.9	Proposals for reform
5.10	Other discrimination
Pt. II	Divorce
6	Historical Introduction to Divorce
6.1	Origins of English divorce law
6.2	Matrimonial Causes Act 1857
6.3	Early 20th century reform
6.4	Divorce Reform Act 1969
7	The Modern Law of Divorce
7.1	Matrimonial Causes Act 1973
7.2	Matrimonial Causes Act 1973 in practice
7.3	Terminology in divorce suits
7.4	Jurisdiction
7.5	First year of marriage: the absolute bar on divorce
7.6	Alternatives during the first year
7.7	The relationship between divorce, financial and child proceedings
8	The Ground for Divorce, Adultery and Behaviour
8.1	The ground for divorce and the five Facts
8.2	Proof of the ground
8.3	Adultery: Fact A
8.4	Proof of the intolerability element of Fact A
8.5	Behaviour: Fact B
8.6	The importance of drafting an effective petition
9	Desertion and Constructive Desertion
9.1	Desertion: Fact C
9.2	The four elements of desertion
9.3	Timing
9.4	Problems in relation to the location of the matrimonial home
10	The Separation Decrees
10.1	Facts D and E
10.2	Two years' separation with the respondent's consent: Fact D
10.3	Five year's separation: Fact E
10.4	Choosing the strongest Fact on which to proceed
10.5	Practical considerations
10.6	Financial protection for reluctant respondents to Fact D and E petitions
10.7	The effects of cohabitation following marriage breakdown
11	Divorce Procedure
11.1	The relevance of procedure to the substantive law
11.2	Financing the divorce suit, ancillary relief proceedings and child disputes
11.3	The drawback of public funding
11.4	The divorce process
11.5	The 'directions' stage and the role of the Acknowledgment of Service
11.6	The Special Procedure
11.7	The role of children in divorce
Pt. III	Financial Consequences of Family Breakdown
12	Ancillary Relief: The Basic Law
12.1	Orders which the court may make
12.2	The court's discretionary jurisdiction
12.3	Applying for ancillary relief
12.4	The s 25 factors, s 25A and the ideal of spousal self-sufficiency
12.5	The court's considerations in exercising its discretion (MCA 1973, s 25(2)(b)-(h))
12.6	The clean break (MCA 1973, s 25A)
12.7	Clean break options
13	Quantum, Variation and Appeals Out of Time
13.1	Quantum - calculating spouse maintenance
13.2	Child maintenance
13.3	Variation
13.5	Appeals out of time
13.6	Varying Mesher orders
13.7	Claims in negligence against the applicant's solicitor or counsel
14	Ancillary Relief Procedure
14.1	Introduction
14.2	Starting the ancillary relief process
14.3	Form E
14.4	The order
14.5	Appeals
14.6	Consent orders (MCA 1973, s 33A)
14.7	Good practice in ancillary relief
15	Child Support
15.1	Introduction
15.2	The dual CSA-court application system
15.3	Child Support Acts 1991-95 as amended
15.4	Reform of the CSA regime
15.5	Prognosis for the future
15.6	Future settlement of child maintenance
15.7	Child maintenance and provision under the Children Act 1989
16	The Matrimonial Home
16.1	The policy of homes for all
16.2	Legal Services Commission statutory charge (AJA 1999, s 10(7))
16.3	Drafting of orders
17	Preventing Evasion of Liability or Enforcement of Orders
17.1	Preserving the assets against which orders are made
17.2	Matrimonial Causes Act 1973, s 37
17.3	Freezing and search orders and the writ ne exeat regno
17.4	Enforcement
18	Welfare Benefits and Tax on Relationship Breakdown
18.1	Introduction
18.2	Two types of benefits
18.3	Non-means tested benefits
18.4	Means tested benefits
18.5	Marriage breakdown and welfare benefit planning
18.6	Structuring the ancillary relief package to make the most of benefits
18.7	Tax considerations
18.8	The importance of taxation in ancillary relief
9	Financial Provision Without a Decree of Divorce, Nullity or Judicial Separation
19.1	Introduction
19.2	Domestic Proceedings and Magistrates' Courts Act 1978 in the Family Proceedings Court
19.3	Matrimonial Causes Act 1973, s 27
19.4	Separation and maintenance agreements
19.5	The effect on future financial applications of entering into an agreement
19.6	Which remedy?
20	Protecting the Home and Contents on Marriage Breakdown
20.1	Introduction
20.2	Preventing a sale or mortgage of owned homes
20.3	Statutory right of occupation under the Family Act 1996
20.4	Rights to pay the mortgage and in possession proceedings
20.5	Bankruptcy
20.6	Rights where the home is rented
20.7	Alternatives where the home cannot be saved
21	Ownership of the Home and Contents Outside Divorce Proceedings
21.1	Introduction
21.2	Applicants under the Married Women's Property Act 1882, s 17
21.3	Resulting or constructive trusts
21.4	Alternatives to a constructive trust
21.5	Personalty
21.6	Married Women's Property Act 1882, s 17 or the Matrimonial Causes Act 1973, s 24?
Pt. IV	Reform of the Law of Divorce, Separation on Marriage Breakdown and Ancillary Relief
22	Domestic Partnership Breakdown in the 21st Century
22.1	Introduction
22.2	The future
Pt. V	Domestic Violence
23	The Reformed Law of Domestic Violence
23.1	Introduction
23.2	Rights of occupation of a matrimonial home
23.3	Domestic violence injunctions
23.4	Occupation orders
23.5	Procedure
23.6	Variation
23.7	Committal for contempt
23.8	Transfer of tenancies
Pt. VI	Children
24	The Children Act 1989
24.1	Introduction
24.2	Parental responsibility
24.3	The non-intervention and no delay principles (CA 1989, s 1(5) and (2))
24.4	The welfare principle (CA 1989, s 1(1))
24.5	Children's rights
24.6	The children's guardians (formerly guardians ad litem)
24.7	Welfare reports
25	The Children Act 1989: Section 8 Orders
25.1	The portfolio of orders
25.2	Who may apply for s 8 orders
25.3	The alternative to a s 8 order: the Family Assistance Order (CA 1989, s 16)
25.4	Change of name or removal from the jurisdiction (CA 1989, s 13(1) and the prohibited steps order)
25.5	The statutory checklist (CA 1989, s 1(3))
26	The Children Act 1989: Public Law Orders
26.1	The new approach of Pts III-V of the Children Act 1989
26.2	The local authority's duty to accommodate (CA 1989, s 20)
26.3	Formal care order (CA 1989, s 31)
26.4	Supervision order as an alternative to care
26.5	Emergency orders (Ca 1989, ss 43 and 44)
26.6	Children Act procedure
26.7	Evidence
27	Wardship and the Inherent Jurisdiction
27.1	The relationship of wardship and the inherent jurisdiction to the Children Act 1989
27.2	Wardship or Children Act 1989?
27.3	The inherent jurisdiction
28	Child Abduction
28.1	Introduction
28.2	Child Abduction Act 1984
28.3	Dealing with abduction if prevention fails
28.4	Defences
28.5	The European Convention
28.6	Non-Convention cases
28.7	Which Convention?
29	Adoption
29.1	Introduction
29.2	General provisions of adoption law
29.3	Who can adopt and be adopted
29.4	Arranging adoptions
29.5	Parental agreement to adoption
29.6	Freeing for adoption
29.7	Adoption orders with conditions
29.8	Effects of adoption
30	Human Assisted Reproduction
30.1	Introduction
30.2	Who is the mother?
30.3	Who is the father?
30.4	Surrogacy
30.5	Abortion
	Further Reading
	Index