Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Family: Case Law, Legislation, Links 08-03-17

Family Law, Children, Adoption

Family: Case Law, Legislation, Links 08-03-17

Postby dls » Wed Mar 08, 2017 10:29 am

Marriage, divorce, partnerships, ancillary relief
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    A, Re (Disclosure of Third Party Information); FD 16-Feb-2012 - The mother and father disputed contact. It was known that a third party had made a confidential allegation of sexual abuse against the father. Disclosure was sought. The application was resisted on the basis that the woman’s own health would be damaged.
    Bendall -v- McWhirter; CA 1952 - The trustee in the husband’s bankrupty, by virtue of his statutory position, was subject to the same special restriction as would prevent the husband himself from evicting his wife.
    CM -v- STS; SCS 2-Sep-2008 - The pursuer sought payment of substantial sums, having been disadvantaged by ceasing work to care for the parties’ children. She also asserted that the defender had been advantaged by her taking the care of the children. The parties were not married but had lived together, and a sum could now be claimed on cessation under the 1996 Act. The defender had fallen into arrears with his payments to the Child Support Agency.
    Gojkovic -v- Gojkovic (No 2); CA 1-Apr-1991 - In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of £600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of £1 million. The judge made no order as to costs after the date when the wife’s solicitors had rejected an earlier, lower, offer by the husband.
    Golubovich -v- Golubovich; CA 21-May-2010 - The court was asked to rule as to the recognition of a foreign (Moscow) decree of divorce obtained in breach of a Hemain injunction. The Russian proceedings had got to a stage requiring H positively to apply to prevent the decree.
    Gow -v- Grant; SC 24-May-2012 - The parties had lived together as an unmarried couple, but separated. Mrs Gow applied under the 2006 Act for provision. Mr Grant’s appeal succeeded at the Inner House, and Mrs Gow now herself appealed.
    Hemain -v- Hemain; 1988 - The court confirmed its the power to grant a temporary injunction restraining the party from pursuing proceedings in a foreign jurisdiction to prevent that party from obtaining unfair advantage. The injunction would typically preserve the status quo pending an application or trial.
    Jones -v- Padavatton; CA 29-Nov-1968 - A mother had persuaded her daughter to come to England to study for the Bar, promising to allow her to stay in her house Several years later, the daughter had still not passed any Bar examinations. They fell out, and the mother sought possession of the house. The daughter said that there had been a contract.
    Radmacher (Formerly Granatino) -v- Granatino; SC 20-Oct-2010 - The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, restricting his ancillary relief.
    Udny -v- Udny; HL 1869 - The House considered the domicile of the respondent’s father at the time of the respondent’s birth. The father had been born in Scotland but had left Scotland and taken a lease of a house in London. He had a castle in Scotland but that was not habitable. He visited Scotland frequently but had no residence there.
Legislation:
    1855
    1882
    1922
    1935
      Law Reform (Married Women and Tortfeasors) Act 1935 / 30 -|- Case law -|- See Also: Torts - Other, Damages
      An Act to amend the law relating to the capacity, property, and liabilities of married women, and the liabilities of husbands; and to amend the law relating to proceedings against, and contribution between, tortfeasors.
    1949
      Marriage Act 1949 / 76 -|- Case law
      An Act to consolidate certain enactments relating to the solemnization and registration of marriages in England with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949.
      Law Reform (Miscellaneous Provisions) Act 1949 / 100 -|- Case law -|- See Also: Children
      An Act to amend the law relating to divorce and other matrimonial proceedings, the admissibility of evidence as to access, the charge and payment of percentage under the Lunacy Act, 1890, and towards of court; and for purposes connected therewith.
    1956
    1958
      Matrimonial Proceedings (Children) Act 1958 / 40 -|- Case law -|- See Also: Children
      An Act to extend the powers of courts to make orders in respect of children in connection with proceedings between husband and wife and to require arrangements with respect to children to be made to the satisfaction of the court before the making of a decree in such proceedings.
      Matrimonial Causes (Property and Maintenance) Act 1958 / 35 -|- Case law
      An Act to enable the power of the court in matrimonial proceedings to order alimony, maintenance or the securing of a sum of money to be exercised at any time after a decree; to provide for the setting aside of dispositions of property made for the purpose of reducing the assets available for satisfying such an order; to enable the court after the death of a party to a marriage which has been dissolved or annulled to make provision out of his estate in favour of the other party; and to extend the powers of the court under section seventeen of the Married Women’s Property Act, 1882.
      Marriage Acts Amendment Act 1958 / 29 -|- Case law
      An Act to enable certain places of worship to be registered for marriages less than twelve months after first being used for worship; and for purposes connected with the matter aforesaid.
      Maintenance Orders Act 1958 / 39 -|- Case law
      An Act to make provision for the registration in the High Court or a magistrates’ court of certain maintenance orders made by the order of those courts or a county court and with respect to the enforcement and variation of registered orders; to make provision for the attachment of sums falling to be paid by way of wages, salary or other earnings or by way of pension for the purpose of enforcing certain maintenance orders; to amend section seventy-four of the Magistrates’ Courts Act, 1952; to make provision for the review of committals to prison by magistrates’ courts for failure to comply with maintenance orders; to enable Orders in Council under section twelve of the Maintenance Orders (Facilities for Enforcement) Act, 1920, to be revoked or varied; and for purposes connected with the matters aforesaid.
    1960
    1962
    1965
      Matrimonial Causes Act 1965 / 72 -|- Case law -|- See Also:, Children, Immigration
      An Act to consolidate certain enactments relating to matrimonial causes, maintenance and declarations of legitimacy and British nationality, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.
    1970
      Law Reform (Miscellaneous Provisions) Act 1970 / 33 -|- Case law -|- See Also:, Contract, Torts - Other, Children
      An Act to abolish actions for breach of promise of marriage and make provision with respect to the property of, and gifts between, persons who have been engaged to marry; to abolish the right of a husband to claim damages for adultery with his wife; to abolish actions for the enticement or harbouring of a spouse, or for the enticement, seduction or harbouring of a child; to make provision with respect to the maintenance of survivors of void marriages; and for purposes connected with the matters aforesaid.
    1973
      Matrimonial Causes Act 1973 / 18 -|- Case law -|- See Also:, Children, Immigration
      An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
      Domicile and Matrimonial Proceedings Act 1973 / 45 -|- Case law
      An Act to amend the law relating to the domicile of married women and persons not of full age, to matters connected with domicile and to jurisdiction in matrimonial proceedings including actions for reduction of consistorial decrees; to make further provision about the recognition of divorces and legal separations; and for purposes connected therewith.
    1975
      Inheritance (Provision for Family and Dependants) Act 1975 / 63 -|- Case law -|- See Also: Wills and Probate
      An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith.
    1976
    1987
      Family Law Reform Act 1987 / 42 -|- Case law -|- See Also:, Children, Wills and Probate
      An Act to reform the law relating to the consequences of birth outside marriage; to make further provision with respect to the rights and duties of parents and the determination of parentage; and for connected purposes.
    1988
      Matrimonial Proceedings (Transfers) Act 1988 / 18 -|- Case law -|- See Also: Litigation Practice
      An Act to empower the High Court to transfer to county courts certain matrimonial proceedings and to validate certain High Court orders purporting to transfer such proceedings to county courts; and for connected purposes.
    1990
    1991
      Maintenance Enforcement Act 1991 / 17 -|- Case law
      An Act to make provision as to the methods of payment, and the variation of the methods of payment, under maintenance orders made by the High Court and county courts; to re-enact with modifications certain provisions relating to the making and variation of orders requiring money to be paid periodically; to make further provision as to the making, variation and enforcement by magistrates’ courts of maintenance orders; to make further provision about proceedings by clerks of magistrates’ courts in relation to arrears under certain orders requiring money to be paid periodically; to make further provision as to maintenance orders registered in, or confirmed by, magistrates’ courts or registered in the High Court; to extend the power to make attachment of earnings orders in the case of maintenance orders; to amend section 10 of the Courts and Legal Services Act 1990; and for connected purposes.
    1994
      Marriage Act 1994 / 34 -|- Case law
      An Act to amend the Marriage Act 1949 so as to enable civil marriages to be solemnized on premises approved for the purpose by local authorities and so as to provide for further cases in which marriages may be solemnized in registration districts in which neither party to the marriage resides; and for connected purposes.
    1995
      Private International Law (Miscellaneous Provisions) Act 1995 / 42 -|- Case law -|- See Also: Litigation Practice, International, Torts - Other
      An Act to make provision about interest on judgment debts and arbitral awards expressed in a currency other than sterling; to make further provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes.
    1996
      Family Law Act 1996 / 27 -|- Case law -|- See Also:, Legal Aid, Housing
      An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.
    2000
      Child Support, Pensions and Social Security Act 2000 / 19 -|- Explanatory Note -|- Case law -|- See Also: Child Support, Benefits
      An Act to amend the law relating to child support; to amend the law relating to occupational and personal pensions and war pensions; to amend the law relating to social security benefits and social security administration; to amend the law relating to national insurance contributions; to amend Part III of the Family Law Reform Act 1969 and Part III of the Family Law Act 1986; and for connected purposes.
    2002
    2003
    2004
      Gender Recognition Act 2004 / 7 -|- Explanatory Note -|- Case law -|- See Also: Administrative
      An Act to make provision for and in connection with change of gender.
      Domestic Violence, Crime and Victims Act 2004 / 28 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Criminal Practice, Criminal Sentencing
      An Act to amend Part 4 of the Family Law Act 1996, the Protection from Harassment Act 1997 and the Protection from Harassment (Northern Ireland) Order 1997; to make provision about homicide; to make common assault an arrestable offence; to make provision for the payment of surcharges by offenders; to make provision about alternative verdicts; to provide for a procedure under which a jury tries only sample counts on an indictment; to make provision about findings of unfitness to plead and about persons found unfit to plead or not guilty by reason of insanity; to make provision about the execution of warrants; to make provision about the enforcement of orders imposed on conviction; to amend section 58 of the Criminal Justice Act 2003 and to amend Part 12 of that Act in relation to intermittent custody; to make provision in relation to victims of offences, witnesses of offences and others affected by offences; and to make provision about the recovery of compensation from offenders.
      Civil Partnership Act 2004 / 33 -|- Explanatory Note -|- Case law
      An Act to make provision for and in connection with civil partnership.
      Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 / 19 -|- Explanatory Note -|- Case law -|- See Also: Immigration, Crime, Human Rights
      An Act to make provision about asylum and immigration.
    2006
      Work and Families Act 2006 / 18 -|- Explanatory Note -|- Case law -|- See Also:, Employment
      An Act to make provision about statutory rights to leave and pay in connection with the birth or adoption of children; to amend section 80F of the Employment Rights Act 1996; to make provision about workers' entitlement to annual leave; to provide for the increase in the sums specified in section 186(1) and 227(1) of that Act; and for connected purposes. 9
    2007
    2010
      Marriage (Wales) Act 2010 / 6 -|- Case law -|- See Also:, Wales
      An Act to enable persons to be married in a place of worship in a parish in the Church in Wales with which they have a qualifying connection; and for connected purposes.
      Children, Schools and Families Act 2010 / 26 -|- Explanatory Note -|- Case law -|- See Also: Children, Education
      An Act to make provision about children with disabilities or special educational needs, school and other education, and governing bodies' powers; to make provision amending the Education Acts; to make provision about Local Safeguarding Children Boards; and to make provision about publication of information relating to family proceedings.
    2011
      Family Procedure Rules 2011 / 2955 -|- Explanatory Note -|- Case law
      The Family Procedure Rule Committee makes the following rules in exercise of the powers conferred by sections 75 and 76 of the Courts Act 2003, section 18(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, sections 12 and 48 of the Civil Jurisdiction and Judgments Act 1982, sections 10 and 24 of the Child Abduction and Custody Act 1985, section 97(1) of the Children Act 1989, section 54(1) of the Access to Justice Act 1999, sections 52(7), 102, 109(2) and 141(1) and (3) of the Adoption and Children Act 2002, after consulting in accordance with section 79 of the Courts Act 2003.
    2012
    2013
      Marriage (Same Sex Couples) Act 2013 / 30 -|- Explanatory Note -|- Case law
      An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes.
    2014
      Marriage and Civil Partnership (Scotland) Act 2014 / asp 5 -|- Case law -|- See Also: Scotland
      An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes.
      Immigration Act 2014 / 22 -|- Explanatory Note -|- Case law -|- See Also: Immigration, Employment
      An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom's vital interests; and for connected purposes.
      Children and Families Act 2014 / 6 -|- Case law -|- See Also: Children, Education, Adoption
      An Act to make provision about children, families, and people with special educational needs or disabilities; to make provision about the right to request flexible working; and for connected purposes.

Links:
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12088
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Return to Family Law

Who is online

Users browsing this forum: No registered users and 1 guest