Family Law coursework Essay Example | Topics and Well Written Essays - 1250 words

Family Law coursework - Essay ExampleIf its proved not to be, in that location could be a long custody battle and who knows what other kinds of problems. The fact that the vicar, Leonie, was doing a test-run marriage ceremony is of no consequence as long as there is proof that both parties actually went through with the ceremony. Moreover, the Family Law Act 1996 states that an application for divorce can and be made if the couple pay been unify for a year or more and the only ground for a divorce petition is that the marriage has irretrievably broken down.1 Obviously, since Myles and Emilia subscribe to been married for more than one yearand since Emilia is having destructive fits of sortsthis could definitely apply to your situation as having been broken down. More so, you, Mr. McHenty, have every efficacious reason to receive benefits even though you dont have a prenuptial agreement. In the court case Parlour v Parlour,2 beam of light Parlour was ordered to give a significa nt portion of his wealthiness and assets to his wife. It was a shocking case because Mr. Parlour obviously did not have a prenuptial agreementwhich, in the end, hurt him. Similarly, in your case it may hurt Emilia the most that she did not draw up a prenup considering the wealth of estate with which shes been entrusted by a relative. ... favor besides the fact of the missing prenuptial agreement is that Emilia has accustomed you to a certain course of life that you would not have had had it not been for the estate which had been so graciously bestowed upon herand which, she shared with you, at least in the beginning. In Miller v Miller,4 it was control that multimillionaire Alan Miller had to pay five million pounds to his former wife of three years, for several reasonsbut one of them namely being that he had hoped his wife would have a better standard of living. Therefore, since Emilia had rights to the estate, you are in even better of a position as someone who doesnt have the aforementioned(prenominal) wealth as she does. Therefore, you are allowed to earn some type of spousal support from her, as the case may be. For example, in McFarlane v McFarlane,5 it was ruled by the courts that Mrs. McFarlane should be allowed to par fulfill of the high income of her former husband. That notwithstanding, there is another case, White v White,6 which proved that needs and reasonable requirements should be taken into account in divorce proceedings, rather than just a simple mathematical calculation which would take care of the question of equitable division of the assets. This means that not only must Emilia share her assets, but they must be divided up in such a manner that is fair. Of course, it is up to the courts to decide what constitutes virtue however, the case is once again going to be in your favour. With regard to living arrangements, the courts will make a suitable argument that will take care of your needs indefinitely. III. Whether Local Social Service s Could Take Your Son Into Its Care Now, as to whether local social services could take your son into its care, is an only if different matter altogether. In