A practical approach to family law / Jill Black, DBE [and five others].

Format:

Book

Author/Creator:

Black, Jill M., 1959- author.

Bridge, A. Jane, author.

Bond, Tina, 1952- author.

Grewcock, Penelope, author.

Gribbin, Liam, author.

Reardon, Madeleine, author.

Series:

Practical approach series.

A practical approach

Language:

English

Subjects (All):

Domestic relations--England.

Domestic relations.

Domestic relations--Wales.

Physical Description:

1 online resource (lvi, 475 pages) : illustrations.

Edition:

Tenth edition.

Place of Publication:

Oxford, England : Oxford University Press, [2015]

Summary:

Family Law practice has undergone a period of rapid and significant change with the removal of legal aid funding and the establishment of the single Family Court in particular represent major adjustment for those working in the field. A Practical Approach to Family Law provides a clear picture of the law and practice relating to family proceedings in the family court, county courts, and the High Court. Its breadth of coverage and accessible style has made itan essential resource for students and practitioners alike. In an area which continues to evolve this text is a trusted and reliable resource for busy practitioners. It's clear and accessible style make it an ideal tool for both students on LPC and ILEX courses and those in practice. Providing practical advice on the application of legal principles alongside helpful summaries the text gives a detailed overview of a broad range of family law issues.Written by a respected and authoritative team, the tenth edition of A Practical Approach to Family Law has been fully updated to take account of recent developments including the changes to legal aid for family cases and the introduction of the single family court; new rules on the instruction of experts; new approach to care proceedings and court-enforced timetable to avoid delay; and the replacement of residence and contact orders with child arrangements orders. There is alsoincreased coverage of adoption alongside key material on mediation, child support and welfare benefits.Very much a practical guide, the book makes extensive use of examples and key documents to assist the busy practitioner and student. With additional advice on library, information, and professional development resources, A Practical Approach to Family Law provides real assistance in dealing with this dynamic area of law. The A Practical Approach series is the perfect partner

for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.

Contents:

Intro

A Practical Approach To family Law

Cover

Copyright

Contents Summary

Contents

Table of Cases

Table of Statutes

Table of Statutory Instruments

Practice Directions

Table of European Legislation

List of Forms

Law Society's Family Law Protocol 2010

List of Abbreviations

PART I FAMILY LAW PRACTICE

1 FAMILY LAW PRACTICE-SETTING THE SCENE, THE FIRST INTERVIEW, AND NEXT STEPS

A SETTING THE SCENE-PRELIMINARY POINTS

B THE FIRST INTERVIEW

C MATTERS TO BE COVERED WHEN TAKING INSTRUCTIONS

D NEXT STEPS-TAKING ACTION ON THE CLIENT'S BEHALF

E KEY DOCUMENTS

2 PUBLIC FUNDING FOR FAMILY PROCEEDINGS

A INTRODUCTION

B WHICH AREAS OF FAMILY LAW ARE COVERED?

C EVIDENCE OF DOMESTIC ABUSE

D EVIDENCE THAT CHILDREN ARE AT RISK

E FUNDING FOR MEDIATION

3 FAMILY MEDIATION AND COLLABORATIVE LAW

B THE MEANING OF MEDIATION

C MEDIATION MODELS

D MEDIATION, THE FAMILY PROCEDURE RULES 2010, AND THE FAMILY LAW PROTOCOL

E LEGAL AID FOR MEDIATION

F FAMILY LAW PROTOCOL

G THE MEDIATION PROCESS

H COLLABORATIVE LAW

I KEY DOCUMENTS

J USEFUL CONTACTS AND WEBSITES

4 THE FAMILY COURT

B THE COMPOSITION OF THE FAMILY COURT

C ISSUE, ALLOCATION, AND GATEKEEPING

D GUIDANCE

PART II FAMILY LIFE

5 THE GROUND FOR DIVORCE AND THE FIVE FACTS

A A NOTE ON TERMINOLOGY

B THE GROUND FOR DIVORCE

C THE FIVE FACTS

D IRRETRIEVABLE BREAKDOWN

E ADULTERY: S 1(2)(a)

F BEHAVIOUR: S 1(2)(b)

G ESTABLISHING AS A MATTER OF FACT THAT THE PARTIES ARE LIVING APART

H DESERTION: S 1(2)(c)

I TWO YEARS' SEPARATION AND CONSENT: S 1(2)(d)

J FIVE YEARS' SEPARATION: S 1(2)(e)

K THE EFFECT OF LIVING TOGETHER IN RELATION TO THE FIVE FACTS: S 2

L CHAPTER SUMMARY

M KEY DOCUMENTS.

6 BAR ON FILING DIVORCE PETITIONS WITHIN ONE YEAR OF MARRIAGE

A ABSOLUTE ONE-YEAR BAR

B BAR NOT APPLICABLE TO NULLITY PETITIONS

C ALTERNATIVE COURSES OF ACTION FOR THE FIRST YEAR OF MARRIAGE

D WHEN THE FIRST YEAR IS UP

E CHAPTER SUMMARY

F KEY DOCUMENTS

7 JURISDICTION IN DIVORCE, NULLITY, JUDICIAL SEPARATION, AND PROCEEDINGS TO DISSOLVE A CIVIL PARTNERSHIP

B JURISDICTION FOR DIVORCE: S 5, DOMICILE AND MATRIMONIAL PROCEEDINGS ACT 1973

C THE MEANING OF HABITUAL RESIDENCE

D THE MEANING OF DOMICILE

E JURISDICTION IN RELATION TO MARRIAGE OF SAME-SEX COUPLES

F JURISDICTION FOR DISSOLUTION OF A CIVIL PARTNERSHIP

G RECOGNITION OF FOREIGN DECREES

H CHAPTER SUMMARY

8 DRAFTING A DIVORCE PETITION

B THE CONTENTS OF THE PETITION

C NOTES ON DRAFTING THE PETITION

D KEY DOCUMENTS

9 UNDEFENDED DIVORCE: PROCEDURE FOR OBTAINING THE DECREE

A DOCUMENTS REQUIRED

B COMMENCEMENT OF PROCEEDINGS

C FEE

D ADDITIONAL MATTERS WHERE THE SOLICITOR IS ACTING

E ENTRY IN COURT BOOKS

F SERVICE OF THE PETITION

G RETURN OF THE ACKNOWLEDGMENT OF SERVICE

H WHEN DECREE NISI CAN BE GRANTED

I APPLYING FOR THE DECREE NISI

J GRANTING THE DECREE NISI

K PRONOUNCEMENT OF DECREE NISI

L CASES REFERRED TO THE JUDGE

M DECREE ABSOLUTE

N PROCEDURE FOR DISSOLUTION OF A CIVIL PARTNERSHIP

O KEY DOCUMENTS

10 AMENDED, SUPPLEMENTAL, AND NEW PETITIONS

B AMENDMENT, SUPPLEMENTAL PETITION, OR FRESH PETITION?

C PROCEDURE FOR AMENDMENT

D SUPPLEMENTAL PETITIONS

E FRESH PETITIONS

F CHAPTER SUMMARY

11 DEFENDED DIVORCES

A GENERAL

B FUNDING FOR DEFENDED DIVORCES

C OUTLINE OF PROCEDURE IN A DEFENDED CAUSE

D KEY DOCUMENTS.

12 PROTECTION OF RESPONDENTS IN SEPARATION CASES: SECTIONS 5 AND 10, MATRIMONIAL CAUSES ACT 1973

B SECTION 5, MATRIMONIAL CAUSES ACT 1973-GRAVE FINANCIAL OR OTHER HARDSHIP

C SECTION 10, MATRIMONIAL CAUSES ACT 1973

D RESCISSION OF THE DECREE NISI IN OTHER CIRCUMSTANCES

E PROTECTION FOR RESPONDENT CIVIL PARTNERS

G KEY DOCUMENTS

13 JUDICIAL SEPARATION

A WHAT IS A DECREE OF JUDICIAL SEPARATION?

B THE GROUNDS FOR JUDICIAL SEPARATION: S 17, MATRIMONIAL CAUSES ACT 1973

C THE APPLICATION OF SS 6 AND 7, MATRIMONIAL CAUSES ACT 1973 TO JUDICIAL SEPARATION

D NO TIME RESTRICTION ON PETITION

E SECTION 5, MATRIMONIAL CAUSES ACT 1973 NOT APPLICABLE

F SECTION 10, MATRIMONIAL CAUSES ACT 1973 NOT APPLICABLE

G THE PROCEDURE FOR SEEKING A DECREE OF JUDICIAL SEPARATION

H THE EFFECT OF THE DECREE: S 18, MATRIMONIAL CAUSES ACT 1973

I SUBSEQUENT DIVORCE: S 4, MATRIMONIAL CAUSES ACT 1973

J REASONS FOR SEEKING JUDICIAL SEPARATION

K CHAPTER SUMMARY

14 COHABITANTS

B PROTECTION FROM VIOLENCE

C INHERITANCE

D STATUS OF CHILDREN

E FINANCIAL PROVISION AND THE SIGNIFICANCE OF THE CHILD SUPPORT ACT 1991

F OWNERSHIP AND OCCUPATION OF PROPERTY

G COHABITATION CONTRACTS

H COHABITATION-THE FUTURE?

15 CIVIL PARTNERSHIP ACT 2004

B FORMATION OF A CIVIL PARTNERSHIP

C TERMINATION OF CIVIL PARTNERSHIPS

D FINANCIAL RELIEF UPON TERMINATION

E CHILDREN

F CIVIL PARTNERSHIP HOMES AND DOMESTIC VIOLENCE

16 NULLITY

B THE NEED FOR A NULLITY DECREE

C VOID MARRIAGES: S 11

D VOIDABLE MARRIAGES: S 12

E BARS TO RELIEF WHERE THE MARRIAGE IS VOIDABLE: S 13, MATRIMONIAL CAUSES ACT 1973

F PROCEDURE FOR A DECREE OF NULLITY

G EFFECT OF A DECREE OF NULLITY

H NULLITY PROCEEDINGS AND CIVIL PARTNERSHIP.

I CHAPTER SUMMARY

17 GENDER RECOGNITION ACT 2004

B PROSPECTIVE CHANGES

C KEY DOCUMENTS

D USEFUL WEBSITES

PART III CHILDREN

18 THE CHILDREN ACT 1989: GENERAL PRINCIPLES, PARENTAL RESPONSIBILITY ORDERS IN FAMILY PROCEEDINGS, SECTION 8 ORDERS, GUARDIANSHIP AND SPECIAL GUARDIANSHIP ORDERS, AND FINANCIAL PROVISION AND PROPERTY ADJUSTMENT FOR CHILDREN

B GENERAL PRINCIPLES

C PARENTAL RESPONSIBILITY

D GUARDIANSHIP

E SPECIAL GUARDIANSHIP ORDERS

F ORDERS IN FAMILY PROCEEDINGS

G SECTION 8 ORDERS

H CHILD ARRANGEMENTS ORDERS

I PROHIBITED STEPS ORDERS

J SPECIFIC ISSUE ORDERS

K INTERIM ORDERS AND SUPPLEMENTARY PROVISIONS

L SETTLING CHILD ARRANGEMENTS DISPUTES

M VARIATION OF S 8 ORDERS

N FAMILY ASSISTANCE ORDERS

O WARDSHIP AND THE COURT'S INHERENT JURISDICTION

P FINANCIAL PROVISION AND PROPERTY ADJUSTMENT FOR CHILDREN

Q KEY DOCUMENTS

R USEFUL WEBSITES

19 PROCEDURE FOR ORDERS UNDER THE CHILDREN ACT 1989

A THE FAMILY COURT-JURISDICTION AND ALLOCATION OF PROCEEDINGS

B PROCEDURE

20 PREVENTING THE REMOVAL OF A CHILD FROM THE JURISDICTION AND TRACING A LOST CHILD

A FAMILY LAW ACT 1986

B REMOVAL FROM THE UK

C TRACING A LOST CHILD

21 CHILDREN IN LOCAL AUTHORITY CARE

A INTRODUCTION-CHILDREN AND LOCAL AUTHORITIES

B APPLICATIONS FOR CARE AND SUPERVISION ORDERS: THE PUBLIC LAW OUTLINE: FPR 2010, PD12A

C CARE AND SUPERVISION ORDERS

D ADOPTION AND PLACEMENT FOR ADOPTION

E PUBLIC FUNDING

F APPEALS

22 EMERGENCY PROTECTION OF CHILDREN

B CHILD ASSESSMENT ORDERS

C EMERGENCY PROTECTION ORDERS

D POLICE PROTECTION

E RECOVERY ORDERS

PART IV MONEY AND PROPERTY

23 THE HOME: PREVENTING A SALE OR MORTGAGE.

A THE PROBLEM

B HOUSE IN JOINT NAMES

C HOUSE IN SOLE NAME OF ONE SPOUSE

D BANKRUPTCY AND THE FAMILY HOME

24 KEEPING UP WITH THE MORTGAGE OR RENT

B STEPS THAT CAN BE TAKEN

C SPECIAL PROVISIONS OF THE FAMILY LAW ACT 1996

25 WELFARE BENEFITS

PART 1 INCOME SUPPORT

B INTRODUCTION

C INCOME SUPPORT

D THE SOCIAL FUND

PART 2 UNIVERSAL CREDIT

E INTRODUCTION

PART 3 TAX CREDITS

F THE CHILD TAX CREDIT

G THE WORKING TAX CREDIT

PART 4 HOUSING BENEFIT

H WHO QUALIFIES?

I WHAT PAYMENTS WILL BE MADE?

J AMOUNT OF HOUSING BENEFIT

K COUNCIL TAX BENEFIT

PART 5 CHILD BENEFIT

L CHILD BENEFIT

26 THE QUESTION OF WILLS

A CIVIL PARTNERSHIPS AND SAME-SEX MARRIAGES

B THE NEED TO CONSIDER WHAT WILL HAPPEN ON CLIENT'S DEATH

C THE EFFECT OF MARRIAGE ON A WILL

D THE EFFECT OF DIVORCE, JUDICIAL SEPARATION, AND NULLITY ON SUCCESSION

E STEPS TO BE TAKEN

F INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

G IMPORTANCE OF CONSIDERING SUCCESSION

H APPOINTING A GUARDIAN FOR CHILDREN

27 NEGLECTING TO MAINTAIN THE FAMILY, SECTION 27, MATRIMONIAL CAUSES ACT 1973

A THE PROBLEM

B GROUNDS FOR APPLICATION

C JURISDICTION

D ORDERS THAT CAN BE MADE

E WHEN WILL A COURT MAKE AN ORDER UNDER S 27?

F PROCEDURE

G INTERIM ORDERS

H SECTION 27 COMPARED WITH DOMESTIC PROCEEDINGS AND MAGISTRATES' COURTS ACT 1978

28 NUPTIAL AGREEMENTS: SEPARATION, POST AND PRE-NUPTIAL

A WHAT ARE NUPTIAL AGREEMENTS?

B THE FORM OF A NUPTIAL AGREEMENT

C WHAT A NUPTIAL AGREEMENT CANNOT DO

D LIKELY CONTENTS OF SEPARATION AGREEMENTS

E EFFECT OF A SEPARATION AGREEMENT

F WHY HAVE A SEPARATION AGREEMENT

G ENFORCEMENT

H IMPACT OF NUPTIAL AGREEMENTS ON FINANCIAL ARRANGEMENTS AFTER DIVORCE, ETC

29 FINANCIAL ORDERS AVAILABLE

A INTRODUCTION.

B MAINTENANCE PENDING SUIT: S 22, MATRIMONIAL CAUSES ACT 1973.

Notes:

Includes index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Other Edition:

Revision of: 9th ed. Oxford : Oxford University Press, 2012

ISBN:

0-19-105850-5

0-19-105849-1

OCLC:

958506708