Family Law: Dealing with Domestic Violence and Property Distribution

Family Law

Table of Contents
aMAIN BODY................................................................................................................................3
Question 1........................................................................................................................................3
Question 2........................................................................................................................................4
Question 3........................................................................................................................................5
REFERENCES................................................................................................................................1

MAIN BODY
Question 1
Domestic violence can be defining as criminal offence of domestic abuse and the act has been
criminalised. It includes misdemeanour crimes and felony of violence committed by current of
former spouse of intimate partner of victim as well as person with whom the victim shares a
child in common. Along with this, the abuse can be informing of physical, emotional and mental
according to the act of Domestic violence 20211. The judicial authority has made and
implemented various legislation in order to protect victim and to control the rate of increasing
crime through strict legal action. In the case of Carl and Gail there has been physical and mental
abuse by husband and victim wants divorce but does not want to share its material property to
the partner 2. This is one of the common issues which has been faced by couples during divorce
so in order to deal with court has power to distribute family assets.
Moreover, matrimonial property means assets owned and earn by spouse during their
marriage such as car, house of pension. Even if property has been owned before marriage but use
for living with the spouse will be considered as family assets 3. The court has power to distribute
family assets under Matrimonial Causes Act 1973 and consideration of children always come
first. The court can pass an order to periodic child and spouse maintenance as well as the
payment shall be secured against property. A property judgement order where it will be
transferred from one spouse to another if the judge feels it is necessary to come to a fair
arrangement 4. Although a clean break distribution without ongoing support payments. But if the
property has been brought together then both are equally and legally entitling to stay here. Along
with this, Gail is liable for maintenance for child and itself from the spouse after divorce or either
in judicial separation and it can be taken in lump sum or on monthly basis.
1 Arai, Lisa and et.al., 2021
2 Hegarty, Kelsey and et.al., 2020
3 Carter, Bethan and et.al., 2022
4 Crawley and et.al., 2020