Family Law: Property Related Matter between Tom & Gill

This article discusses the property related matter between Tom and Gill in the context of family law. It explores the division of property and provides solutions to their specific case.

FAMILY LAW
INTRODUCTION
MAIN BODY
Court System of family law
Case Scenario:
Property Related Matter between Tom & Gill
Child Maintenance Order
Deciding about the Custody of children
CONCLUSION
REFRENCES

INTRODUCTION
Family law is that kind of legal practice which focuses over issues that is related to
family and relationship existing in it. These laws are important for maintaining peace in a
society. Certain rules and regulations are prescribed in it through which solution for every
problem is taken out. Family laws are most reliable way of getting justice in terms of family
matters. Scope of this law is very wide because it deals with problems happen between family
and its members. Also tendency of this law has covered every important aspect which is not
usually related to divorce or marriage. Nature of such law is very dynamic because it contains
those types of statutes which are there to regulate family relationship, marriage and divorce. Also
treatment of children in family and economic related matters in a family is also dealt with. In this
file a scenario has been given which contains different problems that are to be analyzed and
explained in detail. Further concept of family law is going to be covered. In the end solutions
regarding all problems are going to be told and also why family law is applicable in it is
explained. Also family law is to be discussed in detail in this file.
MAIN BODY
Family laws are those laws which are there to deal with those matters which are related to
family, marriage and children. These are those rules and regulations which are set-up under
separate department in a particular court known as family courts. These courts were formed to
hear such matters which impact a family’s internal peace and order. Such issues include
domestic violence, divorce, alimony, settlements, abduction of children, legitimacy, mental
abuse and surrogacy. Also under these laws custody, visitation is also covered. Various elements
are there which are required to be in a family law and they are dissolution of marriage, validity
of reason give for divorce, evidence for domestic violence. Major aim of family law is to help in
reducing complexity which occurs while solving a family or marriage related issue. These laws
are very much necessary because it helps in protecting rights of members in family. It also
provides a concrete framework which is like a wide spectrum of situations. Hence these laws
ease down the process of resulting into bringing justice in a family matter or marriage related
problem. In a country like UK various kinds of jurisdiction is there in Scotland, Northern Ireland,
England and Wales. Each has different kind of operations related to family law and courts of
such nature. Family law cases are heard in both county courts and in family proceeding courts.
Also a special division has been set-up in High Court and is named as family division which
hears family cases (Elrod,Barrédy, 2016).Family law in general are those types of laws which are
related to family problems like legitimacy, Domestic violence and marital issues like divorce or
dissolution of marriage. These issues can be solved through various rules and regulations which
are given under family law. Cases of these laws are to be solved and heard by county. A separate
division has been formed in High court named as family court for solving of these issues. Some

important statues related to this law is UK are Married Women’s Property Act 1882, Domicile
and Matrimonial Proceedings Act 1973, Family Law Act 1996 and Child support Act 1991.
Court System of family law
Section 31A of MFPA 1984(inserted by the Crime and Court act of 2013) established a
Single Family Court from April 2014, which exercise jurisdiction in the family under majority of
proceedings. Family court can sit anywhere and in general is likely to be heard by County and
Magistrate courts. As regarding divorce the court has jurisdiction under article 3(1) of Brussels II
bis Regulation as per these situations, Petitioner and responded has to be resident of Wales, both
the parties should at least have lived in England and Wales for a certain period of time, the
respondent should be habitual residence of Wales, at least for one year a person should have
lived in England before filling a divorce case. The FLA 1986 is provided a residual basis of
jurisdiction in England and Wales, if no court of another Brussels II bis regulation signatory has
jurisdiction and either party is considered to be domical in England and Wales when proceeding
has begun. Also Brussels II is not going to referred to same sex marriage or civil partnership.
Regulation of 2014 has explained under section 5 of DMPA act 1973 about same sex marriage
and rules regarding it. In relation to married couples and court’s liability has to hear a financial
claim which depends upon whether or not jurisdiction hear petition for divorce, nullity or judicial
separation. In these parties are cohabiting, upon breakdown of relationship, claims can be
brought under trust of lands and Appointment of trustee Act 1996. An equitable share in property
that has been owned solely by any one of the party. Declaration of respective interest of co-
owners are not stated expressly stated in title documents. Financial claims can be brought in
respect of children as per section 1 of CA 1989. Claims can only be heard by divorce.
Jurisdiction in matter of parental responsibility which is based upon the child’s habitual
residence. If a child is physically present in the court then only jurisdiction can be haled by a
particular court. Jurisdiction conflicts between jurisdiction in UK is explained under FLA 1986
that is covered through any kind of application presented under Section 8 of CA 1989. There is
inherit jurisdiction in respect of children which can be exercised within the High Court in which
no jurisdiction excludes it and also British nationals are not habitual residence or is present in
jurisdiction. Domical which means that jurisdiction of civil nature. This term describe about an
person’s habitual residence. It id not same a that of common law or its jurisdiction. Domical can
be of origin that is acquired by birth of a child. Then comes domical of dependency which until
type age of sixteen a child cannot become a legal hire of the property. Domicile of choice which
means intention of residence permanently or in jurisdiction. Change of domicile is not
applicable. Judicial separation is an decree of application which can be made only if any of the
five facts for divorce is listed. Also petitioner is not required fro demonstration of the marriage
has been broken down irretrievably. An application has to be presented within one year of
marriage that is taking place in contrast of application for divorce. As per current position wide
discretion has to be division of assets which is present under 25 of MCA 1973. There should be
no discrimination in relation to money –earn against home-maker and its contribution to its

marriage and to family assets has to be seen and has equal value. Equality should be promoted
but not at the cost of disturbing justice (Cook. and Natalier, 2016).
Interim maintenance these are those measures which either of the party who wants
divorce can apply anytime for maintenance. Till the time final hearing has been placed for
pending suit related to maintenance. Provision for legal cost can be included by the court over
monthly bases as a maintenance awards. Some important amendments can be applied in such
situation is section 22 of the MCA 1973 and for civil partners schedule 5, Part 8 and paragraph
38 of CPA 2004. Legal aid and Punishment of Offenders Act 2012. These acts and sections
mentioned can be applied under that kind of special situation in which the court is finding hard to
give decision over certain things. Also when a court requires more time to analyse those sensitive
information which can be valuable in passing justice. In maintenance final order a court has got
power to order either of the party that for making of periodical payment also known as
maintenance or alimony. For passing of such terms as may be benifical or specified in order to
give that these payments are secured under section 23(1), MCA 1973. Power so given to perform
this function is also continued in Marriage and schedule 5, paragraph 2(1)(a) of the CPA 2004
for civil partnership act. Any kind of periodical payment order should be passed in appropriate
manner the court is required to check list of factors which are presented in section 25 of MCA
1973 or schedule 5, part 5 of the CPA 2004. As there can be no presumption which can be made
in favour of a clear stage of divorce between the parties. Court is under a statutory obligation due
to which it has to consider it power exercising limit for terminating of financial obligations of the
parties towards each other. In addition to this the court is required to consider under statue of an
ongoing financial obligations which can be terminated after divorce. Any order of maintenance
can be revoked under few situations like recipient’s remarriage, death of entire party and making
of further court order. It is required by court to fixed term in order to make payments and also to
abr reciptent from applying to extend the term (Debele,. and Crockin, 2018.)
Above all various kinds of amendment related to family laws and there applicability in
the court has been told. This was very important to be discussed because it has a very deep
relation with the scenario which is going to be explained below and also various problems
related to its is going to be covered. Then an overview about how the situation could be solved is
going to be explained and then interpretation of case in own words is going to be done. The
scenario is explained further as.
Case Scenario:
Gill has been married to tom from last eight years and he is a senior police officer. After
a couple of years before marriage she moved to Tom’s house and also took two children with
her. These childrens were born from previous relationship. Their name were Faye and Leah.
Faye is eighteen year old and has recently only moved out as she has started studying in

University. Leah is fifteen and lives with Tom and Gilly. Leah is very close to Tom and enjoye
his company. Also they both are very sporty. Tom and Gilly have only one child together. Her
name is Tilly and is ten years old. Tom out of something wants another child but after consulting
doctor and facing number of difficulties in concaving. He was informed that he could not have
another child or cannot have child any more. Gilly recalls that before Leah and Faye were born
she has tried to have been trained as a primary school teacher. As Tilly got older and more
independent Gilly is thinking about returning to teaching profession. As tom did not approved
for it. Tom has always said that it is his job to provide for whatever is need to family. Also he
told Gilly that she had turned thick and no one with a proper mind or sound mind would keep her
at job or is going to give employment to her. So in the end idea of working has been given up by
Gilly . Over that to perused her to have another child. Gilly says that this can be done by using
the sperm of an anonymous donor and after this she gave birth to Bella through artificial method.
Gilly was struggling being an older parent because Bella is very unsettled baby and Gilly gets
tired very frequently and also her sleep is deprived. Tom very rarely spends time with both Leah,
Bella or Tilly these days. At a point of time Gilly challenged Tom about this as she got
concerned. He just says that he has lot of work to handle and cannot give time to his children at
this very moment. Gilly loves Bella but does not really required a fourth child. Now she does not
get out of the house which has made her feel lonely and depressed. She also tried to spoke to
Tom regarding this but he called her “useless” and told her to stop complaining every time or
else he is going to punch her very hard. Things started getting worse because she was not able to
cope up with the situation. Tilly class teacher also got concern about how she is coming to
school. As her clothes were dirty and also she has been notice while stealing sandwiches from
another child’s packed lunch. Leah is not achieving her full attention and also it had come to
light that she had been fighting and taunting people in class for last few months. Gilly says that
she had also been noticing about the changes that has been taking place in the house because of
whatever is happening in the house because of her behaviour and problems. Also Gilly said that
she had been noticing that Tom is spending very little time or no time at home and is always
away for a conferences and training for over coerces all over the night. Last night also Tom fell
asleep without logging out of inbox and Gilly saw that he has been exchanging intimated emails
with his female colleges for a very long time or months. She has also tried arranging for bank
account details over which he has been doing transactions from his debit card over fancy kind of
hotels ( Specto, 2016).
Based upon above scenario various problem has come out is explained below with proper
solution.

Property Related Matter between Tom & Gill
Looking at the scenario of the given case, it was found that Tom and Gill had the
agreement that if in any of the circumstances they will be apart. Then in that particular situation,
Gilly will not be able to claim for any of the damages as par the deal or agreement. But, it is
essential to understand that what does family law of UK discusses on this particular situation.
Here, it has been observed by having the analysis on the case that if in any of the situation
husband and wife is willing to be apart from each other then in this particular situation property
will be distributed. Here, separation of the property will be based on dividing equally. It means
that if they are going to live apart then it becomes the responsibility of Tom to give half of his
property. As Tom has four room in his property, this means Gilly will be entitled for the two
room and even amount will be distributed equally among both of them. Even there are certain
other rights as well for which Gilly can easily claim such as she financially claims for the
children as per schedule 1 of the Children Act 1989. It means that in any of the circumstances,
the agreement which has been prepared between Tom and Gilly is completely void ab intio
because law and regulations cannot be overruled with the help of agreement signed by the
parties(Elrod. and Spector, 2016).
There is other clause as well which are included in it such as in England and Wales pre
and Post nuptial agreement are not legally binding in nature. But, in one of the landmark case
between Radmacher v Granatino 2010, the supreme court of UK has shifted its mind towards
the upholding those types of agreement. In addition, they didn’t focus towards pre-nuptial
agreement as they are still counted as invalid or not a valid agreement because there are number
of terms where nuptial agreement is formed outside the court jurisdiction. In short, this
discussion of this particular case simply helps to make arguments stronger that in any of the
circumstances the agreement formed before the marriage will not be counted as valid contract.
Child Maintenance Order
It was also one of the issues which was found within the case that Tom was arguing with
Gilly that Tilly and Belly will with him. In any of the circumstances she will not get the
opportunity to she her children from afterwards. Also, he explained that he will not anymore for
the tuition fee of Faye and Leah. It will be necessary to understand that Tom was not the real
father of Leah and Faye which means there will not be his responsibility to take their care but

still it becomes mandatory for Tom to give the tuition fee of Faye and Leah up to the age of 20
years. There will not be any of the responsibility of Tom afterwards. In addition, it was found
that Tom will not allow Gilly to meet with her children once they will start to leave apart. Then
in this particular situation, it will be essential to understand that family law grants the permission
to the parents to meet with their children even when spouse starts to live part from each other. In
short, in this particular situation Tom doesn’t have the power to restrict Gilly to meet with her
children (Gal. and Schilli‐Jerichower, 2017). One of the case law between Mr. and Mrs.
Anderson 2005. It was found that Mrs. Anderson forced her husband that he is not allowed to
meet with her children where he filled the case against her. After having the detail analysis on
the case, it was found that there was no default of Mr. Anderson and it is his rights to meet with
his children whenever he likes to meet. But, in any of the circumstances, manipulation is not
allowed and if it is found so then legal actions can be easily taken upon the Mr. Andersonby Mrs.
Anderson.
As per the current amendment in law, it has been found that there is very few opportunity
for children to claim against parent but in present scenario, it has been found that opportunity has
been given to children where they can make claim against the children that if in any of the
circumstances after the age of 18 years they are required the expenses for their maintenance then
in that respective situation then can easily makeclaim against the parents. It means that up to the
date of stability of Leah and Faye, she had the option to make claim against her father so that that
can easily continue their studies in future period of time as well.
Deciding about the Custody of children
In the given case, it was found that father wants the custody of Belly and Tilly but even
Gilly is not quite ready to give the custody of the children. In this particular situation, it is
essential to understand that whenever any of spouse is willing to be apart from each other there
must be mutual understand that who will take the custody of the children. But, in the given case,
parent don’t have mutual understanding and they are facing the issues regarding the custody of
children. As they both are not having the mutual understand regarding the custody, they can
apply to the as per the section 8 of CA 1989 to find out the position (Family law in the UK
(England and Wales): overview, 2019).As per section 11 of CFA, involvement of parents can be
seen where parents can take the involvement for the welfare of their children. The responsibility

of parents towards their children has been explained within the section 3(1) of the CA 1989. It
discusses about the rights, powers, duties and responsibility of parent towards the children. Here,
both of them has the equal responsibility towards their children. If in case, children are from the
side of mother from her past marriage then custody can be taken by the mother and same case is
applied for father too.
CONCLUSION
From the above file it is clear that family law is one of the most important law that deals with
problem related to society. As the concept of family law says that these are those kinds of rules
and regulations which are formed in order to deal with problem which are elated to both
marriage and family. It include various types of aspects in it which can be and cannot be related
to marriage. Such problems are legitimacy, child abduction, murder and also some civil crimes.
It also involves divorce, domestic violence and getting financial maintenance issues. These types
of laws are very important from point of view to deal with those aspects which are very sensitive
in nature and helps in passing of justice to both the parties. In order to prove this a scenario has
been given which explains about various kinds of situations which has resulted into problems
like property, child maintenance and also custody of child. These problems has been solved with
an appropriate legal solutions with some important acts.

REFRENCES
Books and journals
Barrédy, C., 2016. In search of future alternatives for family business: Family law contributions
through Civil and Common Law comparison. Futures, 75, pp.44-53.
Cook, K. and Natalier, K., 2016. Gender and evidence in family law reform: a case study of
quantification and anecdote in framing and legitimising the ‘problems’ with child support in
Australia. Feminist Legal Studies, 24(2), pp.147-167.
Debele, G.A. and Crockin, S.L., 2018. Legal issues surrounding embryos and gametes: what
family law practitioners need to know. J. Am. Acad. Matrimonial Law., 31, p.55.
Elrod, L.D. and Spector, R.G., 2016. Review of the Year 2015-2016 in Family Law: Domestic
Dockets Stay Busy. Fam. LQ, 50, p.501.
Elrod, L.D. and Spector, R.G., 2016. Review of the Year 2015-2016 in Family Law: Domestic
Dockets Stay Busy. Fam. LQ, 50, p.501.
Gal, T. and Schilli‐Jerichower, D., 2017. Mainstreaming therapeutic jurisprudence in family law:
The Israeli child protection law as a case study. Family Court Review, 55(2), pp.177-194.
Harding, M., 2016. Marriage Equality: A Seismic Shift for Family Law in Ireland. Int'l Surv.
Fam. L., p.255.
Laing, L., 2017. Secondary victimization: Domestic violence survivors navigating the family law
system. Violence against women, 23(11), pp.1314-1335.
Laing, L., Heward-Belle, S. and Toivonen, C., 2018. Practitioner perspectives on collaboration
across domestic violence, child protection, and family law: who's minding the gap?. Australian
social work, 71(2), pp.215-227.
Lamont, R., 2017. Not a European Family: Implications of Brexit for International Family Law.
Child and Family Law Quarterly, 29(3), pp.267-280.
Lamont, R., 2017. Not a European Family: Implications of Brexit for International Family Law.
Child and Family Law Quarterly, 29(3), pp.267-280.
Lee, L.J., 2016. The Constitutionalization of Taiwanese Family Law. NTU L. Rev., 11, p.273.
Mant, J. and Wallbank, J., 2017. The mysterious case of disappearing family law and the
shrinking vulnerable subject: the shifting sands of family law’s jurisdiction. Social & legal
studies, 26(5), pp.629-648.

Möller, L.M., 2016. Struggling for a modern family law: A Khaleeji perspective. Changing
God’s Law: The Dynamics of Middle Eastern Family Law, edited by Nadjma Yassari, Routledge,
Abingdon, pp.83-112.
Monti, A., 2016. What can we learn from a family law course? The teachings of an early 20th
century Italian professor. In Family Law and Society in Europe from the Middle Ages to the
Contemporary Era (pp. 313-330). Springer, Cham.
Rabo, A., 2016. ‘Without our church we will disappear’: Syrian Orthodox Christians in diaspora
and the family law of the church. In Family, Religion and Law (pp. 181-194). Routledge.
Rathus, Z., 2020. A history of the use of the concept of parental alienation in the Australian
family law system: contradictions, collisions and their consequences. Journal of social welfare
and family law, 42(1), pp.5-17.
Schmoeckel, M., 2016. Christian Influence on Modern Family Law. In Family Law and Society
in Europe from the Middle Ages to the Contemporary Era (pp. 1-19). Springer, Cham.
Swennen, F. and Croce, M., 2017. Family (law) assemblages: new modes of being (legal).
Journal of Law and Society, 44(4), pp.532-558.
Tisdall, E.K.M., 2016. Subjects with agency? Children’s participation in family law proceedings.
Journal of Social Welfare and Family Law, 38(4), pp.362-379.
Turoy‐Smith, K.M. and Powell, M.B., 2017. Interviewing of children for family law matters: A
review. Australian Psychologist, 52(3), pp.165-173.
Online
Family law in the UK (England and Wales): overview. 2019. [Online]. Available Through:
https://uk.practicallaw.thomsonreuters.com/1-590-4465?
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