Family Law Discussion: Domestic Violence and Marital Property

This discussion forum post delves into the complexities of family law in the United Kingdom, particularly concerning domestic violence. It addresses legal issues related to domestic abuse, potential remedies for victims like Gail under the Domestic Abuse Act 2021, and the implications of divorce based on unreasonable behavior as per the Matrimonial Causes Act 1973. The discussion covers immediate legal assistance, property redistribution, and the court's duty to ensure the welfare of children involved. The post reflects on learnings about family law, maintenance provisions, and the importance of prioritizing personal safety over societal reputation in abusive situations. It references relevant legal acts, journals, and resources for further exploration, emphasizing the victim's rights and available support systems.

DISCUSSION
FORUM

Table of Contents
Initial Post........................................................................................................................................1
MAIN BODY...................................................................................................................................2
Task 1.....................................................................................................................................2
Task 2.....................................................................................................................................3
CONCLUSION................................................................................................................................4
SUMMARY POST..........................................................................................................................4
REFERENCES................................................................................................................................6

Initial Post
The domestic violence is a type of violence that is occurred in the house of an individual.
In this type of violence, generally the individual does not tell about his vulnerable condition to
any other person. Moreover, the individual suffers from this violence for a longer period of time.
The individual generally do this to continue the personal relationship with her partner. These
types of abusive relationships only survive in order to maintain the reputation of the victim. The
victim does not take any step just to protect her good image in the society. But, most of the time
this continuance may lead to very drastic loss to the victim of the case1. The domestic violence
can be classified into different categories such as sexual abuse, mental abuse , physical abuse,
etc. In the present case study it is the case of physical and mental abuse. There are various
remedies available to the victims under the family law. There are the provisions related to the
separation and divorce of the partners under the family law of the country. These laws provide
for the provisions related to the separation of the partners under any condition.
The divorce can be initiated among the partners due to several reasons. These reasons
includes the mutual consent between the partners, domestic violence, abusive relationship,
voidable relationship, etc. Moreover, the wife is legally authorised to get the maintenance and
50% share in the property of the husband as per the law. In addition to this, the law establishes
that these are applicable as per the earning income of the husband. For instance, more the earning
of the husband , then more amount of maintenance for ex wife is charged by the court against the
husband. So there are various points that decides about the amount to be charged for the
maintenance for the wife. These points includes earnings, pension amount, property, savings and
investments. All these points plays an important role while establishing the amount that is to be
charged by the court in favour of wife by the husband. So, the financial disclosure plays a vital
role in considering the maintenance amount to be paid to the wife every month by the husband.
1 GHANDHI P, and MACNAMEE E, 'THE FAMILY IN UK LAW AND THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966' (2020) 5
"International Journal of Law, Policy and the Family"
1

MAIN BODY
Task 1.
Advise Gail on how family law can assist her in the short term with regards to Carl’s violence
and threats against her and their daughter, Julia.
Legal Issue:
Whether Carl shall be liable for the offence of domestic violence against Gail and their daughter?
Specific area of law and respond to question
There are laws made to reduce the domestic violence in United Kingdom. One such law
that was passed by the parliament of UK is The Domestic Abuse Act, 2021. This act received its
royal assent in April 2021. This act basically describes the act of domestic violence. It also
describes about the punishments that are given to the criminals. This act criminalises the
domestic violence done against any criminal. It also spreads the awareness about this criminal
act of domestic violence. It also protects the victims by providing them with the justice. This act
explains the domestic violence as unacceptable. It also explains about the children that if the
children are seeing the abuse in the house. Then these children have the capability to leave the
house. The children are not bound to live in the same surrounding where the abuser is living.
This is because it will cause mental stress in the minds of the developing children. The abuser
can also further abuse the child in the nearer future as done in the present case2. The abuser
abused his child very drastic that it causes mental shock to their daughter. Moreover, it also
specifies that there is no need of cohabiting in the same house by the perpetrator and the victim.
The victim can leave the house at any time. There are also damages paid by the perpetrator in
order to compensate to the victim. This act also specifies that there is minimum of 3 year and
fine as prescribed by the law for the punishment if any act of domestic violence is done by any
individual residing in his house3.
2 Fahmy E, and Williamson E, 'Poverty And Domestic Violence And Abuse (DVA) In The
UK' (2018) 2 Journal of Gender-Based Violence
3 Hague G, 'Domestic Violence Survivors' Forums In The UK: Experiments In Involving
Abused Women In Domestic Violence Services And Policy-Making' (2021) 14 Journal of
Gender Studies
2

One such remedy is that the victim can call on immediate danger number 999. There
are also Specialist Domestic Violence Courts that are constructed for this purpose by the law
of the country. Moreover, if the age of the victim is less than 17, then the case of domestic
violence is heard in Youth Court which provides special judges and magistrates.
Task 2
If Gail chooses to divorce Carl on the basis of their marriage having irretrievably broken down
due to his unreasonable behaviour, how might the court redistribute the marital property?
Legal Issue:
Whether Gail is entitled to take divorce from Carl due to unreasonable behaviour?
Whether Gail shall be entitled or have any right for the marital property after the divorce from
Carl?
Specific area of law and response to question
The Matrimonial Causes Act 1973 describes about the maintenance and other charges
that is to be paid at the time of divorce. This act is applicable to all the person living in United
Kingdom. The section 25 of this act provides that it is the prime duty of the court to establish
the conditions for the welfare of the child for whose parents are divorcing. It specifies that a
certain amount of maintenance is also given to the child in order to develop and bring up the
child in the best manner. It also provides the provisions that the child is not violated in the
process of divorce taken by his parents in the family court. Moreover, it is the duty of the father
to pay maintenance to both the child and the wife as decided by the family court of the country.
The settlement of property can be done by different ways such as payment in lump sum, transfer
of property to wife or child, sharing of pension, maintenance of spouse and child maintenance4.
In the present case study, the wife can take divorce from her exploiting and abusive
husband. This is because she has the reasonable and genuine grounds for which she can initiate
divorce in her favour in the court of family law. The Carl is also liable to pay the 50% share to
4 Radford J, 'Professionalising Responses To Domestic Violence In The UK: Definitional
Difficulties' (2020) 2 Safer Communities
3

his wife as per the law of the country. Moreover, the victim is also liable for maintenance for her
and her child by her husband.
CONCLUSION
This essay concludes about the family law that is prevailing in United Kingdom. It
explains about the provisions related to domestic violence in the country. It also explains about
the remedies that the victim can use in case of domestic violence. It also summarises that
domestic violence is a criminal act done by the criminal as per the also of the country. It also
explains about the provisions related to child in case of domestic violence5
SUMMARY POST
I have learned about the family law of the united kingdom. I have studied deeply the
provisions related to the domestic violence in the country. This essay has made my knowledge
wider on the topic of family law. Moreover, through this, I have learned that how are provisions
related to maintenance is applied in the case of divorce done by the partners of the case. It has
also broaden my knowledge towards the points through which one person can take divorce. It has
also made me realised that it is better to separate from the abusive person than to live in the same
house with that person . This is because this will only increase the capability of the defaulter to
increase the crime in the society. Moreover, the victim must think of her personal welfare than to
her reputation in the society. This defamation case I have studied in various case laws related to
domestic violence. In all these case laws the victim is suffering only because of the loss of
reputation in the society. There is also a reason behind this that most of the victims of domestic
violence are women and children. These victims do not reveal the crime because they are afraid
of their financial condition. This can also be seen in this case. I have also learned the provisions
that are applicable for the child in case of domestic violence. The child is free to leave the house
where the domestic violence is happening on a regular basis. I have also studied about the
various journals and news articles related to domestic violence. The child can also reveal this to
the other persons residing in the society for the domestic violence happening in his house. This is
because it can help the court in delivering the justice at the same time. I have also learned about
5 Irwan G, and Margaretha M, 'ATTRIBUTION ERROR TO THE VICTIM IN
DOMESTIC VIOLENCE: A CONTEMPLATION OF DOMESTIC VIOLENCE
OBSERVER' (2020) 19 Jurnal Psikologi
4

the emergency numbers that can used in case of domestic violence. These numbers provide
instant help to the victims of the case.
5

REFERENCES
Books and Journals
GHANDHI P, and MACNAMEE E, 'THE FAMILY IN UK LAW AND THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 1966'
(2020) 5 "International Journal of Law, Policy and the Family"
Fahmy E, and Williamson E, 'Poverty And Domestic Violence And Abuse (DVA) In The UK'
(2018) 2 Journal of Gender-Based Violence
Hague G, 'Domestic Violence Survivors' Forums In The UK: Experiments In Involving Abused
Women In Domestic Violence Services And Policy-Making' (2021) 14 Journal of
Gender Studies
Radford J, 'Professionalising Responses To Domestic Violence In The UK: Definitional
Difficulties' (2020) 2 Safer Communities
Irwan G, and Margaretha M, 'ATTRIBUTION ERROR TO THE VICTIM IN DOMESTIC
VIOLENCE: A CONTEMPLATION OF DOMESTIC VIOLENCE OBSERVER'
(2020) 19 Jurnal Psikologi
6