The family law system used to refer to the laws, procedures and rules governing family matters as well as the authorities, agencies and groups which participate in or influence the outcome of private disputes or social decisions involving family law. Such a view of family law may be regarded as assisting the understanding of the context in which the law works and to indicate the policy areas where improvements can be made.
The UK is made up of three jurisdictions: Scotland, Northern Ireland, and England and Wales. Each has quite different systems of family law and courts. Family law encompasses divorce, adoption, wardship, child abduction and parental responsibility. It can either be public law or private law. Family law cases are heard in both County Courts and Family Proceedings Courts (Magistrates Court), both of which operate under codes of Family. There is also a specialist division of the High Court of Justice, the Family Division which hears family law cases.
A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted ‘nisi’, i.e. (unless cause is later shown), before it is made ‘absolute’. Relevant laws are:
Matrimonial Causes Act 1973, which sets out the basis for divorce (part i) and how the courts deal with financial issues, known as ancillary relief (part ii)
Cruelty has been made irrelevant. See Gollins v Gollins [1964] A.C. 644
Family Law Act 1996
Children Act 1989
Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991
Marriage Act 1949
Marriage Act 1994
Gender Recognition Act 2004
Here is a rough outline of the undefended divorce procedure from start to finish:
1. Filing of Divorce Petition & if necessary Statement of Arrangements for the Children
2. Documents issued by Court and posted to the Respondent
3. Respondent returns Acknowledgement of Service to the Court (if he/she does not you will need to consider Bailiff Service, Deemed Service or other options)
4. Petitioner completes Affidaviti in Support of Petition and Request for directions
5. A Judge will then consider all the divorce papers and if he/she is satisfied issue a Certificate of Entitlement to a Decree and Section 41 Certificate (confirming he/she is content with arrangements for any children)
6. Decree Nisi is granted
7. Six weeks later the application can be made by the Petitioner for the Decree Absolute.
From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.
If there are any outstanding financial issues between the parties, most solicitors would advise resolving these by way of a ‘Clean Break’ Court order prior to obtaining the Decree Absolute.
There is only one ‘ground’ for divorce under English law. That is that the marriage has irretrievably broken down.
There are however five ‘facts’ that may constitute this ground. They are:
1. Adultery
§ Often now considered the ‘nice’ divorce.
§ respondents admitting to adultery will not be penalised financially or otherwise.
2. Unreasonable behaviour
§ The petition must contain a series of allegations against the respondent that the Judge considers serious enough that the petitioner cannot be expected to live with the respondent.
3. Two years separation by consent
§ both parties must consent
§ the parties must have lived separate lives for at least two years prior to the presentation of the petition
§ this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.
4. Two years desertion
5. Five years separation
At Hayat & Co. We understand how distressing and difficult a Divorce can be and we are here for legal advice divorce, family law advice. We deal with your case with sensitivity, confidentiality and understanding. R
Archive for May, 2010
Family Laws in England
Sunday, May 30th, 2010Hire the California Labor Board or California Labor Law Attorneys – You Decide
Friday, May 28th, 2010With a downturn in the economy, many employers are cutting back on payroll. Unfortunately, some employers are reducing payroll costs by violating the California overtime laws. When this occurs, employees have essentially two options to recover their California overtime pay: the California labor board, or hiring California labor law attorneys.
Although the California Labor Board is a commonly known option that is a free service to the public, as you will see, in some cases “you get what you pay for.” There are some little known facts about the services provided by the California labor board that will be explained in this article.
Outlined below are the steps for requesting an employee matter ruling from the California Labor Board:
1) Typically the employee will file a complaint at the California Department of Labor with the California Labor Board and the employer will be notified via mail of the complaint, pursuant to California overtime laws.
2) A non-binding mediation is then scheduled by the California Department of labor at the California Labor Board and the employer is made aware of the specific claim made by the employee and the amount of monies that are being claimed. The California Labor Department may also add statutory penalties and or interest to this amount on behalf of the employee.
3) If the matter does not settle at this mediation, a formal hearing is set at the California Department of Labor, California labor board, and the employee and employer may have legal counsel present to represent them. The California state department of labor will have an administrative judge conduct the hearing and both sides will have a chance to present their side, any evidence and any witnesses.
4) Upon hearing the matter, the California Department of Labor, California labor board will issue a ruling. The California department labor rules provide that all parties may be represented by counsel at the Superior Court hearing and the case is conducted as a civil trial.
If you are faced with a violation of California overtime laws by your employer, it is important to consider both your options on how to best pursue your overtime claim. Hopefully the summaries provided above have equipped you with some basic, yet little known information, about the differences between using the free service provided by the California Labor Board or retaining experienced California labor law attorneys to handle your legal matter.
Labor Law
Tuesday, May 25th, 2010A good relationship between a business owner and employees is an ideal picture. Inevitably, there will be differences and there will be occurrences when there will be disputes between the business and its workforce. This is when Labor Law enters the scenario. Labor law is a body of legal premises which sets the foundation for the best possible relationship between the employer and the employees. It contains guidelines, rulings, legal rights, and other precedents which serve as bases to know which side the law will rule in favor of. The Labor Law has a very wide scope which covers employer-employee relationship, disputes about terms and conditions, and bargaining agreements about pay, working environment, and other benefits. It also aims to discipline employers who might be involved with unfair work practices or who may display discriminatory behavior towards co-workers. The labor law also has a space for cases getting settled outside the legal arena. How Labor Law Advisors can Help Lawyers in Munich consider labor cases as among the most complex in their practice. Experience and knowledge play a vital role in understanding the disputes between a business entity and its workers. The concerns are very intricate and it is very important to know the smallest detail of the labor law to make sure cases will be won. Labor law experts will be able to help both the employer and the employees. Employers may seek advice from lawyers in Munich so they can formulate excellent employee handbook or company guidelines. It will also be best if the company will seek consult so all documents can be reviewed prior to signing. Lawyers will also be able to represent the company in case formal complaints will be filed against them. Dispute settlements and bargaining agreements can also be arranged by labor law experts. From the employees end, lawyers in Munich will be able to help them gather evidences against an abusive or offending employer. They can also come up with the best strategies and tactics to ensure that they have a strong case that will be favored by the court. The employees can also be guided by the lawyers during negotiations with the employees. The primary duty of the lawyer is to ensure that all the rights of the laborers are protected. An employer or the employees will have to browse through a long list of labor law experts in Munich. Expertise, track record, and fees must be considered when looking for lawyers in Munich.