...Family Law for Paralegals J. Shoshanna Ehrlinch Prof. Madhavi Basnet Karki Family Law for Paralegals 1. What is a premarital contact? A premarital contact is something that shields party’s assets and income from the state rules of allocation in the event of a divorce. 2. What will a court look to in determining procedural and substantive fairness? In procedural fairness court would look into what factor that the party is challenging in the agreement during the time it sign. As whether or not he or she was aware of the legal rights that are being waived, like spousal support by entry in the agreement, and whether or not the attorney has went over the agreement independently with them. In substantive fairness the courts would look into the actual terms of agreement to see if it was fair, and the also look at the time it exists of performance to determine substantial departure from the usual contract law of individuals freedom to make bad deals. 3. In what ways are premarital contract treated differently from ordinary contract? In a premarital contract it deal with protecting one from losing ones assets to a divorce. It is a contract that is place in written agreements to ensure that their assents remain theirs if the marriage fails, to provide that their assets in the events of death, and to work out arrangements for matters that may become problems after the marriage. An ordinary...
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...1 FAMILY LAW Introduction The statement by Thorpe clearly states his opinion on prenuptial agreements[1]. He deems them necessary so as the individuals could avoid the stress involved in judicial cases on marriage assets. He conceptualizes prenuptial agreements as a great way to avoid unnecessary anxiety, stress and expenses of judicial proceedings[2]. I totally agree with his concepts on and base my essay on the support of his notion. The uniqueness of this case is that there was a prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists the judges provide a ruling based on the evidence of an agreement at marriage[3]. This is physical evidence of what inspired during the time they agreed to get married. The agreement is aimed to protect family assets and ensure a proper future for the children in case separation. The court makes the final decision guided by the prenuptial agreement and the current issues leading to the separation. It will also consider the welfare of both parties and the children in its ruling. The prenuptial...
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...Family law is the field of law that focuses on family issues. In most cases, these include disputes between separated couples that were in a marriage relationship and those that were in a relationship but unmarried. It is worth noting that family issues may also involve individual that were not necessarily in a long-term relationship. For instance, a couple who has a child but have never dated or gotten into any form of commitments. Note, additionally that family law also applies to the same-sex relationship. Furthermore, Canada has a divided jurisdiction in matters of family law. On one hand, the family matter related to divorce (for marriage couple only) is heard in federal courts through the Divorce Act. On the contrary, other family-related...
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...Laurie Cha Does family law satisfy the functions of law requirements? 1) Social Cohesion i) Rights and value Family law satisfies the functions of law requirements as it protects and preserves societal values and human rights. For instance, the Commonwealth Parliament has passed the Marriage Act 1961 to give people fundamental right to marry as well as to establish a valid marriage. The Family Law Act 1975 has been passed as people are expected to receive the rights when they are involved in a legal dispute relating to divorce. Recently, as the rights of children are considered paramount, the laws regarding the safety and welfare of children have been adopted by the Family Law (Shared Parental Responsibility) Act (2006). The South Australian Parliament has passed the Statutes Amendment (Domestic Partners) Act (2006) in order to provide de facto couples legal rights similar to those enjoyed by a married spouse. ii) Set acceptable standards of behaviour and consequence To preserve and protect values and human rights, the Marriage Act 1961 provides the requirements for a valid marriage to exist, for example, marriage should not be done by fraud, between a person related by blood with other close family members and more than one person. The consequence of failing to meet with these criteria is an annulment of marriage, meaning a valid marriage never existed in the first place. iii) Three arms of government The Commonwealth parliament amended the Family Law Act 1975 in relation...
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...The law relating to the Family Brandon D. Allen 2011 Family law is of crucial importance to every individual, whether adult or child. Family law that regulates interpersonal relationships. Family law provides the legal framework for the establishment of marriage, the dissolution of marriage, the legal consequences of marriage and cohabitation, civil partnerships and the legal regulation of domestic violence. Much of the family law nowadays is concerned with the law relating to children. The status of a child, its parentage, and the rights of the child, the child’s welfare and the powers of the state in relation to the child are all central concerns. Family law has a wide and diverse. Some topics will require considerable more time than others. For example, the formalities of marriage, although detailed and rather complex, it should require much less of your time than the law relating to divorce. Family law is a growing body of cases which deals with the incorporation into English law. Family law is one of those fields in which you simply cannot avoid talking about, its those things that are happening in the outside would, economic changes, political changes, the sexual revolution, and so on. (Oxford University Press, 2003). Family law seems to be everywhere today. Abortion remains a litmus rest for political allegiances. Single-sex marriage divides state voters. Child custody...
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...At KLE Society’s Gurusiddappa Kotambri Law College, we believe that the quest for knowledge is best facilitated by creating the right environment and enabling interaction. You will find that our well-stocked library triggers off discussions not just in the classrooms but in the canteen and hostel common room as well. The sharing of ideals is extended through legal awareness programs and model Parliment that you will participate in. Your community life is not restricted to the field of law alone but finds expression on the sports field and cultural arena as well. Library over 10,000 volumes and journals College campus and provide a homely environment including mess facilities. Open from 9 am to 5 pm on working days Legal Aid Clinic Fully computerized for quick and easy access to titles The College is actively involved in the endeavour to spread e-Library with online connectivity and a large offline database legal awareness amongst the student community. Trained Educational Tours students visit other colleges to deliver lectures on legal topics. Counseling Cell Legal Aid and Legal Literacy Camps too are a regular feature. Placement Cell Model Lok Sabha NSS Unit Regular cultural activities and participation in external and Health insurance for students internal competitions Hostels Active sports committee to encourage participation in indoor For outstation students, the College provides separate hostels to and outdoor games accommodate both girls and boys. The hostels are located...
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...unable to come to a mutual agreement relating to property interests, the Family Law Act 1975 (Cth) aims to provide the means by which to reach a ‘just and equitable’ financial outcome. Despite this clearly identified aim set out by the legislation, the Family Law Act has to a certain extent been unsuccessful in achieving this objective, because of its failure to acknowledge the consequences of the sexual division of labour in contemporary society. By reference to the works of various socio-legal scholars and the relevant provisions of the Family Law Act/Marriage Act, this essay will explore the aforementioned failure of the family law in Australia...
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...PA415-01: Family Law and Divorce Mediation 1202A March 2012 Term Instructor: Lashawn Piquant Unit 8 Memo Delvoye standards To: Supervising Attorney From: Paralegal- Dow L. Pettis Implications of the Proposed Adoption of the Delvoye Standard for Habitual Residence Abstract It is quite intriguing that despite having many standards proposed and used in the determination of a child 's habitual residence , there has still not come a standard that will conform fully to the objectives of the Hague Convention on the Civil Aspect of International Child Abduction . The Delvoye standard seems to be the most compatible with the guidelines of the convention . An examination of its implications advantages and disadvantages might tell us whether its application can help deter parents from child abduction and wrong retention. The Delvoye Standard of habitual residence of children is a standard that depends on the child 's age and maturity as a determinant for its habitual residence . It also considers the mutual intent of the parents At the age of infancy it also considers both the physical present state in which the child was before the removal or retention and the period in time that the child spent in that state. Implications of the Delvoye Standards The Delvoye Standard for habitual residence has got different implications linked to its adoption . First , it implies that the law of a child 's residence being based on its citizenship is not important in determination...
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...center of a separation, you would like to understand about child family law in your state and the way it can impact you. If your divorce involves kids, it will be helpful to grasp what the particulars can be in your situation. These will be the foremost necessary choices you face - it's imperative that you simply learn all you can regarding child family law before you attend court or settle. What does kid family law entail? Kid family law incorporates everything from kid custody, visitation, kid support and additional in relation to divorce, separation and annulment. Are you concerned concerning child custody and visitation rights during and once your divorce is final? Usually, family courts will be dedicated to encouraging the family dynamic, promoting the presence of both folks whenever healthy for both the kid and parent. The court will enable visitation schedules and share the rights of the child or youngsters between the fogeys whenever possible. Whereas kid family law used to favor the mother and would discourage a father from taking a kid overnight as a result of it might be "unhealthy" for the infant, the court's position has shifted dramatically and mothers now not have the law automatically on their side. Usually the courts now favor joint custody arrangements based on the importance of both parents' presence round the children....
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...Joseph M. Lally, Weymouth, MA Family Lawyer focuses in part on the legal area of family law. The broad category of family law includes a wide variety of issues, some of which can cross into criminal law as well. These specific issues include protective orders and child or domestic abuse cases. Massachusetts Family Law: Family law is most often made up of legal issues such as marriage, divorce and adoption. Within these broader categories, legal issues like child custody, alimony disputes, child support and property disputes associated with divorce often come up. There are some differences Massachusetts has over other states in the nation when it comes to family law. One such difference is the fact that married couples are not required to get...
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...Michael Crockett PA 250 Family Law Prof: Jessica Gauvin June 22, 2013 Unit 3 Assignment The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of Texas is one of 27 states that adopted the Uniform Premarital Agreement Act (UPAA) Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are obligations that the couple must meet and some circumstances that might render the agreement void. Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not. Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners. Each partner must...
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...A family law attorney litigates cases that pertain to family issues such as divorce, custody, adoption, guardianship, and proving paternity. Each case is unique, so it is important to find the right lawyer for your case. A family law attorney typically spends his or her time meeting with clients, reviewing files, preparing documents, filing documents in court, interviewing witnesses, negotiating with opposing parties, and trying cases in court. Much of the work in a family law case comes before it ever gets to the courtroom. If you are considering hiring a family law attorney, there are several factors to consider. The first one is what kind of experience you are seeking. Some attorneys handle mostly adoptions, and others do mostly divorces or specialize in mediation. You may be able to find out information online about a particular lawyer's experience, or you may be able to ask his or her receptionist about the lawyer's education and background. Some attorneys do general family practice and handle all types of cases....
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...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy , triple...
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...The Australian legal system acts in the interest of family relationships to ensure the family is financially secure and any children of the relationship are efficiently cared for. Many of the amendments made to legislations centre on enforcing parental responsibility and ensuring decisions are made in best interests of children. A function of the family is to care and protect its members. Our changing society has resulted in changing family structures. This has created a need in the community and law to reform and amend law in order to better protect society. The law has given married couples the option to separate and divorce for the benefit of their wellbeing and others. The law has put in place procedures during and after the fact of divorce...
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...of the community has been reflected in contemporary family law because over time the legal system has acknowledge the rights of children and the parents don’t have rights over them anymore only responsibility....
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