Family and Succession Law in England and Wales 6th Edición by Rebecca Probert, Maebh Harding – Ebook PDF Instant Download/Delivery: 9403505145, 9789403505145
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ISBN 10: 9403505145
ISBN 13: 9789403505145
Author: Rebecca Probert, Maebh Harding
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property.
After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice.
The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Family and Succession Law in England and Wales 6th Table of contents:
§1. GENERAL BACKGROUND OF THE COUNTRY (DEMOGRAPHIC DATA)
I. Introduction
II. Demography
§2. HISTORICAL BACKGROUND OF FAMILY AND SUCCESSION LAW
I. Family Law
II. Succession Law
§3. SOURCES OF FAMILY AND SUCCESSION LAW
I. Constitution
II. Legislation
A. Family Law
B. Succession Law
III. Treaties
IV. Jurisprudence (Case Law)
§4. THE COURTS ADMINISTERING FAMILY AND SUCCESSION LAW
I. The Supreme Court
II. The Court of Appeal
III. The High Court
IV. The County Court
V. The Single Family Court
VI. Is the Matter Appropriate for Judicial Resolution?
Part I. Persons
Chapter 1. The Status of a Person
§1. DEFINITION OF A PERSON
§2. CAPACITY
I. Minors
A. Statute
B. Common Law
Chapter 2. Registration of Civil Status
§1. REGISTRATION
I. Births
II. Gender
III. Adoption and Parental Orders Register
IV. Marriages and Civil Partnerships
V. Deaths
§2. REGISTERS AND CERTIFICATES
Chapter 3. Personality Rights
§1. INTRODUCTION
§2. MINORS’ CONTRACTS
I. Valid Contracts
II. Contracts That Will Be Valid until Repudiated
III. The Legal Effects of Minors’ Contracts
§3. MINORS’ RESPONSIBILITY FOR TORTS
§4. MINORS AND PROPERTY
§5. MINORS’ RESPONSIBILITY FOR CRIMES
Chapter 4. Names
§1. COMPOSITION OF NAMES
§2. SURNAME
I. Acquisition of Surname
II. Change of Surname
§3. FORENAME
Chapter 5. Nationality
§1. INTRODUCTION
§2. ACQUISITION BY BIRTH
§3. ACQUISITION OF CITIZENSHIP DURING CHILDHOOD
§4. ACQUISITION OF CITIZENSHIP AS AN ADULT
Chapter 6. Domicile and Habitual Residence
§1. INTRODUCTION
§2. DOMICILE
§3. HABITUAL RESIDENCE
§4. DOMICILE OR HABITUAL RESIDENCE?
Chapter 7. Mental Incapacity
§1. BASIC PRINCIPLES
I. The Assumption of Capacity
II. Determining When a Person Lacks Capacity
III. Making Decisions on Behalf of a Person Who Lacks Capacity
IV. Decisions That May Not Be Made on Behalf of a Person Who Lacks Capacity
Part II. Family Law
Chapter 1. Marriage
§1. THE NATURE OF MARRIAGE
§2. THE CAPACITY TO MARRY
I. Age
II. Marital Status
III. Consanguinity and Affinity
§3. FORMALITIES OF MARRIAGE
I. Preliminaries
A. Parental Consent
B. Publicizing the Intention to Marry
II. Celebration
A. The Place of Celebration
B. The Celebrant
C. The Content of the Ceremony
D. When Is a Couple Married?
III. Registration
IV. Presumption in Favour of Marriage
§4. EFFECTS OF MARRIAGE
I. Common Law Concepts
A. The Doctrine of Unity
B. The Concept of Consortium
C. Keeping Confidences
D. Contracts for Day-to-Day Living
E. Presumption of Advancement
II. Statutory Provisions: Express Rights and Responsibilities
A. Mutual Support
B. Occupation of the Matrimonial Home
C. Evidence
D. Actions in Tort
E. Criminal Law
F. Taxation
G. Rights on Death
III. Statutory Provisions: Implied Rights and Responsibilities
A. Sexual Intercourse
B. Living Together
C. No Other Marriage
IV. Areas in Which Marriage Has No Effect
A. Name
B. Citizenship
C. Ownership of Assets
V. Engaged Couples
§5. VOIDABLE, VOID AND NON-EXISTENT MARRIAGES
I. Voidable Marriages
A. Inability to Consummate
B. Wilful Refusal to Consummate
C. Lack of Consent
D. Mental Disorder
E. Venereal Disease
F. Pregnancy by Another
G. Gender Reassignment
II. Bars to an Application Where a Marriage Is Voidable
III. Void Marriages
IV. Non-existent Marriages
V. Consequences of Void and Voidable Marriages
Chapter 2. Civil Partnership
§1. THE NATURE OF A CIVIL PARTNERSHIP
§2. THE CAPACITY TO ENTER INTO A CIVIL PARTNERSHIP
§3. FORMALITIES FOR ENTERING INTO A CIVIL PARTNERSHIP
§4. EFFECTS OF A CIVIL PARTNERSHIP
§5. VOID, VOIDABLE AND NON-EXISTENT CIVIL PARTNERSHIPS
Chapter 3. Terminating a Marriage or Civil Partnership
§1. INTRODUCTION
§2. FACTS JUSTIFYING A DIVORCE
I. Adultery
II. ‘Unreasonable Behaviour’
III. Desertion
IV. Living Apart for Two Years Plus Respondent’s Consent
V. Living Apart for Five Years
§3. PROCEDURE FOR OBTAINING A DIVORCE
I. Jurisdiction
II. Bar on Applications in the First Year of Marriage
III. Undefended Divorces
IV. Defended Divorces
V. Decree Nisi and Decree Absolute
§4. JUDICIAL SEPARATION
§5. DISSOLUTION OF A CIVIL PARTNERSHIP
§6. LEGAL EFFECTS OF DIVORCE, DISSOLUTION, AND SEPARATION ORDERS
Chapter 4. Cohabitation Without Marriage
§1. INTRODUCTION
§2. OPTIONS FOR PRIVATE ORDERING
§3. EXISTING RIGHTS
I. Equal Treatment
II. Lesser Rights
III. No Rights
§4. PROPOSALS FOR REFORM
Chapter 5. Establishing Parenthood and the Status of the Child
§1. INTRODUCTION
§2. WHO IS THE CHILD’S LEGAL PARENT?
I. Parenthood at Common Law
II. Parenthood under the Human Fertilization and Embryology Act 2008
§3. HOW MAY PARENTHOOD BE DETERMINED?
I. The Availability of Bodily Samples
II. The Value of Other Evidence
§4. THE STATUS OF THE CHILD
I. Child Born within Valid or Voidable Marriage
II. Child Born within Marriage Believed to Be Valid
III. Subsequent Marriage of Parents
IV. Adopted Children and Children Subject to Parental Orders
Chapter 6. Parental Responsibility
§1. INTRODUCTION
§2. ACQUIRING PARENTAL RESPONSIBILITY
I. Registration
II. Private Ordering
A. Parental Responsibility Agreement
B. Appointment of a Guardian
C. Delegation
III. Court Orders
A. Orders Transferring Legal Parenthood
B. Appointment of a Guardian
C. Special Guardianship Orders
D. Parental Responsibility Order
E. Child Arrangement Orders
F. Care Orders
G. Emergency Protection Orders
§3. EXERCISING PARENTAL RESPONSIBILITY
I. The Content of Parental Responsibility
II. Limitations on Who May Exercise Particular Rights
III. Limitations on How Rights May Be Exercised
IV. Sharing Parental Responsibility
§4. ENDING PARENTAL RESPONSIBILITY
Chapter 7. Adoption and Its Alternatives
§1. INTRODUCTION
§2. ADOPTION
I. Who May Be Adopted?
II. Who May Adopt?
III. The Necessity of Consent
A. Whose Consent Is Required?
B. When Can Consent Be Given?
C. When May Consent Be Dispensed With?
IV. Should an Adoption Order Be Made?
V. What Are the Legal Implications of Adoption?
§3. SPECIAL GUARDIANSHIP
I. Who May Be a Special Guardian?
II. What Are the Legal Implications of an Order?
III. When Will a Special Guardianship Order Be Made?
Chapter 8. Child Arrangements Orders
§1. INTRODUCTION
§2. THE COURT’S JURISDICTION TO MAKE AN ORDER
I. Family Proceedings
II. Persons Entitled to Apply for an Order
III. Seeking Leave to Apply
IV. Restrictions on Making an Order
§3. General Principles Governing the Making of Child Arrangements Orders
I. Orders as to Where and with Whom a Child Should Live
II. Order Relating to Contact with the Child
§4. APPLYING THE WELFARE PRINCIPLE
I. The Presumption of Parental Involvement
II. No Unnecessary Delay
III. No Unnecessary Orders
IV. The Welfare Checklist
A. The Wishes and Feelings of the Child
B. The Child’s Needs
C. The Status Quo
D. The Child’s Characteristics
E. Potential Harm
F. Capability of Potential Carers
§5. CONSEQUENCES OF A CHILD ARRANGEMENTS ORDER
§6. RESTRICTIONS ON REMOVAL OF CHILDREN FROM THE JURISDICTION
I. Restrictions on Removal
II. The Form of Application to the Court
III. Factors Taken into Account in Deciding Whether to Grant Leave
§7. CHILD ARRANGEMENTS ORDER
§8. FOSTER CARE
Chapter 9. Kinship and Affinity
Part III. Matrimonial Property Law
Chapter 1. Rights and Obligations of Spouses
§1. GENERAL PRINCIPLES
§2. THE HOUSEHOLD EXPENSES
§3. MAINTENANCE DURING THE MARRIAGE
§4. THE MATRIMONIAL HOME
I. Ownership
II. Occupation
III. Disposition
IV. Protection
A. Bankruptcy
B. Claims by Other Creditors
Chapter 2. Division of Assets on Divorce, Dissolution or Annulment
§1. INTRODUCTION
§2. PRIVATE ARRANGEMENTS
I. Prenuptial Agreements
II. Postnuptial Agreements
III. Separation Agreements
IV. Consent Orders
V. Financial Dispute Resolution
§3. ADJUDICATION BY THE COURT
I. The Statutory Factors
A. Resources
B. Needs
C. Standard of Living
D. Age of Parties and the Duration of the Marriage
E. Disability
F. Contributions
G. Conduct
H. Loss of Future Assets
II. The Clean Break
§4. DIVORCE AND BANKRUPTCY
Part IV. Succession Law
Chapter 1. Intestate Succession
§1. THE OPENING OF THE SUCCESSION
I. Death
II. Missing Persons and Absentees
§2. ENTITLEMENT TO SUCCEED
I. Capacity to Succeed
II. Commorientes
III. Unworthiness to Succeed
§3. THE SYSTEM OF DESCENT
I. The Classes of Beneficiaries
A. Surviving Spouse or Civil Partner
B. Descendants
C. Ascendants
D. Collaterals
II. Representation
III. Adoption
§4. BONA VACANTIA
Chapter 2. Testamentary Succession
§1. INTRODUCTION
§2. THE CAPACITY TO MAKE A WILL
I. Mental Capacity
II. Undue Influence
§3. FORMALITIES FOR MAKING A WILL
I. Writing, Signatures and Witnesses
II. Joint Wills
III. Alterations
§4. DIFFERENT TYPES OF WILL
I. Privileged Wills
II. Statutory Wills
§5. REVOCATION OF A WILL
I. Destruction
II. Another Will or Codicil
III. Writing Declaring an Intention to Revoke
IV. Marriage
§6. REVIVAL OF A WILL
§7. RESTRICTIONS
I. Contracts to Make a Will
II. Mutual Wills
§8. INTERPRETATION OF A WILL
I. Knowledge and Approval of the Contents of the Will
II. Rectification
III. Construction
§9. LOSING THE RIGHT TO BENEFIT UNDER A WILL
I. Witnesses
II. Divorce, Dissolution or Annulment
III. Forfeiture
IV. Lapse and ademption
Chapter 3. Provision for Family and Dependants
§1. INTRODUCTION
§2. ELIGIBILITY TO APPLY
§3. POWERS OF THE COURT TO MAKE ORDERS
§4. THE BASIS FOR THE COURT’S AWARD
Chapter 4. Acts Inter Vivos Related to the Estate
§1. INTRODUCTION
§2. GIFTS
§3. TRUSTS
I. Fixed Trusts
II. Discretionary Trusts
III. Secret Trusts
IV. Purpose Trusts
§4. DONATIO MORTIS CAUSA
§5. JOINT TENANCIES AND TENANCIES IN COMMON
§6. NOMINATIONS
§7. INSURANCE POLICIES
§8. PROPRIETARY ESTOPPEL
Chapter 5. Acquisition and Administration of the Estate
§1. DETERMINING WHO IS TO ADMINISTER THE ESTATE
§2. ACQUISITION OF THE ESTATE
§3. ADMINISTRATION OF THE ESTATE
Selected Bibliography
Index
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