...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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...Articles for legal blogs The family is the smallest unit of the society. As such, anybody within the legal age bracket can start a family. While that is so, certain matters regarding the duties and responsibilities in a family setup are determined by a court of law. These matters include domestic violence, marriage of homosexuals, adoption, paternity, and divorce. For more information on situations regarding family law, click here. Family law therefore constitutes a set of laws and regulations that the court imposes within matters affecting a family setup. The most common cases regarding family law result from divorce. In this case, the concerned parties involve the services of a family attorney to file for termination of their marital relationships, children support and visitation. You can visit this website for more. Another case that more often than not calls for family law is during property division. While every state has certain provision regarding this type of case not all family members feel contented by them. In such circumstances, disagreeing parties can seek the services of family lawyer who can assist in drawing the prenuptial agreement. In certain situations such as, click here, the court can enforce a prenuptial agreement and allocate the wealth in question, as the law deems appropriate. Another concern of family law is the prevention of physical or psychological abuse. This law is not limited to people in a romantic relationship and their children rather it encompasses...
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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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...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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...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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...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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...Family Law Experts in the Norco Area at Holstrom, Block, & Parke At Holstrom, Block, & Park, we have sworn to oversee all of your legal needs. We offer a level of honesty an integrity that is unsurpassed. We know that legal situations can be intimidating for any client, so our associates take the time to explain complicated matters and answer any questions you may have. We pride ourselves on treating each client the same way we would want to be treated ourselves. The solutions we offer our clients are efficient and as stress free as possible. Our clients are not just another number on a spreadsheet, but real people who deserve professional, respectful, and helpful attorneys. Family Law Attorneys in Norco Our broad range of family law services...
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...Relationships between Families by Hammurabi’s Law Relationships between Families by Hammurabi’s Law Hammurabi laws deal with all aspects of everyday life, and it describes both major and minor offenses and their punishments. It is one of the first written codes of law in history, and it is the longest code that has been discovered. The laws were made to equalize society, establish justice and fairness, bring about the rule of righteousness, and protect the weak from the strong. However, the rich and poor, men and women, and elites and commoners were treated differently under the law. This deepened the social hierarchy and distinctions between classes and genders, which soon became normal and accepted in society. L. W. King states that “Hammurabi laws also influenced the need for one, powerful leader. It used the political power to generate bonds between the people of different races and backgrounds. The Code of Hammurabi was developed by the Babylonian ruler, Hammburabi. He ruled Babylon, which he expanded to cover most of Mesopotamia, from 1792-1750 BCE. Laws, judgments, and decrees were incorporated into the 282 laws that make up the code. The code was given to Hammurabi by the sun God, Shamash. The Babylonian God, Marduk, facilitated Hammurabi's rule. He gave Hammurabi the authority to rule Babylon. Also, the code gave people moral standards, created distinct social classes, and worked to create equality. It was supposed to "protect the weak from the strong", but it in...
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