Family Law Exam Answers


  • In Dennis v Dennis[5], adultery is defined as a voluntary act of sexual intercourse between Sandra and another person who is of the opposite sex. According to Sapsford v Sapsford[6], It is unlikely that this incident is sufficient to constitute a...
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  • Further, it must be noted that, adultery is a serious accusation to make and thus the courts have always insisted on strong evidence to allow such accusation. According to Livingstone- Stallard[11], the focus is not on the gravity of the behaviour...
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  • Here, it is likely that Jason would have a good chance of obtaining a residence order as the facts that Sandra and Craig is starting a new relationship and there is no evidence that Craig seems to fit the stereotype of the replacement father. However, even if the court grants a residence order in favour of Jason, the parental responsibility of Sandra towards Joyce and Tom will not be terminated. Section 1 1 of MCA provides that irretrievable breakdown of marriage is the only ground for divorce and this can only be established if one of the five facts listed in section 1 2 of the MCA The courts have taken a strict approach in allowing a non-fault divorce and the degree of separation does not limit to the normal notion of physical contact but it also involves mental element.
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  • For instance, in Mouncer v Mouncer, regardless the facts that the parties were slept in separate bedrooms, it was held that they were living apart as they continued to spend time with their children together. In the other words, the law has failed to fulfil its original objective that to enable the parties of a marriage to end their relationship with minimum bitterness and hostility.
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  • Fault remains as an important exists that dominate the law of divorce in England and Wales today. Division of financial assets and Child contact and residence According to Thorpe J in Dart v Dart, the court are given wide discretion to make orders which suits the needs of individual cases, albeit guided by the various factors set out in the statutory framework. With regards to the financial distribution on marriage breakdown, section 25 1 of the MCA required the court to take into account to all circumstance of the case, whereby section 25 2 g provides that the conduct of the parties is one of the factors that should be considered. Even though, it is arguably that the introduction of no-fault divorce by MCA reduced the significance of fault in determining the distribution of property, but by reviewing the case law, the outcome of the reform is somehow disappointing.
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  • As a result, section 25 2 g was highly criticised as it undermines the aim of the law to remove incentive to make allegations of fault in order to divorce peacefully. On the other hand, it must be noted that, by virtue of section 2 1 of Children Act , the parental responsibility of the parties remains even after divorce. In determining the issue in relation to child contact and residence, the welfare checklist set out in section 1 3 of CA plays a prominent role in the decision making. Nevertheless, we are not arguing a reform towards a purely no-fault divorce because, as according to Deech, this will give too much freedom to the individual and give them a wrongful thought that divorce something can be obtained easily.
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  • Family law : multiple-choice and short-answer questions and answers. B 1st year students. Family law is an area of the law that deals with family matters such as adoption, divorce and domestic relations. Here we have given all the reference books for family law, and also we have given notes and text book pdfs for Family law. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, a model answer is provided. Second, the difficulty order on the Practice Final Exam is purposely random. Answer the following questions and then press 'Submit' to get your score. Question 1. Uniform format for all our exams.
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  • Model answers included for every exam. Unlimited access to exams with model answers in 14 subjects. Top-notch customer support. Each multiple-choice question is accompanied by a detailed answer that indicates which of four options is the best answer and explains why that option is better than the other three options. These questions reflect the significant changes that have occurred since the last edition, such as the recognition of same-sex marriage nationwide, and some of the state practices that continue to diverge, including the role, if any, played by fault in divorce; which property is subject to.
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  • Description: xi, pages ; 28 cm. Contents: Minor marriages --Bigamous marriages --Incestuous marriages --Marriage and sexual relations --Marriage and competency --Cohabitation and prenuptial and postnuptial agreements --Marriage and fraud --Common law marriage --Civil unions --Divorce --Divorce defenses. Free delivery on qualified orders. This study guide includes over multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 28 questions comprising a comprehensive "practice exam. Question 1 Which of the following factors are not factors that should be taken into account when deciding whether a marriage is a non-marriage? Nullity Chapter 3. Divorce, dissolution, and judicial separation Chapter 4.
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  • Domestic violence Chapter 5. Financial provision on divorce or dissolution Chapter 6. The Children Act - the private law Chapter 7. Each objective question contains four options. Out of four options one option is correct. Students can view the solution by clicking the 'View Answers'. Everyday low prices and free delivery on eligible orders. Related Studylists. Family law Law of persons Family law. You are currently viewing a preview. In some styles of exams, you lose marks for incorrect answers. It is the usual multiple-choice format with four possible answers.
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  • Michael D. Birchmore answered on May 17, Just have him change his name by filing for a name change through the court. I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I Consult with an attorney who can help you with the case going forward. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at , ext. My son is about to turn 11 and they have never met. I tried when my son was younger and bio dad never wanted to he does pay child support and we are a 2 state case. I haven't had any contact with him in 7 years untill today when he messaged me says he's taking me to court.
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  • I'm scared Read more » Brent T. Geers answered on May 17, Contrary to some opinion, judges are not mindless or impractical. Most every family court judge has seen this sort of scenario before. The dad will get some parenting time if he asks for it, and so long as he is appropriate with it. No, the court will not just send your son off on a plane or in a Timothy Denison answered on May 16, You both have equal rights to her.
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  • You should have a lawyer draft a custodial agreement that you both agree to follow. I need my clearly distraught over my father's death, and clearly in need of mental health Mother' medical attention. Read more » Ellen Cronin Badeaux answered on May 15, You have 2 choices: 1 cut all connection to her. Perhaps also get an attorney to file a Restraining Order. Mark Oakley answered on May 15, There's no law against it.
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  • In a custody dispute between two parents, such an arrangement among many other factors may be considered in deciding which parent can provide the best home environment to their children. Your question has too few facts to place it into any legal context. In poor Read more » V. What county is your case in? You may have to ask for a continuance.
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  • ANSWER 1: b 1 The amount of child support set in a separation agreement is: a The amount, which must be set by the court, in absence of evidence to the contrary. Morning and his employee, Miss Goodnight, lived together in North Carolina for 10 years before they decided to marry, both working for Mr. During this ten-year period, the couple lived in Mr. Miss Goodnight had paid all of the utility bills, all clothing, and food expenses for the couple during the time they lived together.
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  • After their marriage, Mr. The marriage lasted exactly one year at which time the couple separated, sought equitable distribution and are now divorced. A What, if anything, does Mrs. Morning own with regard to the home the couple lived in during the ten-year period? Explain your answer. B What is Mrs. Morning entitled to receive from the condominium? C What is Mrs. D What, if anything, are Mr.
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  • Morning and Mrs. Morning has no interest with regard to the home the couple lived in during the ten-year period prior to their marriage. Any remedy that Mrs. Morning may have would have to sound in unjust enrichment or quasi contract and could relate only to such issues. No consideration can be given in North Carolina for a sexual relationship between parties who are unmarried. Additionally, the home was inherited and was lien free. During the one-year period of the marriage, there is no evidence there was any active appreciation and thus any appreciation there may have been would have been passive. B With respect to the condominium, the parties took title as tenants by the entirety. Under McLean and its progeny, this would give rise to a strong presumption, rebuttable only by clear and convincing evidence, that the parties intended a gift to the marital estate.
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  • There is no evidence in this fact pattern to suggest this presumption could be overcome. A recent amendment to N. In practice, the stricter McLean presumption may still be applied. The equitable distribution statute states that separate property remains separate property regardless of how it is titled. Nothing in this fact situation evidences any intent to make a gift to Mr. D No marital rights of any type are acquired by a couple living together without the benefit of marriage.
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  • Therefore, any contributions Mr. Morning made to his retirement account prior to his marriage to Mrs. Morning would be his separate property. This would also be true for Mrs. Morning, i. With respect to the contributions made by each party during their marriage and prior to their separation, these contributions would be marital. The contributions were 15 percent of the salary received for work performed during the marriage and as such would be classified as marital property.
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  • Bonnie is a current resident of Maryland, therefore, Maryland would have jurisdiction. A temporary civil protection order is issued only upon a judge finding reasonable grounds to believe that a person eligible for relief has been abused. The judge must find by clear and convincing evidence that the abuse occurred. A commissioner may issue an interim order when the Office of the Clerk of the Circuit Court or the Office of the District court Clerk is not open. With both the temporary and the final protective orders, the judge must find that a person eligible for relief PEFR has been abused. Bonnie could be given a temporary protective order, as she is a PEFR, and was abused by the respondent. Section e provides factors the judge must look at in ordering the vacation of a home. Considering these factors, there are three minor children in the home, a five-year relationship, the home is titled as tenants by the entirety, purchased mostly by Bonnie's parents, a history of verbal and physical abuse by Bart, alternative housing may be available, and financial resources may be an issue, as both of their salaries have decreased.
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  • Bonnie may have legal remedy available to her to force Bart out of the home if she files a protection order petition. Since the grounds for Bonnie's divorce, which will be considered in more detail below, occurred in Maryland, the 1 year residency requirement of Md. Code Ann. Nevertheless, it seems that the residency requirement is satisfied if Bonnie consults with you in May of Section would govern both any fault and no-fault based grounds under which Bonnie could seek a decree of absolute divorce against Bart. Under Md. See Das v. Das, Md.
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  • With respect to Bart's verbal abuse, Bonnie would have to demonstrate that such abuse had caused her certain physical symptoms which were endangering her life. More particularly, Bonnie could plausibly argue that Bart's systemic abuse had endangered her mental health and caused her to seek therapy from a psychiatrist. Since Bart's alcoholism, refusal to obtain treatment, and physical and verbal abuse has become "intolerable" to Bonnie, it is possible that she could look to the fault based ground of constructive desertion. See Md. Since Bart refuses to vacate the marital home, Bonnie may, therefore, be able to apply for an absolute divorce for constructive desertion if she leaves the marital home with the intent of ending her marriage with Bart for the statutory period of one year.
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  • Bonnie should take an objective as possible look at the situation in light of what is best for the children. There are arguments on both sides as to why Bart should or should not retain joint legal custody. An argument for joint legal custody is that the children will be benefited by having their father involved in making important decisions about their lives and help guide them to adulthood. Bonnie's mental problems may make parenting all the more difficult. While the fact of her treatment is positive, the children would benefit from Bart's participation in decisions. On the other hand, if Bart is "impossible to deal with" it might be an exercise in futility for Bonnie to consult with him on all important decisions.
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