Family Law has Evolved to Suit Modern Society Essay

Family Law has Evolved to Suit Modern ordering - Essay ExampleHowever, the Law missionary stations paper recommending reformations that would govern the distribution of property mingled with cohabitants upon the breakup of the kinship3 demonstrates that Family Law in England and Wales has still further to evolve before it can be accordant with juvenile society. The Law Commissions paper identifies a crucial inconsistency between British Family law and modern society. The reality is families argon formed without the benefit of a solemnized marriage in modern society, particularly between aforesaid(prenominal) sex partners. These families start out like whatever other family intending to dumbfound their lives together indefinitely and by making this commitment they raise children together and purchase property together. In other words, in modern society the structure of the family has changed dramatically.4 The introduction of the Civil Partnership Act 2004 grants same sex cou ples with the facilities to establish a partnership that is similar to a civil partnership and confers upon the partners specific rights and responsibilities that are commonly granted to married couples.5 However, there is no right to claim financial/ union hurt upon the crack-up on a civil partnership.6 Beyond the 2004 Act, individual couples remain at a damage in terms of settling property once the relationship comes to an end. This reality has led the Law Commission to refer to the concept of common law marriage as a myth.7 As Baroness pathos Deech explains, the idea that there is a family institution in England and Wales referred to as common law marriage is incorrect.8 The judiciary does not have the authority to settle property or the rights of couples who have lived together for any period of time and have decided to end their relationship. The only recourse of cohabiting couples ending a relationship is to seek civil remedies sexual relation to claiming property throu gh litigation.9 For unwed couples who live together all questions relative to finances and property must be resolved by reference to the applicable property and trusts laws.10 It is black that unmarried couples are denied the opportunity to resolve the financial issues arising out of the breakdown of their cohabitation when modern society demands that they do. Samantha utterer explains that public opinion is on the side of granting unmarried cohabitees the same property rights as married couples. For instance, British Social Attitudes Survey conducted in 2006 revealed that most members of the public are of the view that cohabitants should have access to financial relief on relationship breakdown.11 A more recent study on unmarried cohabitees in 2007/2008 revealed that 74% of the respondents behaveed the idea of unmarried couples having access to marital property settlement laws upon the breakdown of their relationship.12 The consequences of the denial of matrimonial property sett lement laws are particularly difficult for the cohabitee who depended on the financial support of the other cohabitee. The Family law applicable to married couples certainly recognizes the potential for hardship on the dependent spouse. For instance, prick 25A(2) of the Matrimonial and Family Proceedings Act 1984 provides that the court is required to determine whether or not an order for spousal support is necessary and in doing so, the court must determine Whether it would be appropriate to require those payments to be made