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Financial Arrangements on Separation and Divorce
Exercise 1.Read the text and answer the following questions:
1. When does a wife receive no maintenance from her ex-husband?
2. When does financial support for the children usually end?
3. What is an unusual aspect of the Child Support Act?
4. What is the duty of the Child Support Agency?
As marriage brings with it mutual duties for each partner to look after the other financially, then if they stop living together either partner can obtain maintenance from the other.
This can be done under a voluntary arrangement, in the magistrates' court or in the divorce court. If there is a divorce, the divorce court can divide up the assets(имущество) of the family as it considers fair and just. There is no rule that, say, a wife should receive half of everything. Usually the aim is to give one third of the combined income to the wife, as a starting point, but this must be viewed in the light of many different considerations, such as the age of the partners and their earning capacity. If the marriage has only lasted a short time and the wife is young and has a job, she may be entitled to nothing at all. If a wife leaves her husband to cohabit with another man she might receive no maintenance from her ex-husband if the court finds that the other man is, or should be supporting her. Maintenance for the ex-wife stops on her remarriage, the courts favour a «clean break» wherever possible.
It is usually in the best interests of the wife to have children financial maintenance paid direct to the children. Support for the children usually ends when they complete full-time education. From April 1993 when the Child Support Act 1991 comes into force an entirely new system will operate for the assessment collection and enforcement of child maintenance. The Act established the Child Support Agency to administer this new system.
An unusual aspect of the Act is that when it comes into force the parent who has care of the child (usually the mother) will be obliged to give the identity of the absent parent. The Child Support Agency will have powers to enforce child maintenance by collecting it directly from the earnings or benefit of the absent parent.
The Children Act 1989 brings about radical changes in the law concerning the care of children. The Act is based on the belief that children are best cared for within their own families by both parents and this is reflected in a new concept of parental responsibility. This phrase sums up the rights, duties of parents with regard to the moral, physical and emotional health and well-being of the children. Parental responsibility is not affected by the separation of parents and even in divorce proceedings that responsibility will continue. Both parents will be regarded as having a duty to continue to pay a full part in the upbringing of their children, even after separation and divorce.
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Unmarried Partners
Exercise 1.Read the text and answer the following questions:
1. Is it possible to convince a court that the property of the partners may be shared?
2. What is the power of the court in case of rented property?
3. What is a new approach to cohabitation with concern to the children born outside marriage?
A man and woman who live together as husband and wife without first going through a marriage ceremony are known as cohabitees. For many years the law treated cohabitees differently from married partners in some respects. This different treatment was particularly in evidence where property rights were concerned.
When a couple is married, the place where they live is called the «matrimonial home». This is not so in the case of unmarried partners and the house will usually belong solely to the person in whose name it is owned or rented. However, it may be possible to convince a court that the other partner should have a share in his property. Evidence would need to be produced that for example, a deposit was paid by the other partner, or some of the mortgage instalments; or that a great deal of work was done by the other partner, so increasing the value of the property. Any dispute as to joint ownership could involve complex legal arguments and a solicitor should be consulted. So the simplest way to avoid a dispute is for both partners to put their names on the title deeds. In the event of a sale the proceeds would then be divided on a 50/50 basis in most cases.
If property is rented by a married couple and the marriage ends, the courts have power to transfer the tenancy to the other partner regardless of whose name is on the tenancy agreement. This is not the case where the couple are unmarried. The partner whose name appears on the rent book can evict the other partner, or simply leave home, and in due course the landlord would be entitled to turn out the other partner and any children. However, if the person who is tenant dies , the other partner can claim the right to stay on as the new tenant.
If a woman is able to obtain an order from the country court to exclude the man from the home on the grounds of his violent behaviour to her or the children, she will be entitled to stay on in the house or flat even if it is not in her name and to exclude the man. Such orders normally only last for three months. However, the man still has a right to sell any furniture that he owns.
Recent changes in the law mean that a more up-to-date approach to cohabitation is taken by the law. Both parents of children born outside marriage now have parental responsibility and a say in the upbringing of their children and will be expected to provide for the financial support of their children. Married couples are now taxed separately, and unmarried partners have a right to claim a share in joint property if the relationship ends. Courts can require that the terms of a will be altered in favour of cohabitees and their children and surviving cohabitees have a claim under the Fatal Accident Act 1976 on the death of a partner, in the same way as surviving spouses. Both wives and cohabitees have a right to exclude violent partners from the shared home. In fact, in law as well as in fact there is now very little difference between marriage and cohabitation except as regards the formality of the relationship.
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