QUALIFICATION UNIT NUMBER AND TITLE

PEARSON BTEC HND IN LAW (SRF) ASPECTS OF FAMILY LAW

ASSIGNMENT TITLE ASPECTS OF FAMILY LAW

L01:
P1:
Discussion on Void and Voidable Marriages under the MCA 1973.
Void Marriages: Part.1 - of the MCA 1973 is compound and consists primarily of fines or order for
compensation that to be paid by the companies in case of non-compliance to environmental regulation.
While law Section 11 of the Matrimonial Causes Act 1973 (MCA 1973) serves as the statutory basis to
cancel a marriage, the approach follows an elemental framework that results in voiding a
marriage. Under this section, a marriage is automatically considered null and void for the following
reasons:
Prohibited Degrees of Relationship: In this case if the couple are nearer by blood relation, the court
is not able to accept their marriage and it is legally permissible. It covers the ranges of relationships,
which may be the bonds like relation between parent-child, sibling, and some particular close relations.
Age: Subsequently, if any party is below sixteen years old at the time of the marriage and thus the same
is dissolved. This reflects the raising the legal age from minimum in the UK marriage.
Previous Marriages or Civil Partnerships: A set of marriage is invalid in , for instance, when one of
the parties is already lawfully married or in a civil partnership and this is at the time of wedding. This
situation is referred to as bigamy.
Defective Formalities: If a marriage ceremony does not follow all legal formalities, such as conducted
no by a person allowed to register marriages or church performed in non-official churches, it can be
declared as void by court. The Marriage (Same Sex Couples) Act 2013 amended some provisions of
the preceding law and as such, brought changes on the ability of one, or both parties, to enter into a
marriage, adjusting what voided the marriage under the provisions.
Voidable Marriages: The Section 12 of the MCA 1973. In a sense, null marriages, which are
considered invalid from beginning, are not accepted from a jurisprudent point, meanwhile, voidable
marriages are considered to be valid until annulled by a court. Grounds for a marriage being voidable
under Section 12 of the MCA 1973 include:
Non-consummation: Non-consent or failure to consummate the marriage pursuant to the law can also
serve as a basis for annulment granted that it is not on account of the petitioner’s incapacity.
Mental Disorder: In case, a party entering the marriage was confronting a mental disorder of such a
kind or degree as to make it impermissible to ever pass on the marriage vows; such a marriage can be
annulled.
Lack of Consent: If consent to the marriage was coerced, the rituals of marriage were a lie, and the
person involved believed he/she was marrying someone different, the marriage would be set as
voidable.
Health: And if it became known that one of the parties contracting the marriage abused his/her wife
sexually transmitted disease or if a woman conceived the child of a third person during the preference
the marriage can be declared null and voidable.
Yet, this act also states that another reason for marriage being void is polygamy, which is under Section
11 of the same act. If a marriage is happening in the United States the people of the nation can relax
knowing that they can count on the most qualified and ethical candidates available to oversee their state.
In such a case, (either party) are already lawfully married to someone else, which means there will be
polygamy in their marriage; the marriage will consequently be void ab initio. This requires the UK to
reduce its emissions in line with its allocation of permits.
A summary of the conditions under which a marriage is considered void:
Prohibited Degrees of Relationship: Unions within existing family networks like marriages between
close kin.
Age: One or both of the two parties being under 16.
Previous Marriages or Civil Partnerships: The most notable aspect of the work is its emphasis on
the ability of individuals to educate themselves and actively participate in the pursuit of social justice.
At least one person among the engaged couple is either officially divorced or falls in an already legalized
partnership.
Defective Formalities: Conclusion of a marriage without the observance of the legal requirements that
make it valid. Write a response in which you discuss the given sentence and explain your ideas.
Polygamy: Polygamy was consisting of having many wives for the same husband. Within the UK law,
the declaration, being one of the contracting states, gives life to the treaty.
In the perspective of the voidable marriages (Section 12 of the Matrimonial Causes Act 1973) different
reasons may serve as ground for dissolution. The scope of a divorce claim encompasses the
consummation of the marriage, consent, mental health, and the medical conditions at the time of the
marriage. Here’s a detailed breakdown:
Impotency or willful and confounded Spouse`s negligence:
Opposite-sex Marriages: The inability or intentional refusal of either of 'the parties to consummate
marriage can be grounds for voidable marriage. Nonetheless, this does not include a situation where the
disability is caused due to inadequacy of the respondent (the person getting annulled).
Lack of Consent:
All Marriages: A marriage is voidable if either spouse lacked the mental capacity to consent, which
has a reason, for example, the marriage is promised due to force or intimidation.
Duress: Agreement was given under force or pressure.
Mistake: Additionally, it may result in an inappropriate perception of the marriage ritual itself or the
person of their partner.
Unsoundness of Mind: Boom times were not evenly distributed among all sections of the society.
Either for marriage or divorce of any of the spouses, their mental disability if they understand
significantly is limited and/or their decision-making ability is impaired.
Mental Disorder:
Say, if there was an anxiety attack that led to a full blown mental breakdown at the time of the marriage,
the court can have valid grounds to nullify the marriage under this clause. Therefore, make them
unworthy of marriage and cause separation of the couple, the marriage becomes voidable.
Sexually Transmitted Diseases:
As the judge if one party was sexually transmitted disease which the other party was not aware of prior
to the marriage, it is grounds for an annulment.
Another Man Was the Father of My Pregnancy:
In case the wife was impregnated by another man prior to the wedding and the husband was unable to
ascertain this fact, the marriage is considered voidable.
The above base illuminates the law's attention on consent, mental capability and transparency of the
parties who came to agree in the marriage. A voidable marriage becomes legally valid the moment the
marriage takes place, so the petitioner has to prove the ground of the annulment, which he wants. Hence,
an opportunity is created for both parties to present their case before a judge, which ensures that the
marriage is considered sacred not until it is proven.

M1:
These situations can lead to a marriage being voidable:
Mental Disorder:
In case one of the partners was somewhere suffering from serious mental disorder during the marriage
period the marriage would have been annulled as they could not be understood to have a common
understanding of marriage or unable to fulfill marital duties. This regard is because it is possible that
the adverse party, they may not have been delivered of informed consent or have flourished the marital
relationship like expected.
Venereal Disease:
If one party to marriage suffers from a communicable form venereal disease without telling to the other
party at the time of marriage then his/her marriage can be annulled. The law here does so for the sake
of the welfare and the right to informed consent of another person, who may not have accepted to get
married had they understood the hidden truths.
The Babies' Relationship with The Other Man:
The wife becomes also eligible for a divorce if she is pregnant by another man at the time of the marriage
and the husband was not aware of it, as such a marriage can be pronounced as voidable. This
circumstance is the one that influences vice versa the establishment and the confidence level of the
marital union due to the fact that it appears as a measuring stick of the openness and faith expected from
the relationship parties by that time.
Entering into the marriage Procedures for Seeking Decrees of Nullity of Marriage. To pursue a decree
of nullity for any of these reasons, the following steps are generally involved:
Filing for Annulment: The victim must apply for annulment of their fee in the relevant or competent
family court.
Evidence: Substantial evidence is a key point; the proof of a mental disorder must be well presented.
Those of concealing existing venereal disease, or hiding the pregnancy of another man, or children from
another husband at the time of the marriage.
Legal Proceedings: The students are entitled to bring forth their own cases, the court scrutinizes the
testimony and pieces of evidence, and comes to a conclusion on whether they were in a legitimate
marriage or not.
Decree of Nullity: If the court recognizes the claim, it may quash the ownership of the marriage and
come up with a nullity decree which is used to bring the marriage to an end.
there exist individual bars applying to the granting of the decree from being null and void even if using
Section 12 of the Matrimonial Causes Act 1973 and establishing a marriage to be potentially voidable.
These courts make decisions for other courts, which often means that the lower courts cannot institute
a certain action without approval from a higher court. Annulment, because of the respondent's actions
and knowledge after the failure to raise his or her offer in the presence of the defect. Here’s a detailed
explanation of these bars:
Approbation (Ratification):
Definition: Approbation arrives when the petitioner in the course of discovering the facts that make the
wedding voidable acts in a noble way thereby showing that the marriage is acceptable to him/her. This
can include reducing production altogether, applying a cap on output or the introduction of new policies.
we would live together as husband and wife, and I would be with a knowledge of this shortcoming.
Effect: Even if the settling of the marriage is not genuine, but acted like couples, would also cause the
barring of getting a decree on nullity. Next, when the couple admit that they are not madly in love but
only following the marital pattern.
Time:
Limitation Period: Through the statutory time limits, it also simplifies the process of trying the case.
Seconds in which a petition for annulment has to be filed when one refers to a moment when a ground
for annulment is observable. For particularly, petitions that regard non-consummation of marriage
normally should be made within one year after the marriage.
Effect: The absence of timely actions within the time spell can deny a tender petition for annulment.
This clearly symbolizes the principle related to the fact that legal actions can only be pursued without
delays to ensure fairness for all concerned.
Instruction in the result of the mistake:
Awareness: knowing the deficiency and accepting the consequences is what a petitioner agrees on
during the marriage discussion (e.g. terminally ill patient, uncontrolled impulsive eating, drug addicted).
Knowing about STD, whether syphilis or gonorrhea) and mental disorder (such as a bipolar disorder)
and still attended the wedding day was a clear manifestation of her identity. This exception can save
them from getting married on the edge of disorder and then claiming annulment, citing their
unfamiliarity with it as the reason.
Effect: If the claims are found to be groundless and to be presented with the intent of obtaining an
individual benefit, the court will deny the annulment request. The petitioner acknowledged the fact that
he knew these defects at the time of the marriage and therefore, the acceptance of these defects as it is
implied consent to these conditions.

P2:
The legal distinctions of the couples that are married or in civil partnership to those who are not married
or in a civil partnership are evident, for example, in related to rights, responsibilities, and protections
for the law. This disparity arises in many forms such as contentious property deeds, monetary fortunes,
reprieve from taxes, and divorce law. The legal and the financial explanations for such discriminations
frequently are derived from as a result of historical, social and economic issues. Here’s a critical
examination:
Legal Differences:
Property rights and financial support:
Married/Civil Partners: They are known for implementing a legal context that ensures that, when the
marriage/partnership between two parties is legally breaking up, fair and equal property distribution
takes place. Spouses could be entitled for upkeep (alimony) or share pension.
Unmarried Couples: Besides the common law partners owning a property jointly, none of them have
the automatic rights to each other's property without the consent or inheritance of the other. There is no
law granting the use of maintenance by partners, though the children still have the right to child support
while they stay with their parents.
Inheritance and Succession:
Married/Civil Partners: In cases where there is no will, they inherit from one another automatically
if one dies first. Assets passed between them are also free of all inheritance tax.
Unmarried Couples: Unless people execute a will, the law dictates that they do not have any rights
under intestacy. In case a partner dies before the creation of a will, their share of possessions and
inheritance will go to other heirs or beneficiaries as mentioned in will (or if no will, following state
laws). The workers face plausible reputational risks too. For example, the partner also has to pay
inheritance tax for the assets acquired by their partner.
Parental Rights:
Married/Civil Partners: In most cases take on legal obligations and become official guardians for all
children either of partners who already have them while getting married/registered in civil union.
Unmarried Couples: Unwed fathers may take other legal means to attain rights of stayover ship.
Responsibilities of the officer level which might depend on the local laws and their application.
Tax Benefits:
Married/Civil Partners: Usually they fall under different tax breaks, like marriage allowances,
exemptions to capital gains tax and the facility of inheriting pension benefits.
Unmarried Couples: Should not benefit from this tax cut.
Legal and Policy Justifications
Encouragement of Official Legal Promises:
The state promotes marriage and civil unions as a foundation for further and stable family relationships,
which are the pillars of society. The legal institution and protection is one that brings in indeed
incentives for people to engage in them to create legally binding contracts. It is suggest to be more
contributing to a stable environment for the young generation to grow.
Social Stability and Economic Security:
Wedlock and legal unions are considered as a cradle of the society. Traditionally portrayed as
relationships that mainly secure social order. The legislative system helps a person to stay in a secure
mode via those certain rights and duties that cannot be violated, even in the case of relationship
breakups.
D1:
Equally, the way marriage of single and married (male and female) is being treated differently will be
of example to how the current political division in the country feeds into this debate. The fact that the
laws are in the processes of being amended in order to give a special treatment to marriage-related
matters is in itself a very valuable function with which to observe the consequences. Break down these
distinctions and their implications:
Formalities and Legal Interventions:
Married/Civil Partnerships: The law considers only such bonds which are officially recorded and
approved by some sort of formal procedures of entering and terminating these unions. In a legally
married and civil partnership, the legalities of formation are defined and the dissolution due to any
reasons entails the court intervention to settle rights and responsibilities.
Unmarried Couples: The law traditionally doesn’t distinguish the forming or the collapsing of
relationships of couples who did not marry. A common feature of informal relationships is its end which
often does not proceed while formal legal frameworks are absent and may give rise to a blurred
consequence in case assets and charge distribution.
Child's Upbringing:
Married/Civil Partners: In addition to this, they are expressly granted additional and direct rights and
responsibilities such as leading decisions regarding their children's education, healthcare, and welfare.
Unmarried Couples: May run into more complex issues, foremost for men by the fact of their lack of
recognition as fathers, and thus questioning decision-making concerning a child's upbringing unless
such rights are legally recognized.
Property, Finance, and Inheritance:
Married/Civil Partners: Get property division distributed among various assets on dissolution of the
contract, rights to inherit with intestacy rules, and spousal maintenance is often available to the
participants.
Unmarried Couples: Simply, the need to go to a doctor, see a dentist, or get educated is not the
automatic right of an individual. These contenders resort to lease, tax, or motleys legal actions, which
are less predictable and frequently less favorable than own them.
Domestic Abuse and Compensation:
Married/Civil Partners: Have strong legal protections against domestic abuse and it less challenging
to use legal mechanisms such as under the Fatal Accidents Act 1975.
Unmarried Couples: In most instances, however, they are not entirely secure from domestic
misconduct, especially when it comes to channels of successful claim settlements and a number of the
available protections might not be well appreciated.

P3:
Legal Framework for Void Marriages:
Section 11 of the Matrimonial Causes Act 1973: Reply to the rebuttals about the essentiality of the
nullity decree and illustrate the specific circumstances under which the marriage is legally considered
as null without such decree. These include:
Prohibited degrees ranging from siblings to aunts and uncles.
People below the age of marriage. The process of academic writing encompasses multiple stages, from
brainstorming to research and analysis, to presentation and editing.
As a female or married individual by an existing couple in a civil union (e.g. gender in flip, sex, and
heterosexuality of the person by a cohabiting couple).
Marriages obviated by the lack of legal forms prescribed by the law (e.g., their formation ceremony is
questionable).
Policy Rationale: lack of legality protection, mental and physical harm, and following the set of society
rules.
Legal Framework for Voidable Marriage:
Section 12 of the Matrimonial Causes Act 1973: Check how sanity and marriages would be affected
by untold conditions. Becoming the effect of nullification only does not meant that is proposed for an
application but at a court. These grounds include:
Non-consumption due to unfitness exemption or consensual rejection.
Non-conformity to norms in the form of compromised ability to marry.
Forceful penetration without the free will of the person, whether physical or psychological.
Abstinence of sexually transmitted infections or gain is even more. The pregnancy that the husband
later would discover during the marriage that the baby was born by another husband.
Policy Rationale: Elaborate on the significance of granting equal and open access to marriage in order
to defend the rights of people to marry without any restrictions on grounds. Consent is obtained from
the patient idly and without pressure and that secures the health and safety of both parties.
Statistical Implications and Practical Cases:
Petitions for Nullity: Present factual data to demonstrate that the number of divorce cases is many
times higher than that of nullity petitions. Explain why such situation is quite rare, and I would want to
look at the social and legal idea of no-fault divorce, which is a quicker method of dissolving marriages
due to ignorance or very specialized legal arguments not accessible to everyone.
Legal and Social Implications: See the gap resulting from the rare use of nullity petitions which evades
the practical functioning of the legal system. Implementation of such laws in addition to a debate about
the vision of society and matrimony in particular which makes one conclude about the marriage, its
dissolution and what can be understood from that.

P4:
The rarity of nullity petitions coupled with the specific situations in which they can be applied may
mean that people consider if the law of nullity can really exist in our present era or not. While there are
many convincing reasons that warrant the retention of the law of nullity in today’s society as a topic of
debatable, here, under the aegis of this, I would like to discuss why the law of nullity still holds strong
even today as a thought-provoking discussion. Here’s how you could structure this part of the
discussion:
Purpose and Relevance of the Law of Nullity:
Clarification of Legal Marriage Requirements:
Distinguishing Legal Marriages: The law of the nullity is in place to cure a mistake and clearly
identifies what is binding marriage as a lawful contract. Through delineating (specifying), the base-
points regarding when marriages are declared void or voidable, the law helps distinguishing it from
residence non-kind (even type) relationships that are not found in these conditions.
Educational Role: This concretization hence can be a means of spreading knowledge about the laws
and how marriage is a legal ceremony. It stresses the necessity of preserving the statutory criteria for
marriages to ascertain that a single universal set of standards is applied to all marriage cases recognized
by the state.
Protection of Individual Rights:
Preventing Injustice: Firstly, nullity (void) offers relieve in situations where injustice happens and is
seeking to legally recognize a marriage as having not existed. On the other hand, nullity (voidable) aims
to terminate the marriage that has got post- effect of getting divorced. It is, in this way, an obligation to
protect those people who turned out to be considered as participating in unsalable union without
knowing about that.
Health and Safety: Especially with reference to deception about the condition of one's health or forced
consent, the law of nullity acts as an indispensable instrument of law to protect the health and vitality
of individuals.
Maintaining Public Confidence in Marriage:
Upholding Standards: Through keeping lawful qualifications for marriage, law tends to protect
matrimony institution and has it stand for the integrity, sincerity, and reliability of this particular social
institution. Thus, it is provided equal opportunity to everyone keeping in mind that there is no one party
entering into marriage with superior or weaker position than the other party; all clarifying the situation
and implications.
Social Order and Stability: Certainty of the law in respect to valid marriage strengthens the fabric of
society by providing the social order with the clear criteria on how marriages are officially recognized
and are governed by the law.
Discussion of Justifications for Grounds:
Grounds for Void Marriages:
Inherent Invalidity: Analyze the role which the fact that disapproved marriages (e.g., polygamy,
marriage of minors) do not comply with the very definition of marriage which takes into account only
such factors as consent and ability to enter into the marriage. Such norms are based on what the society
and the law regard as valid and accredited only.
Grounds for Voidable Marriages:
Intro about Divorce Law Start with what divorce law is for and where it applies. Specify that it regulate
otherwise a legally burning marriage. Talk about the transformation, from ancient times, where there
were many hardships to the modern & more liberal laws that are more in harmony with the way people
live today.
Historical Context of Divorce Law:
Strict Grounds and Fault-Based Divorce:
Early Law: Initially the divorce legal was extremely difficult to obtain and evidence of wrongdoing
such as infidelity, abandonment, or cruelty was required. The aim to keep families together was the
reflection of those times in which marriages had priority.
Legislation and Reforms: Illustrate the most important historical reforms like the Matrimonial Causes
Act of 1857 that introduced a new court jurisdiction for divorce; in other words, it shifted divorce
matters from Ecclesiastical Courts to civil courts, but still the system depended on divorce for a fault.
The Influence of Social Changes:
20th Century: Explore the increasing impact which arises from the changing societal norms
recognizing irretrievable breakdowns as a ground for divorce, which results in major legislations like
the Divorce Reform Act 1969 which was based on the irreparable breakdowns of the marriages.
Current Law on Divorce:
Grounds for Divorce:
Irretrievable Breakdown: Accusation of fault, and also the grounds for which such as adultery,
unreasonable behavior, desertion or separation have been replaced by No-Fault Divorce in the UK
effective from April 2022 under the Divorce Dissolution and Separation Act 2020.
Comparison with Nullity:
Distinctions in Legal Outcomes:
Legal Status: Describing nullity, which legalizes an existing void or voidable marriage, as a
continuation in form but not in substance of a marriage (for marriages, which were void) or a restoration
to the state of unmarried persons before entry into the marriage (for those that were voidable).
Implications for Rights and Obligations: While couples have a very big reason to get separated which
is considered a legally dissolved marriage and involves relearning duties and rights as well between
parties, the parties involved have to modify all the legal decisions related to this marriage.
Social and Legal Implications:
Stigma and Social Perceptions: Discuss the situation in the part of history when society had negative
reaction to divorce or the reforms that were made, and how the option of nullity can be a better choice
for certain cultural and personal circumstances.

M2:
The Family Law Act 1996: Ones Intentions and Mistakes.
Objectives of the FLA 1996:
Promotion of Non-Confrontational Resolution: Show the FLA main goal was to deal with the cases
and avoid the court process by initiating mediation.
Introduction of 'No-Fault' Divorce: Mention that spouse would be allowed to dissolve their union
without having to identify fault, thus allowing the parties to reduce the contentiousness and participate
in the discussion in a more equitable manner.
Reasons for Its Failure:
Implementation Difficulties: Consider the implementation problems concerning the Family Law Act
and give the relevant examples: in particular, you may refer to the impracticality of no-fault divorce
which was always kept in one’s mind rather than actually being implemented.
Resistance from Key Stakeholders: The discussion ought to highlight the opposition from the legal
body as well as other actors who were used to the existing fault-based system that was ineffective and
contributed to the purpose of the reforms.
Support Mechanisms:
Mediation and Support Services: Determine the role of such mediations, psychological assistance or
financial advice which in their turn can facilitate this period for families.
Current Reforms and Upcoming Directions
Divorce, Dissolution and Separation Act 2020:
Introduction of 'No-Fault' Divorce: The latter is interesting as it talks about the officially adoption of
no-fault divorce with the new Act even though the partial content of the FLA 1996 had not been fulfilled
before.
Impact on Family Law: Think about the extent to which the reform has an influence on the dissolution
of marriages, for example as a measure whether adversarial nature of divorces is likely to be reduced.
This in turn will have a positive effect on making divorce less stressful for all involved parties,
especially children.
Personal Stance:
Support or Criticism: Speak your mind and express your own stance on this case "a slice on the side"
at first glance seems to be a tricky but a relevant law. Considering factors like fairness, the interests of
the young kids, and the families concerning post-divorce condition, give reasons in support of your
view.
Suggestions for Improvement: Make suggestions on what the future modifications may include
increasing the access to mediation, and by tackling the social-economic factors that sour family law
cases.
Historical Context of Divorce Law Pre-2022:
Fault-Based Divorce System:
Overview: Shed light on the old English procedure that was fault based and where the aggrieved partner
was obliged to allege the other's wrongdoing (e.g. cheating, desertion or behavior which was
unbearable) to acquire a divorce.
Criticisms: Make the point about the flaws that are inherent in this system which include parties
undermining themselves when they try assigning responsibilities to each other, and sometimes, ending
up with long lasting and problematic court cases. Examine if this approach tends to add fuel to the fire
and is defective in definition because many a time turmoil in a marriage is the outcome of a multitude
of reasons instead of one simple cause.
The Family Law Act 1996: Intentions and Faults
Aims of the FLA 1996:
Reducing Conflict: Point out that until the time of passing of the FPA in 1996, the main cause of
conflicts between the parties during divorce proceedings were the high levels of animosity and conflict
and antagonism. So stressed the need for mediation and both party should resolve the conflicts amicably.
No-Fault Divorce: Explain the act's purpose in establishing no-fault divorce principle, which could
enable the couple to divorce without accusing the other person as the cause of the divorce and therefore
easing the emotional and psychological burden.
Implementation Challenges:
Failure to Enact Key Provisions: Narrate how faith in the proposals of the FLA 1996 was lost despite
the provisions having a forward looking nature, and the majority of people abandoning the no fault
divorce issues related to the Act. Talk about the rationale like certain areas of the judiciary and legal
are your concerned, functional problems, and maybe the lack of political will.
Part II of the Family Law Act 1996: The Controversial Sides
Introduction to Part II
Overview: You need to start by writing what Part II of the FLA 1996 covers with the focus on
provisions that were adopted as a means of transforming the process of dissolution and divorce through
introducing fault free divorce in addition to an alternative of remaining under grounds for divorce.
Key Provisions and Controversies:
Mandatory Information Meetings: Develop a thesis that notes in Part II that there is a stringent
proclamation on mandatory information meetings for couples planning to divorce with the goal being
the consideration of mediation and other alternative amicable approaches.
Divorce, Dissolution and Separation Act 2020
Overview of the Act:
Rationale and Introduction: Give the Divorce, Dissolution and Separation Act 2020, setting out its
primary objective: to make an overall fault-free approach by eliminating the need to demonstrate the
responsible party for the divorce or separation for spouses in England and Wales as a requirement to
initiate divorce proceedings.
Key Features:
No-fault Divorce: Talk about the issue that Act allows couples to divorce without the reason to put the
blame, the main goal is that it ensures that a marriage dissolution process is less hostile. The marriage
can be dissolved by either party or both by a statutory declaration of irretrievable breakdown, which
may be considered as the conclusive evidence of the collapse of the dissolution.
Removal of Response Options: Expound on the expulsion of the opposition to the divorce petition
which is focused on the objective of the Act to speed up the process and refrain from the procrastination
of one of the spouses from dragging the proceeding longer than it should be by introducing unnecessary
evidence.
Timeline Changes: Define the exact timeframes involved, which include at least 20 weeks from
petition to conditional order and 6 additional weeks until the entire procedure is finalized (i.e. the
absolute decree is issued), allowing enough time for calm thoughts and reaching an agreement to settle
any unresolved financial affairs.
Implications and Reception:
Impact on Divorce Proceedings: Examine the influence of the mentioned changes on how the nature
of several divorce hearings is expected to change to be in a more cooperative manner with regards to
the ancillary subjects such as the custody of children and financial settlements.
Criticism and Support: Include diverse points of views revolving around the reform process. Sardines
will win the audience when they take sides with those who praise the transformation but may draw the
attention of those who would say that there might arise divorce which it is too simple or quick.

L03:
P5:
Regarding the advice on finance issues that Jean should take concerning the ongoing spousal
maintenance issue with David, it is crucial to tackle both legal and practical factors. Here are the main
points to focus on:
Legal Entitlements and Responsibilities:
In the UK, what unavoidably emerges is that people still should not expect to get divorced and not be
finally responsible and one should take into consideration that there is a child who is involved. David
is set to assume a legal role by supporting their child through the upbringing process and maybe found
Jean if in case; her disability constricts her ability to work a full day at the office.
Child Maintenance:
David should pay all the child support owed, irrespective of whether he would like to or he's in the right
mind to regard his wife’s conduct. Payment of a child support is a legal obligation. marriage infidelity
may not justify him from providing for his children. This portion tends to be calculated by the
extrapolation of earnings, the number of kids, as well as the amount of the time each of the children
spends respectively with each parent.
To calculate what should be paid by David now, given that in previous months he paid £70 per week,
the present financial status should be examined but his obligation to financially support the child cannot
be removed without considering the present situation.
Change in Circumstances:
The fact that David decided to switch careers and return to school will sure have a bearing on his
monthly income. Yet, notwithstanding their helping hand at this specific moment in time, the student
does not escape the burden of his financial responsibilities towards the child.

M3:
Maintenance Obligations:
Notwithstanding divorce, David is yet to provide a child maintenance out of necessity. It is not like
marital status is the factor that will dictate their responsibility, but there is always some connection
within their parenting.
Implications of Suspected Adultery:
David`s legal duty to provide support for the child escapes David distrust of the child`s maternity. Such
attitudes very well might provoke personal battles in either specific situations or general feelings, yet
they do not waive him off from paying child support.
Formalizing Separation Agreements:
Due to the fact that they are no longer a couple but not separated for good, a legality of the separation
process seems to be an evident step for Jean and David. It could envisage terms such as child support,
living conditions to the child, and if as well, spousal support is causing Jean problems by her part-time
job and illness.
Legal Advice and Mediation:
In the process, Jean would be well on well to seek legal counsel to learn all about her rights and possibly
draw up a written separation agreement, which legally binds her ex to assist in her financial stability
and of caregiving, as such issues have been accounted for.
Perhaps mediation can be a solution to the financial conflict, since the couple cannot determine the sum
of their monthly income indeed. In a mediator, Jean and David get a persona who can assist them in
attaining a settlement that is favorable to their family and good for the child without let the proceedings
to become the adverse side of the legal process.
Child Maintenance Service (CMS):
If David keeps his promise and releases the money to Jean, he is duly authorized to attend to the CMS
in the case Jean will fail to get the payments. The number to be paid by David depends on his earnings
and confined by them by the court. The CMS should consider this if David's income differs because of
his a new lifestyle. He went to school.
Additional Support:
Additionally, Jean can also check out whether there are other resources financially wise available to her
that may result from her disability, i.e. benefits of disability or assistance to single parents.
In advising Jean with regard to the voluntary periodical payments she previously received from David,
the following steps can help ensure she continues to receive support necessary for caring for their child
and managing her own financial needs given her partial disability:
Documenting Voluntary Payments:
If Jean has data of voluntary past financial sources from David, these should be combined, as they
are examples leading to acceptance of the duty of financial aid. Such a writing captures historical
evidence of the settlement location and can be used in the court case or mediation to prove the
prearranged nature of the agreement.
Legal Recognition of Voluntary Payments:
The money was strictly voluntary however, it could hint at David being ready to shoulder his financial
obligations for the benefit of Jean and the unborn baby. Histories that have already served legal purposes
to address such challenges can be taken as foundation for further growth.
Negotiating a Formal Agreement:
Since the payments were made voluntarily and have stopped, it is high time that Jean looked for another
process, which could be formal. Such a mediation or wording of why am i made about separation that
consist of precise financial support terms could be more predictable and enforceable than informal
arrangements.
Engaging Legal Services:
Jean should speak to a family lawyer since this is the only way she can figure out what to do next. A
lawyer may work with her to ensure that a legally binding agreement is negotiated, containing David’s
commitment to make payments on time or else they can start legal proceedings to obtain the order of
spousal support inclusive of both child support and potential spousal support, since Jean’s incapacity
limits her earning potential.
Applying for Child Maintenance through ( CMS ):
If negotiations do not end with full payments, Deborah can take her ex-spouse to the Child Maintenance
Service (CMS) and get the payment assessed. The MSR could accurately determine what David should
remit based on officiated CMS standard formula which takes his earnings into account; his living
circumstances and if the kid lives with him. The implementation of such legislation would inspire the
transition from a system that currently is based on a voluntary basis to one that becomes enforceable by
the state.
Exploring Additional Support Options:
Besides the aforementioned solution, Jean should consider other supports, namely disability benefits or
any additional government grant. This would help to cushion the financial blow given the fact that she
is disabled and also has care responsibilities to act on.
When trying to figure out what petition to file pursuant to the situation where Jean' husband, David,
ceased to make voluntary payments DPMCA 1978 Sec. 1 becomes very handy and happens to be
specific to her case. Here's a detailed approach Jean can take:
Understanding Section 1 of DPMCA 1978:
As per the Section 1 of the DPMCA 1978, either a spouse or a child’s parent can applies to seek a
maintenance provision from their spouse who has failed to do so. On top of these things this provision
might be specially needed if David went into arrears with the previous Joint debt with Jamie.
Application for a Maintenance Order:
Because Jean has the right to a maintenance order, she can use the statute to help her get a fair
share. This a ruling that will order David to have Jean and the child uphold custody agreement he will
comply with. The amount and the conditions of maintenance aid from David to Jean and their child are
to be decided by the court on grounds of David’s ability to earn, financial need of Jean and their child,
and Jean’s earning capacities which, in turn, are also to be taken into account provided that she is
partially disabled.
Collecting Evidence:
To strengthen Jean's appeal, she could compile the most relevant documents to back up her
application. The tamper should include the financial records indicating the income and the expenses,
the medical evidences relating the disability she had, fact of the child's costs, and also the evidence that
she engages volunteers to pay the bills.
Legal Representation:
The most helpful option for Jean would be to file a case in the court with the help of the lawyer because
a jury trial is complex. A solicitor that specializes in family issues will be useful to her in walking her
through what she needs to do, filing in the required documents, and be a representative of her interests
in the courts.
Consideration of David’s Circumstances:
Court will respectively look at circumstances at present of the concerned David such as his decision
return to university and on the dependence of his parents. In this verdict, the tribunal would be deciding
on an acceptable balance of his remaining obligation and ability to make payments to Jean and their
daughter.
In Jean's case, if David finds a position, his salary is not necessarily going to be enough for him and he
can still be a student, the option of a lump sum order over repayments maybe be much better. Let's delve
into the implications and legal precedents that may support this strategy:
Lump Sum Order vs. Periodical Payments:
With a lump sum order, Jean is able to secure financial stability with a single payment without having
to deal with the confusion of various payments in the future and especially as David may earning an
income as a student that is either not current or minimal amount. Herein, Jean is going to make an easy
buck to pay for their ongoing costs and to take care of their kid.
Monthly charges, usually paid in succession according to the payee’s current and future earning, would
be very substantial lower or even impossible to maintain if David faces no or a low income during his
school life.
Legal Precedent and Rationale:
In this case (E v C), if the court consider the males financial position depended on the state allowance),
the court acknowledged that it would not be logical to make-order for payments of maintenance under
such a financial condition. In this situation, the judge could be push for the consideration that such a
schedule of payment especially from a low-income earner may be burdensome and unrealistic.
Assessment of David's Financial Resources:
The court shall weigh David´s income nor his assets as well as the potential of future earnings or deb If
David has any tangible assets from his private property, savings, or any kind of investments, these might
as well be considered as a means of meeting the demand for the lump sum payment.
There is another point to be taken into account: David has his parents’ sponsorship, thus why he is not
discussed in his finances.
Strategic Legal Arguments:
Monet’s lawyers would need to make an emphasis on why to give priority to the one time payment and
possible conditions for it, at the same time. Among such, defining money's durability in relation to a
foreseeable payment and its increasing and decreasing availability is accounted for. Besides, lifetime
and job-related income ups and downs must be taken into account.
Pressing can also focus on the emergency and ongoing needs such as a disability of Jean’s that is a
reason of her lack of capability to increase her own income.
Court Proceedings and Negotiations:
During judges opinions or negotiations Jean’s legal representation needs to be ready to discuss the time
limit for which the money will be periodically released as a bulk, and the amount as well. Creating
CEOs has been purposed to be outcome on a case-by-case foundation and based on the living costs
analysis, Jean’s potential to create money and the needs the child that Jean is raising will have.
The representative Jean must also expect the counter-position, maybe by referring to David’s economic
restrictions which are nowadays and are projected to occur in the future due to his academic needs.
Nil Assessment by Child Maintenance Service (CMS):
If David had been a student and had no income at all from a personal source, the CMS could categorize
him merely as one of the people with no personal resource to pay for his Medicare coverage. This is
based on the issue that the CMS includes only the earned income from the non-custodial parent and not
the additional support derived from the family and living down their parent's home.
Implications of B v B:
While the circumstances in the case of B v. B highlight the weaknesses of the child support scheme,
especially where a parent’s income is not easy to assess, challenging a judge’s decision through a court
appeal might be an option. The case of this the direction may be understood how the court conducts
such an analysis specifically the financial responsibilities which are liable when the traditional income
sources become insignificant or have drastically gone down.
Such precedence might be nominated to argue for a refined equation where David’s true financial
resources, for example, financial support from his parents or other non-traditional sources, would be
contemplated, while traditionally the financial aid office only considers the Traditional Financial Aid
reports.
Strategies for Jean:
Legal Advice: Jean needs to receive especially skilled legal advice in order to learn how she should
argue for a ros judge to consider David’s living reality rather than guessing unknown money. There
might be case having the court to leave behind the standard CMS evaluation infrastructures and move
to a different level.
Long-term Financial Planning:
Jean plans to be able to make long-term financial arrangements without him that won't be highly
dependent on David's efforts and income, taking into consideration that he might carry out an ox
assessment. This could possibly be done by applying for benefits through the government scheme, with
her situation as a disabled person and other supportive schemes alone parents and families on a low
income.
Mediation and Negotiation:
In addition to this, mediation can be used to set up voluntary commitments, if CMS evaluations gives
no mention about the situation. In addition, occasionally, some agreements settlements secured at this
level of dispute resolution might offer outcomes that are more favorable for all the parties especially
the child.
Bibliography:
Domestic Proceedings and Magistrates' Courts Act of 1978 (DPMCA 1978).
You might want to check out the case law reference: E v C.
Another relevant case law reference is B v B.
L04:
P7:
Country’s legislation is the source of legal parenthood that differs from place to place. Here are the
common methods:
Biological Connection: This recognition of mother who naturally gives birth and biological father as
mention that the Ukraine war has had significant human consequences. Maternity may be mandated if
the couple is married during the child’s birth.
Acknowledgment of Paternity: An unmarried father could prove parentage by an acknowledgment of
paternity form indicating that the father consented to the baby, which is normally done at the hospital
when the child is born or goes through a legal process later.
Adoption: Law usually defines as a child's physical parent by a court petition, which is a result of
adoption. It effects on the one hand national and international adoptions, terminating the parental rights
of a biological parent.
Assisted Reproductive Technology (ART): The parent-child relations for children who are born via
the intervention of ART may be governed by the consent to process, marital status, and agreements
about the spermatozoa, oocyte, or embryo.
Arising problems with the paternity disputes and assisted reproduction cases on the issue of legal
parentage establishment may be complex and legally messy. Here’s how these issues are typically
addressed:
Paternity Disputes:
DNA Testing: The paternity test is the «last word» in the scientific admissibility of the evaluation of
genetic match or non-match, in order to confirm or deny a biological link between a child and a potential
father. Courts frequently order DNA tests to the lawyers in the paternity cases.
Legal Presumptions: In some situations, the husband is regarded as being the father of a child born
during a marriage, this is due to the fact that there are presumptions about the paternity there. This very
act in the court admits the disputability of such assumptions.
Litigation: Some cases of inaccurate DNA tests can be resolved by going to court, in which each party
shows evidence in order to either support or dispute a claim by the involved parties. The judiciary, in
their decision-making, holds parental responsibility as paramount to the child's best interests, genetic
tests outcomes, and the misconduct of the parties.
Assisted Reproduction:
Consent and Contracts: The fundamental question in this regard is to do with the eligible consent
letter that the patient signs before the treatment. Similarly, the partakers may be obliged to the signing
and committing to the deals regulating the rights of the attendees (donors, recipients, and spouses).
Statutory Laws: A while of regions have special laws that rule the parentage issues that come from the
assisted reproductive technologies (ART). These laws may proclaim who is a parent, and this is not
conditioned on the biological link.
Judicial Orders: At times, the pre-birth orders can be made to determine the rights of the intended
parents, in general with regard to surrogacy arrangements. Post birth additional legal actions might
occur concerning the fish application of parental rights by adoptive families.

P8:
The Significance of the Human Rights Act 1998 (HRA) for the UK is the fact that it works towards the
inclusion of the rights mentioned and provided by the European Convention on Human Rights (ECHR)
into domestic British laws. The Act has a long-term play on family law especially if is regards the
position and parentage of all those concerned, through applying human rights as the basis on which
decisions and processes of family law are made. Here are key considerations:
Right to Family Life (Article 8): This is the most specific article of the ECHR encouraging the noble
cause of human rights which is also reflected by the HRA. It ensures pardon in personal, familiar and
home life areas. In cases involving paternity, parenthood, and as far as the assisted reproduction is
concerned, decisions must be made after taking into account the right to arise in a cohesive family
structure and all the parents to be. Besides, this right reinforces the point that individuals should either
be authorized to create a new family by attaining the legal status of the parent or be able to contest the
claim of parentage in order to establish the family tie.
Right to a Fair Trial (Article 6): In the arguments of paternity and the ones concerning the assisted
reproductive processes, the HRA is a principle of justice assurance that every party to the said dispute
he, she or they deserve a fair trial before judgment is passed. Hence, parentage resolution has to be
made not only with a sense of justice but also in the quickest and most impartial way, to protect the
claims of those who are genuinely parents.
Non-discrimination (Article 14): The article is meant to ensure that all the rights and liberties set forth
in the Convention are attained in an equal manner without biasness towards any ground. With respect
to procreation, the essential thing is that institutions and legal systems should not discriminate based on
gender, marital status, race, or sexual orientation. It is in these areas that societal views about single
parenthood and parenting through assisted reproduction technologies have a significant role to play.
Decisions Involving Children (Article 12): This is an indication that the right to marry and start a
family imply that people ought to be allowed to legally tie with the child considering its importance in
their identity and existence, such as inheritance. The HRA is effective in ensuring that any legal
resolutions on parentage and family constitution not only follow the formalities of the law but are
resolute to protect the fundamental human rights and dignity where that may be in question. Lawyers
must take into account even the recently defined rights of parents and advocate for them in all cases of
parentage, especially when controversial and complex issues come from artificial reproduction or wide
change in family structures.

P9:
Legal parenthood and biological parentage aren't the same concepts, they are avoided within the law
to deal with various family structures and scenarios. Here are key aspects of how legal parenthood can
differ from biological parentage:
Adoption: This is a clear instance of when the adoptive parents get a legal parenthood transferred to
them, from the biological parents, with all the parental rights and responsibilities legally taking the
adoptive parents’ place.
Assisted Reproductive Technologies (ART): In instances such as sperm donors, the egg donors or the
surrogates, there is the possibility that the people who supplied the genetic material may not necessarily
be recognized as the legal parents. Parenthood by law could be the result of prior agreements, in which
the parties, (who may not even be genetically related to the child), are identified as legal parents.
Step-Parenting: Adoptions and other legal procedures may make step-parents guardians leaving all the
biological linkages aside.
Same-Sex Parenting: In some places, the queer couple can both be on the parent register, without
regard to their biological relatedness to the child. This can be a parental right transfer e.g., second-
parent adoption, or listing the second parent on the birth certificate at the time of birth.
Presumption of Paternity: Often in the same place a man and a woman are united in marriage the de
facto father is none another than the man who legally married the mother of the child even if not the
biological father.
Legal Implications of ART Legislation: Some countries have specific laws whereby the ones legally
recognized as parents in the case of such technologies as assisted reproductive ones are
stipulated. Through legalizing surrogacy, strict rules can be stipulated that require the donor to give up
all parental rights unless otherwise agreed to, hence setting up two completely different sets of legal
and biological parents.
De Facto Parentage: Some judicial systems reflect what's known as 'de facto' parental rights, which
extend to those who have functioned like parents (living and caring for the child) or that are observed
in long-term cohabitation where those others are not biological parents.
M4:
Rights of the Child: Legal parenthood serves as a condition by which children are born with adequate
care, security, inheritance, and a nation of thieve. Furthermore, it makes provisions for the child to know
and keep a relationship with his or her rightful parents, which is very fundamental to the kid’s emotional
development and identity recognition.
Obligations of Parents: The legal parents are bound to met all the kid’s emotional needs, to invest in
his/her physical well-being and growth, and also to up their education. It also covers such things as
security, medical services, education, and, in some municipalities, such issue as morality and religion. If
an individual does not meet these requirements, there can be opportunities for punishment such as
criminal liability or even death of custody.
Maternity in Assisted Reproduction: In the circumstances where ARTs are used, the woman who
gives birth is still the one recognized legally as the mother, regardless the source of the egg or embryo
that got into her. This legal view focuses on termination or childbirth in order to determine motherhood
and not on the mere genetic similarity between the mother and the child.
Legal Protection and Status: Legalizing parenthood not only gives both the child and parents' legal
rights and responsibilities, but also a framework within which they can be protected from a legal
standpoint. For the parents, it means the right to decide on the life specifics of the child (education,
religious attitude, choice of friends etc.) and to have the custody of or access to the child. For the
children it involves the necessary love and support brought to them by the parents in the society.
Disputes and Resolution: All-encompassing legal definitions and frames can be employed in the
matter of paternity, for the children that are involved in the divorces or separation, the needs of the child
can be catered for as well.
Changes in Legal Definitions:
Some legislatures are redefining of parenthood for the society to advance with the increasing
technologies e.g., determination of non- biologic parents in a same-sex couple as the ones who are
legally fathers or mothers from the beginning.
Biological Father as Legal Father: Nine times out of ten a biological father becomes a child's legal
father, but this can be assuming and so the presumption of law is that a husband is the father of a child
born to his wife within their marriage. This presumption can generally be escaped with a ground that
contradicts it.
Adoption: If the parents adopt the child, their status will change and become full and legal parents
including regarding benefits. This petition is the last step where the legal parenthood of the biological
parents ends and parentage of the adoptive parent is established. The law regards the adoptive parents
as the substitute, de facto parents of the child.
Parental Order in Surrogacy: In surrogacy arrangements, it can be possible to do a parental order,
which would change the parenthood from the surronger and her co-father (in case she has the one) to
commissioning parents. Before they could do the genetic screening or any other process they have the
right to put the actual names of the intended parents into the birth certificate paper.
Limitation of Legal Parents: The legal regime typically outlines that only two persons at most can be
acknowledged as the legally “parents” of a child. Either one of the parents carry the title of the legally
“father,” while the other possess the same title, but with "mother" appendage. It reveals the long-
standing influence of traditional family structures, on the other hand, but is being challenged and shaped
in the way per family differ.
Recognition of a ‘Female Parent’: Several jurisdictions in fact have tailored their legal procedures to
the changes in societal norms and the progress in medical technology through laws that acknowledge
same sex partners as legal parents. In another instance, the non–biological female partner of the birth
mother may be referred to as a "female parent", to show that social and legal definitions of motherhood
and fatherhood are not rigid, but rather are changing.
D2:
The HRA and the ECHR, mixing an array of issues like parentage and parental accountability, certainly
form a complex relationship. A child also has the right to know his/her parentage, which is developing
as a controversial area between human rights law and family law taking changing societal norms,
technology advances, and new legal interpretations onto account.
Right to Know One's Parentage:
In the case of providing children with the right to know their biological parents is one of the issues
considered by the Article 8 of the ECHR, which deals with the right of individual and family
privacy. Concern about identity of a child extends to the rights of the parents, which have to be balanced
in relation to other children rights and the circumstances when the child was conceived(such as
anonymous gesture when provided) The interpretation of Article 8 has evolved to increasingly
recognize this aspect of identity as important:
Identity and Ancestry: Knowing the biological origins of oneself might be needed in order to develop
the identity of a person and, besides that can have impact on health (e.g., genetic diseases). Courts are
quite often required to reach an equilibrium on a number of factors that weigh one against the other of
the donor anonymity issue.
Legal Precedents: As in a number of instances, European courts have passed verdicts stating that a
child has the right to collect information about their parents' biological parents. Nevertheless, making
the decisions involves fending off or balancing the two conflicting rights, i.e. those of the child and
those of the parents/ donors. The verdicts are not strictly in accordance with each other and vary from
place to place.
Confidentiality and Anonymity: ECHR does not provide absolute right to know ones biological
parentage, and of course, it needs to be in accordance with the existing child protection laws. This split
view exemplifies different systems to maintain donor anonymity for sperm and egg, and the rights of
parents notably in cases linking assisted reproduction technologies.
Parental Responsibility:
Parental responsibility, as determined under the law, exceeds the tasks a parent has to do with a child;
additionally it includes rights that a parent acquires concerning a child’s care and the decisions that are
connected with a child’s life.
The HRA and ECHR influence how these responsibilities are interpreted, especially in balancing them
with the child's rights:
Best Interests of the Child: Treatises of the HRA and the ECHR are in agreement with the main
principle that children's best interests should be the highest priority in all areas where the actions deal
with children, which also is a directive in the Convention on the Rights of Children belonging to the
UN.
Impact of Adoption and Surrogacy: Adoption and surrogacy have an indisputable and more or less
straight correlation with the concept of parental responsibility in their legal system that judges guarantee
that any transfer of parental rights and responsibilities serves the child’s best interests.
Cultural and Ethical Dimensions: Parental duty not that limited to the mere preservation of the kid's
cultural and ethical morality, and this may become a decisive factor in the court of custody, and cases
of upbringing, particularly in the case of international matters.
The bind of the HRA and ECHR together with national legislation creates a very complicated legal
environment, where the rights of children for knowing the parenthood and the extent of parental
responsibility is ever evaluating and redefining with the development of legal principals and society in
general. This prevents clear boundary and allows the society and individuals to talk about their views
all the time so that the fine line between individual rights and social values can be determined.
Reasonable Chastisement:
There was previously a common law defense called "reasonable correction" that served to allow parents
to physically discipline children so as long as they would use a reasonable method. However, opinions
about what is acceptable discipline are modified, but they are no longer the same.
Children Act 2004: This law only tightened the noose around the necks of parents who disciplined
their children on what is considered as 'reasonable. The Criminal Justice Amendment Act introduced a
new term "regression" which meant that no punishment which causes bodily harm, such as bruising,
swelling, cuts, grazes or scratches, can be regarded to be reasonable and not lawful.
Welfare of the Child: The underlying principle behind these changes is the provision of legal
guardianship, which is in line with international norms like the UN Convention on the Rights of the
Child, which recognizes the protection of children from all physical and psychological violence.
Cultural Shift: There occurred a much wider shift in parents’ approach to discipline which is based on
using non-physical methods, that illustrated a higher degree of awareness concerning the possible
detrimental mental and physical consequences of corporeal punishment for children.
Parental Responsibility for Unmarried Fathers:
It is the set of all the legal rights, duties, powers, responsibilities and authority a parent has with respect
to the child and the child`s property. Formerly it has so happened that changes in law have indicated a
turn in view that unmarried fathers are not bereft of bond with their children.
Automatic Parental Responsibility: In the past, the only way a cohabiting father could obtain parental
responsibility was by marriage of a woman he was cohabiting with, being named on the birth certificate,
with a parental responsibility agreement with the mother or adoption proceedings. Already changes in
the law now grant an unmarried father the sole guardianship over a child in case he is mentioned on a
child’s birth certificate. This doesn’t necessarily mean that a birth date dicate as in some cases it varies
depending on the law.
Remaining Distinctions: Even though the defections of the distinctions container between married and
unmarried fathers are evident, especially on the automatic nature of acquiring parental responsibility at
the child's birth, such changes have brought similarity in areas that existed before between the two
groups. A married father is considered to be automatically the parent with the wonder of fatherly rights.
Meanwhile, an unmarried father needs to possess other prerequisites to be able to use this right.
Legal Recognition: These changes in the family laws designate the importance of fathers' involvement
in their children's lives and the proof of this fact is even greater due to the variety of marriage status
between parents. The role of daddies is no longer limited to the stereotypical view; rather it has been
iconized with the broader social perspectives of parenting.
Bibliography:
Children Act 2004, chapter 31, United Kingdom.
The Child, 1989.
United Nations Convention on the Rights of the Child.
Human Rights Act 1998, United Kingdom.
European Convention on Human Rights (ECHR), Council of Europe.
Legal Services Commission, “Parental Responsibility: Who has it and how do you get it?” (March
2010), Legal Services Commission, United Kingdom.
Gilmore, Stephen and Sarah R. Williams, Parental Responsibility and Legal Parenthood in England and
Wales: The Importance of the Legal Father.
Gershoff, Elizabeth T., “United States: What Research Tells Us About Its Effects on Children” (2016),
Global Initiative to End All Corporal Punishment of Children.