Monday, September 9, 2019

Family law Essay Example | Topics and Well Written Essays - 1500 words

Family law - Essay Example It is evident that this family is financially stable particularly because Henry has gotten an inheritance from the mother’s art collection valued at a substantial amount of money. Henry has managed to buy a number of private investments and pensions. Moreover, Wanda was meant to receive certain amount of money from her uncle, but the issue is now becoming complicated as the second wife to her uncle who is in the process of contesting the will.1 Unfortunately, her marriage to Henry is at the verged of breaking. He has decided to divorce Wanda, a decision that has seems to be influenced by his business Mandrake who does not like children. Moreover, he has told Wanda that she will not get any financial help for him and should instead manage the inheritance that is ought to receive from her uncle until she gets back on her feet. Never the less, Henry is willing to pay $ 3000 per year for the upkeep of the three children for duration of three years. Wanda, on the other hand, has fo und new love from the Doctor who treats one of their children, though she is not willing to get married again. Family Law Family law is thus used to resolve all the issues that revolve are different families. According to the given scenario, Wanda must consult the family law in order to have issues solved (Cracknell 2008). In essence, she has to face her former spouse and the second wife to her late Uncle in court in relation to the inheritance given to her by her uncle especially now that her aunt was determined to challenge in court, the decision made by the her late husband. Additionally, Wanda has to contest with the decision that has been made by her divorced husband because it is insufficient for her and the children. In this regard, a number of factors will be put into consideration for her to be guaranteed financial orders by the courts.2 Domestic Contracts According to the family law act, two persons who are married to each other through an agreement must respect the rights , and obligation under the marriage, which include ownership or division of property, and support of obligations.3 Moreover, they have the right to direct education and moral training of their children and any other matter that entails the settlement of their affairs (Cretney 2003). However, they are not in a position to put into custody children. This means that if Wanda and Henry’s marriage was recognizable by the law, then Wanda has the freedom to be in possession of property ad be in a position be allocated the material wealth that they have acquired with Henry during their marriage life. In essence, all the property that Henry has acquired in the last ten years of their marriage will be considered in the ruling when the divorce process begins. Ownership of Property According to the family law Act, the court should put into consideration the ownership of property in all parties (Knight 2008). This simply means that the court should be in a position to advise on the type o f properties that are present (Fortin 2003). Those common and applicable to this scenario are personal ownership of property and joint ownership of property. Henry has an inheritance from his late mother‘s art collection, which qualifies to be called personal property especially now that it has no contesting issues.4 Contrary to this, Wanda has an inheritance, which could also be termed as personal property but it is been contested by the second wife of her late uncle. The rest of the properties that Wanda

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