Family Law

Ideal for: Law Degrees Legal Practice and ILEX Courses Social Worker and Magistrate Training A-Level Law

Family Law provides a clear and comprehensive account of a rapidly developing subject. Besides detailed coverage of statute and case-law, current tre

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Macmillan Law Masters Series editor: Marise Cremona Basic English Law (2nd edn) W. T. Major Business Law Stephen Judge Company Law (3rd edn) Janet Dine Constitutional and Administrative Law (2nd edn) John Alder Contract Law (3rd edn) Ewan McKendrick Conveyancing (2nd edn) Priscilla Sarton Criminal Law Marise Cremona Economic and Social Law and Policy of the European Union Jo Shaw Employment Law (2nd edn) Deborah J. Lockton Family Law (2nd edn) Kate Standley Intellectual Property Law Tina Hart and Linda Fazzani Land Law (3rd edn) Kate Green Landlord and Tenant Law (3rd edn) Margaret Wilkie and Godfrey Cole Law of the European Union (2nd edn) Jo Shaw Law ofSuccession Catherine RendelI Law of Trusts Patrick McLoughlin and Catherine RendelI Legal Method (2nd edn) Ian McLeod Legal Theory Ian McLeod Torts (2nd edn) Alastair Mullis and Ken Oliphant

Family Law Second Edition

Kate Standley

BA.LLB

Lecturer in Law University of Essex

Law series editor: Marise Cremona Senior Fellow, Centre for Commercial Law Studies Queen Mary and Westfield College. University of London

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MACMILLAN

© Kate Standley 1993, 1997 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission . No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London WIP 9HE. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages . The author has asserted her rights to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988 First edition 1993 Second edition 1997 Published by MACMILLAN PRESS LTO Houndmil1s, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world ISBN 978-0-333-71979-4

ISBN 978-1-349-14655-0 (eBook)

DOI 10.1007/978-1-349-14655-0

A catalogue record for this book is available from the British Library. This book is printed on paper suitable for recycling and made from managed and sustained forest sources. 10 9 8 7 6 5 4 3 2 I 06 05 04 03 02 01 00 99 98 97 Typeset by Richard Powel1 Editorial and Production Services , Basingstoke, Hants RG224TX

v

Contents

Preface to the Second Edition

xi

Table of Cases

xii

Table of Statutes

xxvii

Abbreviations of Statutes Abbreviations ofAcademic Journals

u

1

Introduction

1

1.1 1.2 1.3 1.4 1.5

1 2

Part I 2

3

Family law today The function , scope and nature of family law The importance of conciliation and mediation The courts administering family law Legal aid Summary Questions Further reading

MARRIAGE AND COHABITATION

4

6 7 10 10

10

13

Contracting a valid marriage

15

2.1 2.2 2.3 2.4

15 17 21 23 24 24

Contracting a valid marriage : capacity to marry Contracting a valid marriage : formalities Void an