Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re A, B and C (Children) [2021] EWCA Civ 451
(Court of Appeal, Civil Division, Macur, Baker, Arnold LJJ, 01 April 2021)Public Law Children – Fact finding – Lucas Direction – Sexual abuse allegations – Judge found...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
HMCTS launches updated online court and tribunal finder
HM Courts and Tribunals Service (HMCTS) has launched an updated version of its online court and tribunal finder tool to help those in search of a court, its location, opening times, disabled access...
NFJO publishes report on supervision orders in care proceedings
The Nuffield Family Justice Observatory (NFJO) has published a report following its survey into the use of supervision orders in care proceedings. The survey focused on...
Villiers - the Anglo/Scottish perspective
Heard by the Supreme Court in December 2019, with its judgment last July, this case attracted much interest (or “lurid publicity” as per Mr Justice Mostyn in his judgement this week) as it...
View all articles
Authors

Penny Booth: Relationships, relationships

Sep 29, 2018, 17:39 PM
Slug : PennyBooth07022011
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 7, 2011, 06:45 AM
Article ID : 93525

Penny BoothI see that there are rumblings about cohabitants not having legal support - thank goodness for the dear judge because it would appear that we need to remind the coalition government that something has to be done about the position of cohabitants. This is particularly important for the financially weaker party and the Law Commission's excellent work in 2006-7 ought not to go to waste. I do not think that giving some recognition to longer-standing relationships or ones where there are children of the relationship in order to provide legal protection in defined circumstances will undermine marriage. It may make marriage/ civil partnership an attractively straightforward option, actually. After all, if you want to marry, you will, and Lady Hale's comments in the Radmacher judgment in November 2010 clearly show some judicial support for marriage (and for marriage, read civil partnership?) -a legally recognised state on which judges have frequently commented as a personal state worth utilising for bringing up children.

Law ought to be used to protect the weaker members of society and for the weaker parties to be protected. We all once said something like - that was why we were interested in law - to help people and protect them from themselves - so why not protect cohabitants where it serves weaker parties, children and society?

Domestic Violence just got a teensy bit harder to navigate (see Hayley Trim's Analysis). The widening of the definition by the Supreme Court has been taken out of context (read it properly, you silly tabloids!). This misunderstanding of interpretations in cases (and subsequent analysis by academics, at times) does no-one any good, except to provide stock for the potty scribblers in newspapers who then try to make fun of what is said, scare readers about the application to their lives and generally act in a silly way. Shouting and verbal abuse has been recognised as potential domestic violence for a long time - it just needed a periodic revaluation and we needed to say it again. Of course, all partnerships are different - what is verbal abuse to one is a jolly good exchange of views to another - but the law has to move as our expectations move and change just so long as it is appropriate to use the law to recognise new situations.

Not to worry: seems Cardiff academics (Sunday Times News Review, page 10, 30 January 2011) tell us that being happily married cheers you up and allows you to live longer. The health benefits of stable relationships are good for you - premature deaths are reduced by 10-15% among the 7 countries surveyed, among other benefits. Well done John Gallacher of Cardiff University: "Marriage and other forms of partnership can be placed on a sliding scale of commitment, with greater commitment conferring greater benefit."  Well well - literally.

Penny sets the questions for Family Law journalCPD, a new way to gain CPD points by answering multiple choice questions based on the content of the journal.

She is an Honorary Research Fellow at Liverpool University Centre for the Study of the Child, the Family and the Law. Click here to follow Penny Booth on Twitter.

The views expressed by contributing authors are not necessarily those of Family Law or Jordan Publishing and should not be considered as legal advice.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from