Family Law Essay Example | Topics and Well Written Essays - 1000 words - 2

Family Law - Essay Example Thus, the clause most applicable in this case is one of â€Å"unreasonable behaviour† on part of James. (Family Law Act 1996) It is important to note that the reason for divorce has very little bearing on how the court decides the award of maintenance amount, property ownership/share, etc (Cook 2006). Similarly, decisions regarding the children are made independent of property issues and spouse maintenance issues. Even though the Victorian house is inherited by James, there is no guarantee that he will retain his complete ownership of the house after divorce. Though Susan has not contributed financially to the home or the bills during the marriage, she still has a right to make a claim, for she has â€Å"contributed in kind†. Her complete care for the children allowed James to concentrate on his career. Thus, Susan has a â€Å"beneficial interest† on the property and the court will consider the house as â€Å"Matrimonial Property† (www.dca.gov.uk). The court even has the power to transfer ownership, if need be. Before deciding on how to share the property, the court will take into account the length of the marriage, the parties’ age, their lifestyle needs, their earning capacity and the children’s needs. (Family Law Act 1996) Essentially, when a couple seek divorce, a court can, and quite often does, divide up the matrimonial assets, his, hers and theirs, in any way it sees fit. The resolution of financial disputes in a divorce case is also known as â€Å"ancillary relief†. Regardless of who owns the property, the court may have it transferred to the other and this applies to all property owned either by James or Susan as well as the jointly owned ones. (Watson-Lee 2006) Ownership and Tenancy are two different things. Susan had indicated her wish to continue living in the house along with the children. Susan is being reasonable in making this claim. Given the previous case histories of divorce cases, it could be