Family Home in UK Law
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White v White
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In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. If, in their different spheres, each contributed equally to the family, then in principle it matters not which of them earned the money and built up the assets.
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Lloyds Bank Plc v Rosset and Others
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The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.
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Jitendra Rai v Entry Clearance Officer, New Delhi
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But that, in my view, was not to confront the real issue under article 8(1) in this case, which was whether, as a matter of fact, the appellant had demonstrated that he had a family life with his parents, which had existed at the time of their departure to settle in the United Kingdom and had endured beyond it, notwithstanding their having left Nepal when they did.
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Navaratnam Kugathas v Secretary of State for the Home Department
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Because there is no presumption of family life, in my judgment a family life is not established between an adult child and his surviving parent or other siblings unless something more exists than normal emotional ties: see S v United Kingdom (1984) 40 DR 196 and Abdulaziz, Cabales and Balkandali v United Kingdom [1985] 7 EHRR 471. Such ties might exist if the appellant were dependent on his family or vice versa.
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ZH (Tanzania) v Secretary of State for the Home Department
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This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.
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Vikas Singh and Another v The Secretary of State for the Home Department
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In the case of adults, in the context of immigration control, there is no legal or factual presumption as to the existence or absence of family life for the purposes of Article 8. I point out that the approach of the European Commission for Human Rights cited approvingly in Kugathas did not include any requirement of exceptionality. On the other hand, a young adult living independently of his parents may well not have a family life for the purposes of Article 8.
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Oxley v Hiscock
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But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property.
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Bankruptcy (Scotland) Act 2016
... ... (Scotland) Act 2007, Part 2 of the Home Owner and Debtor Protection (Scotland) Act 2010, the Bankruptcy and Debt ... of aliment” having the meaning given by section 1(2) of the Family Law (Scotland) Act 1985) ,(b) the debtor to make a periodical allowance to ... ...
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Domestic Abuse Act 2021
... ... in civil proceedings; to prohibit cross-examination in person in family or civil proceedings in certain circumstances; to make further provision ... instructions given by that person from time to time;(b) if P changes home address, must notify the person specified under subsection (2) of the new ... ...
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The National Minimum Wage Regulations 2015
... ... a place of work for the purposes of working, unless the worker is at home; ... (c) hours a worker spends travelling for the purposes of working, ... Work does not include work relating to family household ... 57. -(1) In these Regulations, "work" does not include any ... ...
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Regulation and Inspection of Social Care (Wales) Act 2016
... ... for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre ... ...
- The Law Commission and the Family Home
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‘Should I Stay or Should I Go Now? If I Go There will be Trouble and if I Stay it will be Double’: An Examination into the Present and Future of Protective Orders Regulating the Family Home in England and Wales
Occupation orders are the dedicated legal remedy through which victims of domestic abuse can be supported to remain in the family home following a relationship breakdown. Case law indicates, howeve...
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Home and Family Circumstances of Young Offenders: An Examination of Social Workers Views
Crime is endemic in South Africa. It affects citizens across, age, racial, gender, religious, and socio-economic divide. Young persons seem to be the likely suspects and offenders in most criminal ...
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Home visits: a reflection on family contact in a specialist forensic intellectual disability service
Purpose: – There is little published literature about the number of home visits provided to patients within forensic intellectual disability units, and there is no published data on variables that ...
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Application by owner of a park home site for a refusal order preventing the occupier from giving the park home and assigning the agreement to a member of the occupier's family
Forms relating to park homes including termination of an agreement.
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Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Section 2.1: You need to tell the court if you own or part own the family home (or any other ... property) and how much you think it is currently ... ...
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... divorce/dissolution ... To be completed by the Respondent ... Family Court sitting at ... Reset form ... Print form ... Name of Applicant ... a letter from the Secretary of State for the Home Department confirming that ... a prospective party has been granted leave ... ...
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GN5)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... COVID19 judicial advice and guidance (under Family Guidance) on the Court’s home page on ... www.gov.uk The advice is also ... ...