One of the major differences between the family laws of the two countries consists in how this branch appeared in the two countries, and who deals with matters of family law.
In UK, up until the nineteenth century, family law matters were dealt with by the Church of England through its ecclesiastical courts.
The High Court assumed responsability for family law through the Matrimonial Causes Act 1857 which set up a divorce court as part of a Probate, Divorce and Admiralty Division of the High Court.
The High Court also dealt whit some metters concerning children through the Court of Chancery. The High Court was reorganised by the Administration of Justice Act 1970 when the Family Division of the High Court was formed. County courts have, since 1967, dealt whit much family law work, primarily through their jurisdiction to grant uncontested divorces and deal with financial provision following divorce.
Magistrates have had jurisdiction to make matrimonial orders since 1878. Family law matters are thus split between three different levels of court.
There have been a number of proposals (eg the Finer Report) to create a unified Family Court, but this has not been achieved. The children Act 1989 made wide-ranging reforms, rationalising the way in which the different levels of court operated in relation to each other, and this has allowed for a more uniform approach to family law.
However, this has been complicated by the Child Support Act 1991. Under this Act Government Agency now deals with most cases of financial provision for children, while the courts retain jurisdiction to deal with other family matters.
In the nineteenth century, family law was largely concerned whit marriage and the consequences of a failed marriage.
The principal remedy in the ecclesiastical courts was nullity; a divorce could only be obtained at great cost by a Parliamentary Bill. The courts were then given the right to grant a divorce, but only on very restricted grounds which were often only available to the husband.
Divorce law was mainly concerned whit finding one of the spouses to have been at fault: having committed a matrimonial offence. The present divorce law was established through the Divorce Reform Act 1969 which abolished the idea of fault in divorce proceedings.
The Matrimonial Proceedings and Property Act 1970 gave the courts considerable discretion an powers to make orders for financial provision. These two Acts were consolidated into the Matrimonial Causes Act 1973 which remains the statute dealing with divorce and financial provision after divorce.
Significant reforms to divorce law were made by the Family Law Act 1996 which was passed in July 1996, but these provisions have yet to be brought into force.
The no fault principle was extended to magistrates courts by the Domestic Proceedings and Magistrates Courts Act 1978 in terms of making maintenance orders between separated spouses.
As far as children are concerned the law used to be concerned with ...
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