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Review Paper

5043 words - 21 pages

1.     Identify the legal issues coming out of this case and discuss any intervention strategy that you will use to deal with them. Also, discuss any theory or theories that you will use to inform your action/s.

This assignment is about the emergence of a new type of family structure within the Caribbean islands. It is about a same sex family, comprising of two men and a little boy. Peter who is the breadwinner of the family, Jerome, the keeper of the home, and little Richie who is Peter's five (5) years old nephew.

 This is a different type of family structure, not the type that we are used to, but still a family none the less. They share all the joys and sorrows of any family.  This ...view middle of the document...

6,7 and 8 states that 
6. Under this Part, a cohabitant may apply—
(a) to the High Court for the granting of an adjustment order or for the granting of a  maintenance order; or
(b) to the Magistrate’s Court for the granting of a maintenance order.
 
7. The court shall not make an order under section 6 unless it is satisfied that—
(a) the applicant lived in a cohabitational relationship with the respondent for a period of not less than five years; or Staying or transfer of proceedings Application for property adjustments and maintenance Prerequisites 296 No. 30 Cohabitational Relationships 1998
(b) the applicant has a child arising out of the cohabitational relationship; or
(c) the applicant has made substantial contributions of the kind referred to in section 10, and that failure to make the order would result in grave injustice to the applicant.
 
8. (1) Where cohabitants have ceased to live together as husband and wife on a bona fide domestic basis, an application under this Part shall be made within two years after the day on which they so ceased to live.
 
 (2) The court may grant leave to a cohabitant to apply for an order after the expiration of the period referred to in subsection (1), if the court is satisfied that not to do so would cause undue hardship to the cohabitant or a child of the cohabitational relationship.
The Act further states in No.10 of the same section that 

10. (1) On an application for an adjustment order, the High Court may make any such order as is just and equitable, having regard to—

(a) the financial contributions made directly or indirectly by or on behalf of the cohabitants to the acquisition or improvement of the property and the financial resources of the partners; and

(b) any other contributions, including any contribution made in the capacity of homemaker or parent, made by either of the cohabitants to the welfare of the family Time limit Adjustment order End of financial relationship No. 30 Cohabitational Relationships 1998 297 constituted by them;

(c) the right, title, interest or claim of a legal spouse in the property.

(2) The court may make an order under subsection (1) as to the title or rights of a cohabitant in respect of the property of either or both cohabitants.

(3) An adjustment order made under this Part is binding on the parties to the proceedings, but not on any other person.

According to the book Women and Family Law and Related Issues 229 Questions and Answers by Hazel Thompson-Ahye page 74, Question number 175 which states "my common law husband and I, after living together for over 10 years, have recently separated. He alone used to maintain the home and never wanted me to work. Can I have him continue to support me?”

ANSWER:

“Once you have lived in a common law union for at least five (5) years, you can apply, within two (2) years of your separation, for a periodical payments order for maintenance. The court will consider a number of factors before...

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