Family Law Essay Example | Topics and Well Written Essays - 2000 words - 1

Family Law - Essay ExampleMaria and mark atomic number 18 not married and in order to apply for a protective order dissever IV of the FLA Maria give have to come within the definition of associated persons as prescribed by the FLA (A Diduck., & F Kaganas., 2006). Section 62 of the FLA defines associated persons and section 62(3) expressly includes cohabitants within the definition of associated persons. Furthermore, section 62(1) (a) of the FLA defines cohabitants as being a man and char who, although not married to each other, are living together as husband and wife, which is at last a question of fact (S Gore., 2007).If we apply this by analogy to Marias position, although Maria theoretically had a separate bedroom and in practice financially contributed to the bills and food, she did not pay rent as a lodger. Moreover, Maria and mark had been dating for just over a year, had a sexual relationship, a great deal slept together and shared a social life as a couple. As such, the factual slew clearly operate in Marias favour to indicate that she and Homer were both cohabitants for the intend of falling under the FLA definition of associated persons, which leads us to consider the potential protective remedies available to Maria against Homer under the FLA.It is important to note at the outset that if Maria decides to seek relief under Part IV of the FLA, she can do so in as little as two years and in emergency situations, Section 45(1) of the FLA enables courts to make a non-molestation or occupation order without notice. At this stage, Homer would have no opportunity to reply to Marias application, however he would have an opportunity as soon just and convenient at a full hearing (Section 45(3)). Such ex-parte applications are determined with regard to the circumstances of the case, including an assessment of the risk of