Family law week 5

Most common law systems draw a clear distinction between matrimonial property and maintenance, whereas civil law systems in principle deal with both issues simultaneously.

• True.

• False.

Statement I: Spousal maintenance can be only in a form of periodical payment.

Statement II: Child maintenance includes payments made by the State to contribute to the fundamental needs of the child.

• Both statements are correct.

• Both statements are incorrect.

• Only statement I is correct.

• Only statement II is correct.

Which of the following is NOT an order that a court could make to remedy the financial consequences on divorce?

• An order requiring one party to make periodical payments to the other

• An order requiring one party to make a lump sum payment to the other

• An order requiring one party to transfer property to the other

• An order requiring a party to make payments to a third party

Shrek and Fiona want to get married. The default regime for them says that after marriage their personal bank accounts, the furniture in a house bought in both names, will remain for the spouse that is the owner of these assets, but if they decide to divorce, each one will acquire joint ownership rights in their partner’s property. This is:

• Separation of property regime.

• Deferred community of property regime.

• Community of accrued gains.

• Community of acquests.

The Government of Wakanda is drafting new family code. It says that if you get married and you did not conclude a prenuptial or partnership agreement, you and your partner share all present and future assets and debts. You also share all inheritances and gifts, unless the will or deed of gift contains an exclusion clause. Which regime is that?

• Statutory limited community of property.

• Universal community of property.

• Community of accrued gains.

• Deferred community of property.

In a landmark case ECtHR held that:

1)taking into account the broad margin of discretion to be left to States and the need to protect children's best interests, the refusal to authorize adoption did not infringe the principle of proportionality

2) ECHR does not guarantee the right to adopt as such.

This is the case of:

• YC v. UK

• Frette v. France

• Gaskin v UK

• Johnston and others v.Ireland

In the Netherlands the default marital property regime is the limited community of property. Fiona and Shrek want to marry but they do not want to have joint property. What step they can take to ensure that?

• They can verbally agree on that arrangement.

• They can move to another country.

• They can have a civil-law notary draw up a marital agreement.

• They cannot alter the default regime.