Study On The System Of Divorce Ancillary Relief In UK

So far,the marriage and family problem has been paid much attention by the thousands of households,thus,the perfection of family law is closely related to the benefits of common people.Moreover,the marriage and family problem is a worldwide and general problem. Even if the countries are in different areas,they have many common points in the family aspect.This necessarily requires us that we should expand the international exchange and make study on the family law in foreign countries,on this basis we can draw the important achievement of theories and judicial practice outside of China in order to provide some views for the further perfection of the marriage and family law in our country.The United Kingdom is a representative country in Anglo-American Law System.Since the middle of the 19^th century,divorce system has been the focus with the most controversy in family law.At the same time of protecting freedom of divorce,the legislators in UK also reflect on the topic how to provide some remedy means for the party who has economic vulnerability,so can achieve the goal of faimess and justice.The system of ancillary relief is a remedy system which is mainly applied to the divorce parties.Many provisions in this system are significant to our country.This article starts from making study on the system of divorce ancillary relief in UK and looks into the system about the connotation,function,background,content and judicial practice by the means of the theories such as law and sociology,etc.And by penetrating deeply into the system,this article refines the content from the system which is significant to our country.Furthermore,this article points out the defects of related systems in our country and gives some legislation suggestions on the perfection of related systems.This article is divided into four parts apart from foreword and conclusion,including about 35 thousands.The first part:Basic Theory Interpretation of the Divorce Ancillary System in UK.First, this part introduces the connotation and situations of ancillary relief.Ancillary relief is a pecuniary payment to a party to a marriage in UK,on divorce,nullity or judicial separation, but it is mainly applied to divorce.Thus,this article makes study on the system of divorce ancillary relief.The appliance of this system is based on the fact that the parties have legitimate marriage relationship.Second,this part discusses the background of the system of divorce ancillary relief.The objective of this system is to reduce the suffering in the traditional defense procedures and advocacy a kind of culture called "reconciliation".Third, the function of this system is to help the court give the fair distribution of the assets between the parties.The second part:Introduction of The System of Divorce Ancillary Relief in UK.This part introduces the provisions and judicial practice situations of this system in detail,mainly from the procedural and substantive aspects.At first,this part points out the overriding objective of the regulations of this system is to enable the court to deal with cases justly.Then this part gives a systematic introduction of the system of divorce ancillary relief,including divorce ancillary relief procedure,orders which the court can make during the trial and other related matters.The UK is a typical case law country,in view of this,the author illustrates the provisions with some cases.The third part:Analysis and Evaluation of the System of Divorce Ancillary Relief in UK. This part gives an analysis of the system of divorce ancillary relief in UK from the procedural and substantive aspects.On the basis of the provisions which are characteristic or significant to our country,the author elaborates the advantages to parties and the court.In the course of appraisal,the author introduces some relevant provisions of other countries in order to explore the trend of divorce law around the world.The forth part:the Thought about the Perfection of Related Systems in China.First,this part analyses legislation conditions about related systems which include asset division, financial assistance and household labor compensation.Second,according to the actual situation,the author analyses the shortage and defect of related systems in China.Third,by the means of making comprehensive and in-depth study on the system of divorce ancillary relief,the author gives some legislation suggestions about divorce law,which are based on the actual conditions of our country.