Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

FAMILY LAW IN THE UK:

In the UK, family MARRIAGElaw is a branchANDofDIVORCEcivil law that deals with issues relating to family relationships. Family law is a vital area of legal practice that governs the rights and responsibilities of individuals in familial relationships, including marriage, divorce, child custody, and adoption. It aims to resolve disputes and protect the well-being offamilieswhilealsoaddressingissueslikepropertydivisionandspousal support.

Marriage laws cover all aspects of marriage – from the minimum age for marriage, the rights of the couple, the process of obtaining amarriagelicencetothedissolutionofmarriage.Theyensurethelegality of the marriage and protect the rights of all involved parties. In the UK, this involves several specific aspects:

The legal age for marriage without parental consent is 18. People need parental consent if they are 16 or 17.

Bigamy,orbeingmarriedtomorethanonepersonatthesametime, is illegal.

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2. Find in the text the English equivalents for the following words and

праваphrases:и обязанности; свидетельство обраке; ближайший родственник; развод; расторжение брака; усыновление / удочерение; опека над детьми; супруг; двоеженство / двоемужие; оплатить государственную пошлину; право наследования; подать заявление; постановление о разводе, вступающее в силу с определенного срока; окончательное (вступившее в силу) постановление о разводе.

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4. Make up your own sentences using the words and expressions from

exercises2and3.

adultery, age,5dissolution.Fillintheblanksofmarriage,usingthedomesticfollowingviolence,filewordsandaexpressions:fault-based divorce, file a no-fault divorce, general marriage (2), parental consent,

MarriageintheUnitedStatesisalegal,social,andreligiousinstitution. The marriage 1) ___________________ is set by each state and territory, either by statute or the common law applies. An individual may marry without 2) ___________________ ___________________or other authorization on reaching 18 years of age in all states except in Nebraska (where the 3) ___________________ ___________________ age is 19) and Mississippi (where the 4)___________________ ___________________age is 21.)

Divorce (known as 5) _____________________ ______ _____________________

insomestates)lawsalsovarybystate.Whileallstatesnowrecognizenofault divorce, there are still some that allow fault-based divorces aswell. When you 6) ________ _______ ___________________ ___________________, you don’t necessarily have to provide a reason for your split at the time of filing.

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You can simply cite irreconcilable differences that led to the breakdown ofthemarriage.Ifyou7) ________ _______ __________________ __________________, you’ll need to cite the specific reason your partner was to blame for the breakdown of the marriage. The reason you provide must be one that is acceptable under the law, like 8) ___________________ , desertion, 9) ___________________ ___________________ , or a criminal conviction. Legally acceptable reasons may vary based on state laws.

16.UseWhatthefollowingdoes familyquestionslaw govern?toretellthe2. Whattext: aspects of marriage domarriagelawscover?3.WhohastherighttomarryintheUK?4.What do you need to do to get a marriage licence? 5. What does divorce law govern? 6. What are thegrounds for divorce? 7. What isthe legal process for getting a divorce in the UK?

7. Read the situations given below. Were all the UK requirements fulfilled1. Afterandthedecidingnecessaryto getstepsmarriedfollowed?in the UK, John and Jane needed to prepare certain documents, including proof of their name, age, nationality, and marital status. They then went to their local register office to give notice. The next day, they were issued their UK marriage licence.

2. Mary wants to file for a divorce from her husband, Ben. She files a divorce petition, citing unreasonable behaviour. Ben receives the petition, doesn’t agree with the content and opposes the divorce. The court then issues adecree nisi. After six weeks, Mary applies for and receives the decree absolute, thus, legally ending her marriage to Ben.

3. Jack and Sara, both 19, decided to get married. They should first notify their local registry office tostart thenotice period of28 days. Both being unmarried and not related, they meet thelegal requirements. They plan to marry in a hotel, an approved premise.

TEXT 2

8. Read the text and make a list of child custody arrangements mentionedinit:

UNDERSTANDING CHILD CUSTODY

Child custody is oneIN THEof theUKmostLEGALcrucialSYSTEMaspects to consider during a divorce or separation. Child custody refers to the legal rights and

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responsibilities a parent has regarding their child’s upbringing and wellbeing.Thekeyconcernisdeterminingwhatwillbeinthechild’sbest interests.

In the UK, various types of child custody arrangements can be implemented depending on the specifics of the situation. Choosing the right type of child custody arrangement is dependent on various factors including the child’s age, parents’ work schedule, location, and the consensus of parents.

Joint custody implies that both parents share legal rights and responsibilitiesondecisionsthatconcernthechild.Itisidealiftheparents live near each other, can communicate and cooperate effectively, and mutually prioritise the child’s best interest.

Sole custody means that only one parent has the legal rights and responsibilities to make decisions about thechild. It isappropriate when one parent is deemed unfit due to reasons like addiction, child abuse, or neglect. Also it is suitable when parents live far apart.

Joint physical custody refers to the situation where the child’s time is split between both parents’ residence. It can work well when parents live near each other and can provide a comfortable routine that suits the child’s schooling, social activities, etc.

Solephysicalcustodymeansthatthechildliveswithoneparent,while the other parent may have visitation rights. It is ideal when one parent has a demanding work schedule or if the child’s safety can be ensured better at one home.

In the UK, it is possible for parents to establish a child custody agreement without having to go to court. This process mainly includes negotiation and dialogue between both parents. A child custody agreement is a documented consensus between parents outlining thetermsofbothparents’rightsandobligationstowardstheirchildpostseparation or divorce, ranging from living arrangements to decisions oneducationandhealth.Theparentsthenhavethisagreementnotarised, makingitlegallybinding.Itisimportantthatthetermsoutlinedinachild custody agreement are unbiased and prioritise the child’s well-being. Both parents should agree to the stipulations willingly.

Based on (https://www.studysmarterStudySmarter.co.uk/explanations/law/Child Custody

uk-legal-system/child-custody/)

9. Translate your list of child custody arrangements and say if they are differentorthesameinourcountry.

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11. Read the text again and decide whether the following statements

. In the UK child custody automatically favours mothers. aretrueorfalse.Ifthesta ementparentsisfalse,correctit:

2. The UK law allows to arrange a child custody agreement without having to go to court.

3. Types of child custody arrangements in the UK may include joint custody, sole custody, joint psychical custody, and sole psychical custody.

4. A child custody agreement is a documented consensus between parentsoutliningbothparents’rightsandobligationstowardstheirchild post-separation or divorce.

5.Whenchoosingtherighttypeofchildcustodyarrangementfactors considered include the child’s age, parents’ work schedule, location, and the consensus of parents.

6. Joint physical custody is ideal when one parent has a demanding work schedule or if the child’s safety can be ensured better at one home.

7. Joint custody means that both parents have the legal rights and responsibilities to make decisions about the child.

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12. Determine the type of child custody arrangement in the following

. Consider a divorced couple with ___________________ __________________

custodyases: .TheirchildcouldlivewiththemotherfromMondaytoWednesday and with the father from Thursday to Saturday. Sundays could alternate between the two parents every other week.

2. Suppose a couple divorces and one parent regularly travels for business. It would be in the child’s best interest to have one stable home base. Hence, the other parent gets ________________ ________________ custody, while the travelling parent is allowed regular contact or visitation rights.

Two parents decide to part amicably. Theyfollowingsit downcase?and draft

13.Wereallthenecessarystepsfollowedincustody

anagreementstatingthattheywillsharejoint oftheirchild.They also determine specifics, such asprimary residence, visitation schedules, decision-makingdutiesonmattersofschooling,andhealthcare,amongst others. Theparents then have this agreement notarised, making it legally binding.

TEXT 3

14.ReadthetextquicklyandsaywhattypesofadoptionexistintheUK:

ADOPTION IN THE UK LEGAL SYSTEM:

Adoption offers a uniqueANopportunityOVERVIEWfor individuals and couples to grow their families, providing children with a loving and secure environment. Adoption involves the legal transfer of parental rights and responsibilities from a child’s birth parent(s) to the adoptive parent(s). Aftertheadoption,thechildbecomesafullmemberoftheadoptivefamily, and the law no longer recognizes the child’s relationship with the birth parent(s).

All legal adoptions in the UK must be arranged through an adoption agency and must also be finalised by a court. The requirements are the following:

Consent:Birthparentsmustfreelygivetheirconsentfortheirchild to be placed for adoption, unless:

They cannot be found or are incapable of giving consent.The child’s welfare would be at risk.

Age: In the UK, a person can adopt a child if he or she is aged 21 or over. There is no upper age limit.

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domestic15.Filladoption,intheblanksfosterusing-to-theadoptfollowingcare, internationalwordsfromtheadoption,text: stepparent adoption.

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JaneandBrian,aUK-basedcouple,consideradoptingachild.Theycan choose1)___________________ ___________________,iftheydecidetotakeachild fromtheUK.Analternativecouldbe2)___________________ __________________, welcoming a child from the India or China into their family.

If Jane happens to have a child from a previous relationship, they could additionally consider 3) _____________________ _____________________ , allowingBriantolegallyadoptJane’schild.FosteringachildintheUKand subsequently adopting them forms another potential pathway known as 4) ___________________ ___________________ .

A16.couple,WereallRobertthenecessaryand Lisa,tepswantsfollowedto adoptinthefollowinga child. Theycase? contact an adoption agency revealing their intent. The agency instructs them on theadoptionprocessandinvitesthemtoanadoptionpreparationcourse. After the course, the agency helps to match a child fitting the couple’s lifestyle.Onceallpartiesagree,thecouplemeetsthechildandsoonbegins theplacement.Theylaterapplytothecourtfortheadoptionorder,which effectivelycompletestheadoptionprocess,grantingLisaandRobertlegal parental rights over the child.

17.Makeupaplanofthetextandretellthetextaccordingtoyourplan.

WRITING: ACADEMIC SUMMARY

18.Read an excerpt of the following paper describing the results of a profound survey about the changes in the institution of marriage and write its summary in Russian and/or English using “How to write anacademicsummary”p.23.

MARRIAGES AND DIVORCES

How is the institution of marriage changing? What percentage of marriages end in divorce? Explore global data on marriages and divorces..

By: Esteban Ortiz-Ospina and Max Roser

This page was first published in July 2020 and last revised in April 2024.

Marriage, as a social institution, has been around for thousands of years.. With things that are thousands of years old, it is easy to assume that they can only change slowly.. But developments since the middle of the 20th century show that this assumption is wrong: in many countries, marriages are becoming less common, people are marrying later, unmarried couples are increasingly choosing to live together,

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and in many countries, we are seeing a ‘decoupling’ of parenthood and marriage.. Within thelast decades theinstitution ofmarriage has changed more than in thousands of years before..

Marriages are becoming less common In many countries, marriage rates are declining

The proportion of people who are getting married is going down in many countries across the world..

The chart here shows this trend for a selection of countries.. It combines data from multiple sources, including statistical country offices and reports from the UN, Eurostat, and the OECD..

[…]

For the US we have data on marriage rates going back to the start of the 20th century.. This lets us see when the decline started, and trace the influence of social and economic changes during the process..

In 1920, shortly after the First World War, there were 12 marriages annually for every 1,000 people in the US.. Marriages in the US then were almost twice as common as today..

In the 1930s, during the Great Depression, the rate fell sharply.. In the 1930s marriages became again more common and in 1946 – the year after the Second World War ended – marriages reached a peak of 16..4 marriages per 1,000 people..

Marriage rates fell again in the 1950s and then bounced back in the 1960s..

The long decline started in the 1970s.. Since 1972, marriage rates in the US have fallen by almost 50%, and are currently at thelowest point in recorded history..

The chart also shows that in comparison to other rich countries, the US has had particularly high historical marriage rates.. But in terms of changes over time, the trend looks similar for other rich countries.. The UK and Australia, for example, have also seen marriage rates declining for decades, and are currently at the lowest point in recorded history..

For non-rich countries the data is sparse, but available estimates from Latin America, Africa, and Asia suggest that the decline of marriages is not exclusive to rich countries.. Over the period 1990– 2010, there was a decline in marriage rates in the majority of countries around the world..

But there’s still a lot of cross-country variation around this general trend, and in some countries, changes are going in the opposite direction..

…

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