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Flashcards in 10. Legal Consequences Deck (48)
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1

S24 of 1985 Act?

Marriage or cp don’t affect property rights or legal capacity of spouse

2

What is aliment?

Payment while couple are separated but not divorced

3

Who is owed it?

S1 of 1985

4

Points about it?

Can claim even if u live in same house

5

How much?

Regard to needs and resources of parties

Earning capacités of parties

Not conduct

6

Three cases about aliment?

Ahmed v Ahmed

Higgins v Higgins

Sutherland v Sutherland

7

1?

Material changes in circumstance allows for aliment to increase to Mrs

8

2.

School fees increased so aliment could too

9

3.

Aliment reduced since wife got better and husband got worse financially

10

What are the grounds for divorce?

S1 of 1976 act and s2

11

What about for cp?

S117 2004 act apart from adultery

12

Are divorce and dissolution the same?

In financial terms

13

What is the starting point for sharing matrimonial property?

Equal share as per s10 1985

14

How is this decided?

Net value of property shall be calculated relevant to the date it ended on

15

What is the relevant date?

Defined by s10

Cease to cohabit
Date of service of summons in the action

16

Banks v banks?

Court held relevant date was when pursuer lady stayed overnight in matrimonial home

17

Wallis v Wallis?

House given reasonable valuation doesn’t matter about date

18

What is matrimonial property

Section 10(4-6)

All property during marriage or used for marriage up to relavent date

19

Exception?

Gift from third party only intended for you. Must keep in that form

20

What about pensions?

Half given for that collected during marriage s10(5)

21

What are special circumstances?

S10(6)

Things like agreements
Destruction of property
Use of the property like dental practice
Source of funds- from parents and so on

22

What is s25?

Presumption that equal share

23

Section 25?

Defines household goods

24

What’s the general scheme?

Establish net matrimonial property
Depart from equal sharing if needed
As per section 9 principles

25

What does section 9 decide?

Percentage of matrimonial property

If periodical allowance will be paid

26

Harris v Harris

Court awarded a wife greater capital sum since inheritances from her parents reduced loan on property

27

9(1)(b)?

Economic damage derived by either person from contributions. Giving up work or such

28

Dougan v Dougan?

Husband order to pay wife 20,000 extra for economic disadvantage in not working

29

Cahill v Cahill

Cottage not part of matrimonial property but husband claimed he worked on cottage. Wife payed 32,000 for his improvements

30

De Winton v De Winton?

No matrimonial property but husband had gained economical from wife’s investments. Wife awarded capital sum