10. Legal Consequences

Question 1

S24 of 1985 Act?

Answer 1

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

Question 2

What is aliment?

Answer 2

Payment while couple are separated but not divorced

Question 3

Who is owed it?

Answer 3

S1 of 1985

Question 4

Points about it?

Answer 4

Can claim even if u live in same house

Question 5

How much?

Answer 5

Regard to needs and resources of parties

Earning capacités of parties

Not conduct

Question 6

Three cases about aliment?

Answer 6

Ahmed v Ahmed

Higgins v Higgins

Sutherland v Sutherland

Question 7

1?

Answer 7

Material changes in circumstance allows for aliment to increase to Mrs

Question 8

2.

Answer 8

School fees increased so aliment could too

Question 9

3.

Answer 9

Aliment reduced since wife got better and husband got worse financially

Question 10

What are the grounds for divorce?

Answer 10

S1 of 1976 act and s2

Question 11

What about for cp?

Answer 11

S117 2004 act apart from adultery

Question 12

Are divorce and dissolution the same?

Answer 12

In financial terms

Question 13

What is the starting point for sharing matrimonial property?

Answer 13

Equal share as per s10 1985

Question 14

How is this decided?

Answer 14

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

Question 15

What is the relevant date?

Answer 15

Defined by s10

Cease to cohabit
Date of service of summons in the action

Question 16

Banks v banks?

Answer 16

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

Question 17

Wallis v Wallis?

Answer 17

House given reasonable valuation doesn’t matter about date

Question 18

What is matrimonial property

Answer 18

Section 10(4-6)

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

Question 19

Exception?

Answer 19

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

Question 20

What about pensions?

Answer 20

Half given for that collected during marriage s10(5)

Question 21

What are special circumstances?

Answer 21

S10(6)

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

Question 22

What is s25?

Answer 22

Presumption that equal share

Question 23

Section 25?

Answer 23

Defines household goods

Question 24

What’s the general scheme?

Answer 24

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

Question 25

What does section 9 decide?

Answer 25

Percentage of matrimonial property If periodical allowance will be paid

Question 26

Harris v Harris

Answer 26

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

Question 27

9(1)(b)?

Answer 27

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

Question 28

Dougan v Dougan?

Answer 28

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

Question 29

Cahill v Cahill

Answer 29

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

Question 30

De Winton v De Winton?

Answer 30

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

Question 31

Section 9(1)(c)

Answer 31

Economic burden of caring

Question 32

Connelly v Connelly

Answer 32

Wife granted extra money because child had special needs so couldn’t take full time job

Question 33

Section 9(1)(d)

Answer 33

Person dépendant on financial support gets reasonable time to adjust over no more than theeebyears

Question 34

Buckle v Buckle?

Answer 34

Married for 30 years. Wife hadn’t worked so awarded periodical allowance of £100 for a year

Question 35

Wilson v Wilson

Answer 35

Wife entitled to periodical allowance due to all she had contributed to the farm

Question 36

Section 9(1)(e)

Answer 36

Serious hardship due to incapacity to work

Question 37

Haughan v Haughan

Answer 37

Husband and wife married for 27 years. Wife Ill so husband to pay periodical allowance for indefinite time

Question 38

Summary?

Answer 38

1. Court wants clean break 2. Start with percentage 3. Wants to resolve without periodical allowance but (c) to (e) cover how much to be paid

Question 39

How is splitting of property done?

Answer 39

S8 Capital sum to be payed Order for transfer of property

Question 40

Kerrigan v Kerrigan?

Answer 40

Husband paid for deposit and mortgage payments. Wife to transfer husband her half

Question 41

Wilson v Wilson?

Answer 41

Husband transfer full half to wife since to was wife’s house and he’d reduced value trying to renovate

Question 42

Anything else?

Answer 42

Order for making periodical allowance

Question 43

What is CETV

Answer 43

Pension sharing and a cash equivalent transfer value

Question 44

Prenups?

Answer 44

S16 of 1985 act states must be fair and reasonable

Question 45

Bradley v Bradley

Answer 45

Husband want pre divorce agreement set aside. Insufficient evidence to show he had suffered unfair or unreasonable disadvantage

Question 46

Sections for cohabitation?

Answer 46

Section 25-29

Question 47

Courtney’s Executors v Campbell

Answer 47

Raised action for unjustified enrichment but told no as it was subsidiary since another remedy was available but hadn’t been used in correct time. Benevolence due to miss c’s son dying not enough to justify not claiming within a year

Question 48

Gow v Grant

Answer 48

Gow wanted capital sum but grant opposed it. Gow has suffered economic damage to the extent of £39,500 and was awarded thus. UKSC upheld this since Quantifiable claim, just fair compensation on a rough and ready basis Outcome gave overall fairness Broad brush approach to do this