Flashcards in 10. Legal Consequences Deck (48)
S24 of 1985 Act?
Marriage or cp don’t affect property rights or legal capacity of spouse
What is aliment?
Payment while couple are separated but not divorced
Who is owed it?
S1 of 1985
Points about it?
Can claim even if u live in same house
Regard to needs and resources of parties
Earning capacités of parties
Three cases about aliment?
Ahmed v Ahmed
Higgins v Higgins
Sutherland v Sutherland
Material changes in circumstance allows for aliment to increase to Mrs
School fees increased so aliment could too
Aliment reduced since wife got better and husband got worse financially
What are the grounds for divorce?
S1 of 1976 act and s2
What about for cp?
S117 2004 act apart from adultery
Are divorce and dissolution the same?
In financial terms
What is the starting point for sharing matrimonial property?
Equal share as per s10 1985
How is this decided?
Net value of property shall be calculated relevant to the date it ended on
What is the relevant date?
Defined by s10
Cease to cohabit
Date of service of summons in the action
Banks v banks?
Court held relevant date was when pursuer lady stayed overnight in matrimonial home
Wallis v Wallis?
House given reasonable valuation doesn’t matter about date
What is matrimonial property
All property during marriage or used for marriage up to relavent date
Gift from third party only intended for you. Must keep in that form
What about pensions?
Half given for that collected during marriage s10(5)
What are special circumstances?
Things like agreements
Destruction of property
Use of the property like dental practice
Source of funds- from parents and so on
What is s25?
Presumption that equal share
Defines household goods
What’s the general scheme?
Establish net matrimonial property
Depart from equal sharing if needed
As per section 9 principles
What does section 9 decide?
Percentage of matrimonial property
If periodical allowance will be paid
Harris v Harris
Court awarded a wife greater capital sum since inheritances from her parents reduced loan on property
Economic damage derived by either person from contributions. Giving up work or such
Dougan v Dougan?
Husband order to pay wife 20,000 extra for economic disadvantage in not working
Cahill v Cahill
Cottage not part of matrimonial property but husband claimed he worked on cottage. Wife payed 32,000 for his improvements