Cases and Legislation

Question 1

Legislation for JS

Answer 1

Judicial Separation and Family Law Reform Act 1989

Question 2

Adultery

Answer 2

s2(1)(a)

Question 3

Behaviour

Answer 3

s2(1)(b)

Question 4

Desertion

Answer 4

s2(1)(c)

Question 5

Living Apart (JS)

Answer 5

s2(1)(d) and Family Law Act 2019

Question 6

Broken Down Marriage

Answer 6

s2(1)(f)

Question 7

S v S 2009

Answer 7

it has to be adultery by the respondent

Question 8

Counihan v Counihan 1973

Answer 8

departure with consent doesn’t count as desertion

Question 9

McA v McA 2000

Answer 9

you can be living apart and still under the same roof and vice versa

Question 10

Owens v Owens 2018

Answer 10

the respondent has behaved in such a way that the applicant can’t be expected to live with them.
you don’t have to prove that the conduct caused the break-down of the marriage. Just that it happened.

Question 11

R v Millis 1884

Answer 11

marriage has to be in the presence of an ordained priest

Question 12

Ussher v Ussher 1912

Answer 12

exchange vows in the presence of a priest and then the church has its own strict formalities

Question 13

specific formalities for mixed marriages involving Roman Catholics

Answer 13

Matrimonial Causes and Marriages Law (Amendment)(Ireland) Act 1870

Question 14

rules for Church of Ireland, Presbyterian, Methodists, other Christian, Jewish Demoninations and Quakers

Answer 14

Marriages (Ireland) Act 1844

Question 15

these rules were unconstitutional as different rules applied for different religious groups.

Answer 15

Constitutional Review 1966

Question 16

Article 44.2.3 of the Constitution

Answer 16

bans discrimination based on religion

Question 17

came into force 2007
- uniform rules for all faiths and non-faith marriages

Answer 17

Civil Registration Act 2004, Part 6

Question 18

give at least 3 months written notice to the Civil Registrar

Answer 18

Civil Registration Act 2004, s.46

Question 19

exceptions to notice
- can apply to High/Circuit Court for exemption

Answer 19

Civil Registration Act 2004, s.47

Question 20

Wilson v Wilson 1848

Answer 20

established the validity of separation agreements

Question 21

Cullen v Cullen 1970

Answer 21

agreement is not enforceable unless its in the best interest of the child

Question 22

Guardianship of Infants Act 1964

Answer 22

Custody proceedings

Question 23

s.8 of Family Law (Maintenance of Spouses & Children) Act 1976

Answer 23

agreement to make periodical payments a ‘rule of court’
- apply in HC or CC

Question 24

YG v NG 2011

Answer 24

proper provision must be made for both parties in divorce

Question 24

Civil Registration Act 2004, s.2(2)

Answer 24

Marriage Impediments - under 18 - closely related - already married to each other - already married to some else or in a CP

Question 25

Article 41.4 of the Constitution

Answer 25

Same sex couples have the right to marry

Question 26

N v K 1985

Answer 26

Lack of consent

Question 27

Assisted Decision-Making (Capacity) Act 2015

Answer 27

Inability to give consent - psychiatric illness

Question 28

People (AG) v. Ballins (1964)

Answer 28

Can’t get an annulment from the Roman Catholic Church

Question 29

Civil Partnership & Certain Rights & Obligations of Cohabitants Act 2010

Answer 29

rights and obligations for cohabitants, qualified cohabitants and civil partners

Question 30

s.194 2010 Act

Answer 30

- claim from the estate of the deceased cohabitant if there's no proper provision in will. - 2 year limit if relationship ended before the death of the cohabitant. And the surviving cohabitant must then prove financial dependence. - If they are still together before the death, then there's no need for proof of financial dependence.

Question 31

Part 15 of 2010 Act

Answer 31

Cohabitants: - 2 adults living together - in an intimate relationship - not married to each other - not each other's civil partner - can be same/opposite sex

Question 32

s.202 of 2010 Act

Answer 32

cohabitants contracts governing financial matters during the relationship or its termination - must first get either Independent Legal Advice or Joint Legal Advice

Question 33

Rights of Cohabitants

Answer 33

- right to make contractual agreements - protection in relation to: - wrongful death - succession of residential tenancy - domestic violence - limited recognition in relation to immigration

Question 34

Domestic Violence Act 2018

Answer 34

- Enhanced protections for victims - Extended availability of safety order to non-cohabiting intimate partners - New offence of coercive control - New offence of forced marriage - Removed the ability to obtain a court exemption from the minimum age requirement for marriage; minimum age for marriage is now 18 in all cases

Question 35

s.6 DVA 2018

Answer 35

safety orders

Question 36

s.7 DVA 2018

Answer 36

barring orders

Question 37

s.8 DVA 2018

Answer 37

interim barring orders

Question 38

s.9 DVA 2018

Answer 38

emergency barring orders

Question 39

s.10 DVA 2018

Answer 39

protection orders

Question 40

s.38 DVA 2018

Answer 40

offence for forced marriage

Question 41

s.39 DVA 2018

Answer 41

offence for coercive control

Question 42

DK v Crowley 2003

Answer 42

IBO sought ex parte has a time limit of 8 working days