Divorce

Question 1

What is the background for divorce?

Answer 1

used to be scandalous but its now a part of life

Question 2

what law helped establish divorce?

Answer 2

Matrimonial causes act 1973

Question 3

Was there many divorces prior to the MCA 1973

Answer 3

No

Question 4

Figures for divorce in the last decade?

Answer 4

120,000-160,000

Question 5

is there pressure for fault based divorce?

Answer 5

Yes

Question 6

What legislation did the MCA 1973 consolidate?

Answer 6

divorce reform act 1969 and matrimonial proceedings and property act 1970

Question 7

What did the MCA 1973 allow?

Answer 7

Finance, divorce and annulment law

Question 8

Can a divorce petition be defended?

Answer 8

Yes

Question 9

What is the percentage of divorce contested?

Answer 9

3%

Question 10

What happens if a divorce is contested?

Answer 10

full hearing, expensive process

Question 11

What does the decree nisi allow?

Answer 11

finances to be sorted

Question 12

what does the decree absolute allow?

Answer 12

finalisation of divorce

Question 13

after how long can the petitioner apply for decree absolute?

Answer 13

6 weeks

Question 14

Can the decree nisi be recinded?

Answer 14

Yes

Question 15

Kim v morris 2012- decree nisi recinded?

Answer 15

degree nisi granted, got back together and lived together for 4 years. applied for absolute which was refused

Question 16

What is the sole ground for divorce and section?

Answer 16

irretrievable breakdown s1(1) MCA

Question 17

what does the sole ground have to be evidenced by\?

Answer 17

5 facts s1(2) MCA

Question 18

string fellow v string fellow 1976

Answer 18

husband left wife and family, she petitioned after 3 months, couldn’t get decree, had to wait 2 years for desertion, could only show irretrievable breakdown

Question 19

is one of the five facts enough on its own?

Answer 19

no

Question 20

Biggs v Biggs

Answer 20

wife got nisi, husband committed adultery, when out of prison lived with her so no absolute due to the period of living together.

Question 21

Fact 1- Adultery (information)

Answer 21

s1(2)(a), cannot rely on own adultery

Question 22

what must you have in addition to adultery

Answer 22

intolerability, but don’t have to be linked

Question 23

is intolerability subjective or objective?

Answer 23

subjective- goodrich v goodrich

Question 24

on who is the burden of proof to show?

Answer 24

petitioner to prove if its disputed

Question 25

what happens if they continue to cohabit after?- fact 1

Answer 25

period of less than 6 months won't be counted

Question 26

Fact 2- unreasonable behaviour

Answer 26

s1(2)(b)

Question 27

what is the test for unreasonable behaviour?

Answer 27

objective test- what would any right thinking person

Question 28

what case does the test for unreasonable behaviour come from

Answer 28

livingstone-stallard v livingstone stallard

Question 29

what conduct are included in unreasonable behaviour?

Answer 29

physical violence, collection of trivial acts, association falling short of adultery, negative behaviour, constant criticism etc.

Question 30

effects of continued cohabitation for unreasonable behaviour?

Answer 30

periods less than 6 months will not count, after 6 months its the courts discretion

Question 31

Fact 3- desertion

Answer 31

s1(2)(c). for 2 years

Question 32

is the petitions for desertion high?

Answer 32

no there are few petitions

Question 33

can you live int he same household and apply for desertion?

Answer 33

as long as you live as 2 separate households

Question 34

le brocq- desertion

Answer 34

didn't share bedroom but continued to cook. no communication, held no desertion

Question 35

effects of continued cohabitation for desertion

Answer 35

under 6 months will not prevent the petition, however the periods will not count towards the 2 year total of desertion

Question 36

Fact 4- 2 years separation plus consent

Answer 36

s1(2)(d), most common if they agree to divorce, no fault needed, living apart in both mental and physical element

Question 37

what falls under the physical separation (fact 4)

Answer 37

may stay in same premises if all common life has cased

Question 38

case for physical separation (fact 4)

Answer 38

fuller v fuller

Question 39

what falls under mental separation (fact 4)

Answer 39

one must consider the marriage to have ended, don't have to communicate it to the other one

Question 40

the case that introduced mental separation

Answer 40

santos v santos

Question 41

effects of continued cohabitation- fact 4

Answer 41

up to 6 months will not break continuity, will not count towards the 2 years

Question 42

Fact 5- 5 years apart without consent

Answer 42

s1(2)(e), similar requirements to 2 years separation with consent

Question 43

Is there a defence for 5 years apart without consent

Answer 43

Yes under s5

Question 44

what is the defence under s5

Answer 44

if divorce would result in financial hardship and it would be wrong in all the circumstances to dissolve the marriage

Question 45

case for defence under s5

Answer 45

k v k- petition delayed to make financial arrangements for the wife

Question 46

for which facts can you postpone the decree absolute

Answer 46

seperation for 2 years with consent or 5 years without consent

Question 47

what section does postponement of decree absolute come under?

Answer 47

s10 MCA 1973

Question 48

where is the dissolution of civil partnership contained?

Answer 48

s44-48 CPA 2004

Question 49

can you petition on adultery for civil partnerships?

Answer 49

no - dennis v dennis

Question 50

where is separation orders for civil partnerships?

Answer 50

s56-57 CPA 2004